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The Patriot Act: A Constitutional Challenge, 2008.
This paper critically examines the USA Patriot Act and how it challenges the Constitution.
5,396 words (approx. 21.6 pages), 16 sources, MLA, £ 93.95
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Abstract
The paper reviews the reasons behind the Patriot Act's formulation and passage into law in order to explain why millions of Americans were willing to cast the Constitution aside in the name of national security. The paper explores the critical responses to this Act and the Constitutional challenges it presents. The paper strongly contends that
Constitutional challenges to the Patriot Act should be intensively pursued and asserts that this Act is a travesty of democracy. A large amount of source material is appended to the paper.
Outline:
Introduction
Background and History of USA Patriot Act Origination
Critical Responses to Patriot Act
Content and Implications of Patriot Act
Reasons for Constitutional Challenge
Content of 8 USC 1182
Amendment Issues
Case Law Discussion
Implications of Future Terrorist Attacks
Recommendations
Conclusion
From the Paper
"In stating the problems presented by the USA Patriot Act and in examining its background, it is necessary to review the reasons for its formulation and passage into law, for they explain why millions of Americans have been willing to cast the Constitution aside in the name of national security. This Act emerged into the national consciousness just eight days after the al-Qaeda terrorist attacks on the Pentagon and the World Trade Center, when the Bush Administration made a legislative proposal that has become known as the USA Patriot Act. (Balkin)"
"Critics contend that the proposal was not the product of a carefully considered examination of the failures and deficiencies of the American law enforcement and intelligence agencies that allowed the attacks to succeed, but was little more than a collection of questionable old conservative agendas that were taken off the shelf and introduced by the Bush Administration in the form of vital new powers the federal government needed to protect the United States from terrorism. (Brunswick)"
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The Patriot Act and Constitutional Freedom, 2004.
Discusses how the United States can protect itself from enemies within its own borders without harming the ideals of freedom on which the country's Constitution is based.
2,859 words (approx. 11.4 pages), 9 sources, APA, £ 59.95
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Abstract
The tragedy of 9/11 is the most recent case in point of how a nation can take its freedom and liberty for granted, which ultimately allows others to tear down that which has taken over 200 years to build, protect, and defend. This paper shows that the Patriot Act of 2001 undoubtedly faces numerous legal challenges in the upcoming months and years. While the issue of protecting the nation cannot be forgotten in the aftermath of 9/11, neither can the lessons learned from the Alien and Sedition Acts, nor the tragic mistake of interning thousands of Japanese-Americans under no more than suspicion and bigotry. The paper explains that the challenge of defending a nation from outside aggressors is simple when compared to the problem of defending the nation from those who would attack it from within.
From the Paper
"Under the Patriot Act, the FBI needs only to certify to a FISA judge that the action is based on investigating terrorism. There remains no need for evidence of a crime, or probable cause, only that the search is designed to protect against terrorism. Under the Act, the judge has no authority to reject this application. While the Department of Justice (DOJ) calls this "seeking a court order," in application it is much closer to a rubber stamp. In the pragmatic application of the Act, the target of a search needn't be a terror suspect himself, so long as the government's purpose is "an authorized investigation ... to protect against international terrorism." (Lithwick and Turner, 2003)"
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Patriot Act, 2007.
This paper looks at the Patriot Act versus constitutionally guaranteed rights.
6,085 words (approx. 24.3 pages), 12 sources, MLA, £ 101.95
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Abstract
In this article, the writer notes that the U.S. Patriot Act was passed in haste following the terrorist attacks on the U.S. in 2001. The writer points out that the act was reauthorized and amended in 2006. The writer claims that in its urgency, the United States Congress, fueled by extremely fearful times and the mushrooming nationalism spawned by those fears, appears to have launched its own attack on the United States Constitution in order to provide the legal clout needed to avoid another attack. This paper reviews the literature surrounding the Patriot Act's intrusion into the Constitution. The writer provides a review of the issues and the amendments and looks at how the Patriot Act conflicts with those amendments.
