Presentation Transcript

1. Patriot Act

   You’re either with us Or You’re against us!
2. What is it? On October 26, 2001, amid the climate of fear and uncertainty that followed the terrorist attacks of September 11, 2001, President George W. Bush signed into law the USA Patriot Act. By expanding the government’s authority to secretly search private records and monitor communications, often without any evidence of wrongdoing, the Patriot Act eroded our most basic right – the freedom from unwarranted government intrusion into our private lives – and thwarted constitutional checks and balances.
3. USA PATRIOT ACT 2001 Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism
4. Connections to the Constitution The framers of the Constitution recognized that giving the government unchecked authority to pry into our private lives risked more than just individual property rights. These patriots understood from their own experience that political rights could not be secured without procedural protections. (Think Due Process- Gov can’t take your stuff without following the rules)
5. The Fourth Amendment mandates prior judicial review and permits warrants to be issued only upon probable cause. The nation’s founders saw these procedural requirements as the necessary remedies to the arbitrary and unreasonable assaults on free expression exemplified by King George’s abuse of general warrants. Stifling dissent does not enhance security (ACLU) Connections to the Constitution
6. Connections to the Constitution The framers created our constitutional system of checks and balances to curb government abuse and, ultimately, to make the government more responsive to the needs of the people – in whom all government power resides. Limiting the government’s power to intrude into private affairs, and checking that power with independent oversight, reduces the error and abuse that conspire to undermine public confidence.
7. Proponents of the Patriot Act suggest that reducing individual liberties during a time of increased threat to our national security is both reasonable and necessary, and that allowing fear to drive the government’s decisions in a time of emergency is “not a bad thing.” In effect, these modern-day patriots are willing to exchange our forbearers’ “don’t tread on me” banner for a less inspiring one reading “if you aren’t doing anything wrong you have nothing to worry about.” Thoughts??
8. Section 215 of the Patriot Act authorizes the government to obtain "any tangible thing" relevant to a terrorism investigation, even if there is no showing that the "thing" pertains to suspected terrorists or terrorist activities.
9. Section 206 of the Patriot Act, also known as "roving John Doe wiretap" permits the government to obtain intelligence surveillance orders that identify neither the person nor the facility to be tapped. This provision is contrary to traditional notions of search and seizure, which require the government to state with particularity (it means to be very specific) what it seeks to search or seize.
10. Wiretaps
11. Section 326
12. Section 6001 of the Intelligence Reform and Terrorism Prevention Act of 2004, or the so-called "Lone Wolf" provision permits secret intelligence surveillance of non-US persons who are not affiliated with a foreign organization. granted only in secret courts
13. Marion Woman Jailed After Exceeding Pseudoephedrine Limit Six Times This woman will now be on a federal database after violating the pseudoephedrine limits (KCRG.com- Feb 15, 2012)
14. May 26, 2011  President Barack Obama opted to sign a 4-year extension of three key provisions  included: 1.) roving wiretaps, (2) searches of business records and (3) surveillance of people suspected to be plotting terrorist acts who weren’t members of terrorist organizations.
15. Like it People who are in favor of The Act like that it allows law enforcement to use surveillance against suspected terrorists, conduct investigations without outside interference and the ability to search business records in national security cases without a mountain of red tape. They also appreciate the fact that it increases the penalties for those involved in terrorist activities, that it evolves with the evolution of terrorist activities and that it allows law enforcing to get a search warrant whenever and wherever they need.
16. The staunch opponents of The Act, however, hate that it gives the FBI seemingly unlimited power over “any tangible thing,” that it absolves the authorities from having to have probable cause and that it expands the government’s right to search the private property of owners without notice to the owner. Don’t like it
17. Class Task Using your pocket Constitution, find the following: Does Congress actually have the power to craft and pass this law? Should the President Bush have signed it into law? (Try to find historical precedence that shows a President signing a law that is so wide ranging and/or a bill that is so split in its support) Should President Obama have signed the extension? (Try to find his arguments for why he did so)