Outline:
Introduction
Bill of Rights, Amendment IV
Background on Fourth Amendment
Generalizations
The Patriot Act Specifics and Generalizations
Senator Russell Feingold: The only U.S. Senator to Vote against the Patriot Act in 2001
Sixth Amendment
Generalizations about the Patriot Act, the Loss of Privacy, the Digital Technology Implications and the Fourth Amendment
Librarians Concerns about the Patriot Act
From the Paper
"A recent research piece in the Brigham Young University Law Review asserts that, to begin with, there are problems for 21st Century individuals involved in justice and law enforcement. Quite apart from Patriot Act considerations, the Fourth Amendment is tricky. That is because, Minert writes, the language in the Fourth Amendment "is inherently ambiguous." Indeed the Amendment forbids "unreasonable searches and seizures" and it certainly does not outline parameters for how a proper search warrant should be given to law enforcement by courts."
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Legal Issues with the USA Patriot Act, 2008.
An analysis of the legal issues related to the USA Patriot Act, regarding citizens' constitutional rights.
752 words (approx. 3.0 pages), 6 sources, APA, £ 18.95
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Abstract
This paper discusses the legal issues associated with the USA Patriot Act of 2001. The paper provides a background and history to the Act and how it has been used by federal law enforcement authorities, specifically in ways that have absolutely nothing to do with terrorism or homeland security. The paper focuses on the potential for the Patriot Act to erode constitutional rights.
Table of Contents:
Introduction - Background and History
Major Legal Issues
The Patriot Act in Use
Conclusion
From the Paper
"The problem is many of the provisions of the Patriot Act were actually drafted long before September 11, 2001, and had previously been rejected by Congress precisely because they violated established principles of constitutional law defining the limits of governmental surveillance of citizens for the purpose of law enforcement and prosecution. For example, the Federal Bureau of Investigation (FBI) and other components of the Department of Justice (DOJ) had previously sought certain types of "roving" wire taps in criminal investigations which were denied because they were considered too broad to satisfy constitutional protections (ACLU 2008). The Patriot Act authorizes those taps on the basis that terrorists often move too often to permit a effective surveillance of any specific location or telephone carrier."
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The Patriot Act and Civil Liberties, 2004.
Argues that the 2001 Patriot Act goes against the American Constitution.
1,950 words (approx. 7.8 pages), 13 sources, MLA, £ 44.95
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Abstract
On October 24, 2001, just six weeks after the September 11th attacks and under the guise of national security, a prosecutor?s wish list, not limited to terrorists, was born. This paper argues that, while the Patriot Act contains many appropriate provisions, it is specifically oppressive in reference to some of its expansive powers, which infringe on citizens? civil liberties. It further argues that the United States, the original model of democracy around the world, should be able to protect and defend itself without sacrificing the constitutional rights granted to its citizens.
From the Paper
"Furthermore, the aforementioned searches are not subject to the sunset clause attached to some of the Patriot Act?s extended powers. What is particularly ominous about these searches is underlined by Tracey Maclin, a leading expert on the Fourth Amendment. Professor Maclin warns that these break-ins are not tied only to cases in which national security or threats from foreign agents appear to be the focus of investigations. It can apply to any criminal investigation (as cited in Hentoff, War 40). Therefore, with the sneak and peak warrants, the government can break into any citizens home, search and confiscate anything deemed necessary, and avoid notifying the person for an indefinite amount of time."
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The Patriot Act, 2008.
This paper argues that the Patriot Act violates and affects the civil liberties of American citizens.
775 words (approx. 3.1 pages), 3 sources, APA, £ 19.95
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Abstract
In this article, the writer notes that, following the events of September 11th, the Patriot Act was developed in an effort to prevent further terrorism from occurring. The writer then argues that the nature of the Patriot Act has been called into question because of concerns that the Act interferes with the civil liberties of Americans. The purpose of this discussion is to expound upon why the Patriot Act interferes with the Civil Liberties afforded Americans via the Bill of Rights. The writer concludes that the Patriot Act is unconstitutional and should be amended to ensure that the civil liberties of persons living in America are not violated.
Outline:
Introduction
The Patriot Act and Civil Liberties
Conclusion
From the Paper
"There are several factors that contribute to the Patriot Act's infringement upon civil liberties. The primary problem with the Patriot Act involves the right to privacy. Under the Patriot Act, the federal government is given the right to search medical records, tax records, and even the books that an individual borrows from the library. In addition, the government also has the ability to conduct surveillance without permission. The government can also conduct secret searches of your home without telling you. All of these aforementioned invasions of privacy can occur under the patriot act without probable cause.
"These policies established by the patriot act are a direct contradiction with some of the statutes that were established in the Bill of Rights."
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The Patriot Act, 2006.
An overview of the USA Patriot Act that was passed to protect the country against terrorist attacks.
914 words (approx. 3.7 pages), 4 sources, MLA, £ 22.95
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Abstract
The USA Patriot Act, which is an acronym for Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism, was enacted, by the United States Congress, following the terrorist attacks of September 11th. The paper argues that equilibrium needs to be met between the protection of a nation and protection of the individual's rights, and the Patriot Act does not fulfill that requirement.
Paper Outline:
Overview of the Patriot Act
The Patriot Act as a Violation of Civil Rights and Constitutional Amendments
Conclusion
From the Paper
"The ACLU has stated that they believe that the Justice Department has mislead Americans into the true nature of the Patriot Act. This is in response to a website that was created by the Justice Department, in 2003. The ACLU, in their report, notes that despite the DOJ's claim that the Patriot Act can only be used to obtain business records, via Section 215, that in fact, the FBI can obtain 'any tangible thing'."
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The Patriot Act of 2001, 2004.
An analysis of the Patriot Act of 2001 signed by President Bush following the 9/11 terrorist attacks.
3,857 words (approx. 15.4 pages), 10 sources, MLA, £ 74.95
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Abstract
This paper discusses the Patriot Act of 2001. The paper explains that the act was passed in order to unite and strengthen the United States of America by providing all the appropriate and the necessary tools with which to fight terrorism. The paper debates the benefits and disadvantages of the Patriot Act and concludes that it provides an effective tool to fight against terrorism and that it should maintain peace in the United States.
Outline
Introduction
The 9/11 Attack
The Patriot Act
Title II of the Patriot Act
Possible Sequel to the Act
Pros and Cons
Conclusion
From the Paper
"The attack was carried out on September 11, and this was the first time that a foreign force had succeeded, and very well so, in attacking the mainland of the USA, since the year 1814, when the famous war between Great Britain and America was fought, called the British-American War. The terrorist attack left more than 3,000 innocent persons dead, a toll that in fact exceeded that of the number of dead during the attacks on Pearl Harbor carried out by Japanese on American troops posted in Hawaii in the year 1941, and that in fact led to the entry of America into the Second World War in 1941. The strategy of the terrorists was to at first hijack four commercial airliners that were at the time of the attack filled up with jet fuel, nearly 24,000 gallons. (September11 2001, Terrorist Attacks) Once this was carried out, the flights became literal flying bombs, and two of these aircrafts were rammed into the two 110 stories high towers of the World Trade Center (World Trade Center) located in the city of New York, one flight onto the Pentagon in Virginia, (The Pentagon) and the fourth one crashed into an open field in Pennsylvania."
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Patriot Act, 2004.
A thorough review of the Patriot Act of 2001 and its effect on the American people.
5,620 words (approx. 22.5 pages), 13 sources, MLA, £ 96.95
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Abstract
The paper defines the Patriot Act and addresses the measurements of the conditions that the policy addresses. Then, the paper analyzes the execution of the Act and assesses the effectiveness of the policy. Subsequently, the paper presents an analytical framework, which advocates the restructuring of the present policy. Hereafter, the paper identifies and highlights the policy makers and assesses their relative importance in policy-making. The paper also identifies non-governmental organizations and segments of the public to which these policymakers must listen in order to be successful in the implementation of the policy, as well as to stay in office. Lastly, the paper identifies and assesses the constraints on achieving the policy objectives that are presented by clientele opinion, the courts and the agencies? staff, rules, and culture.
Outline
Definition of the Law
The USA Patriot Act
Implementation of the Patriot Act
Restructuring the Patriot Act
Significance of Various Policy Makers
Constraints on the Implementation of the Policy
Conclusion
From the Paper
"The second millennium acquired a ruthless setback when it was shocked by the terrorist attack of September 11, 2001. The attack was unparalleled and extraordinary in many ways; it was huge, unforeseen, slyness, vicious, as well as shocking. For millions of Americans, it signified a depressing new world order for the days in front, where even the most protected society might be infiltrated and devastated by a small band of strong-minded zealots. The anthrax deaths later that September simply added to people's thoughts of susceptibility. It is no surprise that barely six weeks afterwards, on October 26, 2001, President George W. Bush quickly authorized into law the USA PATRIOT Act, by all dealings one of the most comprehensive, as well as contentious acts in United States history, proposed to spectacularly augment government powers of inquiry and enforcement, many would quarrel at the cost of individual liberties. The compound, as well as courageous 342-page Act had been quickly approved by overpowering majorities in the U.S. Senate (98-1), as well as House (357-66), devoid of public considerations or discussions, albeit the Act resembled segments of the Antiterrorism Act of 1996, which had previously been lined unconstitutional by federal courts (unknown2002b)."
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The Patriot Act, 2008.
This paper explores the controversy surrounding the Patriot Act, with a focus on its merits.
884 words (approx. 3.5 pages), 8 sources, APA, £ 22.95
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Abstract
The paper explains that some people contend that the Patriot Act infringes on the rights of people and gives the government undue power, while others take the position that the Act is essential to protect freedom and increase the nation's security. The paper maintains that while the Patriot Act does have the potential of challenging the freedoms of American citizens, this will only occur if leaders neglect the ethical standards that their duties depend upon. The paper is of the opinion that Americans should not hesitate in their commitment to the Patriot Act.
From the Paper
"The United States Patriot Act of 2001 is viewed as the "most controversial act passed by Congress in modern history" (Abdolian & Takooshain, 2003, p. 1429). This is because the Patriot Act allows government and law enforcement to have greater power over society and those within society to have less privacy, as provided for under the United States Constitution, according to Abdolian and Takooshain (2003) (p. 1429). Yet, the Patriot Act was created in response to the terrorist attacks on September 11, 2001. Its purpose was to ensure that the freedom with which terrorists operated in the nation prior to 9-11 would not again threaten the country through new terrorist forces (Toobin, 2002, p. 1501)."
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The Patriot Act, 2004.
An analysis of the Patriot Act, which was passed in the wake of the 9/11 terrorist attacks and gives sweeping powers of search and surveillance to the law enforcing agencies.
1,154 words (approx. 4.6 pages), 6 sources, MLA, £ 27.95
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Abstract
This paper discusses the controversy that still surrounds the Patriot Act and examines its impact on the law enforcement agencies and the Fourth Amendment. The USA Patriot Act, which was signed as law in the wake of the 9/11 terrorist attacks, gives sweeping powers of search and surveillance to the law enforcing agencies and is aimed at eliminating the terrorist activities in the U.S. The Department of Justice and the Bush administration claim that the Patriot Act has been instrumental in preventing further terrorist attacks in the U.S. after 9/11. However, the civil libertarians claim that the Act severely compromises the civil liberties granted in the U.S. Constitution and violates the due process law of the Fourth Amendment.
From the Paper
"The Bush administration and the US Department of Justice insist that the Patriot Act is not aimed at restricting civil liberties and consists of only modest, incremental changes in the law in order to preserve the lives and liberty of the American people from the challenges posed by a global terrorist network. The Department of Justice Website claims that following its passage, the Patriot Act has played a key part in a number of successful operations to protect innocent Americans from the deadly plans of terrorists. (The USA PATRIOT Act: Preserving Life and Liberty, 2003) Others such as the American Civil Liberties Union (ACLU) beg to disagree and denounce the defense of the Act by the government as misleading and dishonest. Their main worry is that the expansion of police powers and the reduction of personal privacy do not make Americans any safer from terrorists - it only allows the government to interfere with the privacy of its citizens."
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The Patriot Act, 2006.
An analysis of the Patriot Act passed by President George Bush in response to the terrorist attack of September 11, 2001 on American soil.
1,744 words (approx. 7.0 pages), 8 sources, APA, £ 39.95
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Abstract
This paper analyzes the implications and consequences of the Patriot Act signed and approved as law by President Bush on October 26th, 2001, following the terrorist attack of September 11th. The paper explains the purpose of the Patriot Act as well as the measures provided for under the Act for meeting this purpose. The paper also discusses the threat to civil rights and liberties imposed by the Patriot Act, pointing out that, while the American government may use this Act to fight terrorism in a more effective manner, it will cost Americans a lot in terms of loss of civil liberties and personal rights.
From the Paper
"One of the worst, yet momentous events in U.S history occurred on September 11th, 2001. This event released a flow of patriotic fervor and a permanent fear among all Americans that they had also now become suspect to acts of international terrorists. This led to a lot of changes in the attitudes of the executive and legislative branches in the United States government. They came up almost immediately with new measures, which were supposedly against terrorism or terrorist threats. One of the principle acts passed by them was called "Uniting and Strengthening America by Providing Appropriate Tools Required to intercept and Obstruct Terrorism Act of 2001," also called the USA Patriot Act. This was signed and approved as law by President Bush on October 26th, 2001. This act is one of the most sweeping acts passed in the history of modern America. The Act affects the civil liberties of the citizens of USA and even non-citizens who are residing in America on a regular basis."
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The Patriot Act, 2004.
An overview of both sides of the debate of the Patriot Act, with a focus on the benefits it has for fighting terrorism.
1,986 words (approx. 7.9 pages), 15 sources, APA, £ 44.95
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Abstract
The paper examines the controversy of the Patriot Act and answers many of the myths claiming that it infringes on people's civil liberties. The author discusses how this law has been a vital tool in helping to fight terrorism. It shows how, previously, governments agencies did not work together to share information and now, as a result, of the Patriot Act, agencies are exchanging information, which is key to preventing terrorist attacks. This paper, therefore, argues that, although certain sectors of the population may feel that the Patriot Act affects their civil rights, in general, the Act assists in protecting the country.
From the Paper
"One of the most vocal critics of the Patriot Act is the American Civil Liberties Union (ACLU). Their biggest objection of the Act is to Section 215, which permits agents to seek business records by showing a judge that this information is required to help a terrorism investigation. Under Section 215 the FBI does not have to show probable cause of wrongdoing to obtain a warrant, as is required in other criminal cases. The ACLU contends that Section 215 is unconstitutional because it gives the FBI the ability to spy on and track everyday protest groups such as the National Rifle Association, Operation Rescue and Greenpeace, simply because they can be considered domestic terrorism groups."
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The U.S. Patriot Act and Issues of Confidentiality, 2006.
A discussion of the conflict between the U.S. Patriot Act and the National Association of Social Workers' code of ethics.
1,350 words (approx. 5.4 pages), 1 source, £ 37.95
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Abstract
This paper explains that after the September 11th attacks by terrorists in the United States, the federal government and the American people determined that national security should be the primary focus of the country. In response to this call to protect the United States against future terrorist activities, the President and Congress acted swiftly to develop a plan that would allow the government to attempt to meet this goal and receive terrorist information previous to another assault on the United States. The USA Patriot Act was the result of these efforts. The paper further explains that the Patriot Act gave the broadest possible allowances to the government in their quest to identify terrorists, but in the process of doing so, it became evident that the law also infringed upon the rights of American citizens. This paper discusses this issue in relation to how the Patriot Act conflicts with the code of ethics followed by the National Association of Social Workers.
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