Running Head: Patriot Act

Patriot Act Glenn Powell ECPI University

Running Head: Patriot Act

Preamble to the United States Constitution: We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of American. (Transcript of the Constitution of the United States - Official Text) Section 9 United States Constitution: The Privilege of the writ of Habeas Corpus shall not be suspended, unless when in Case of Rebellion or Invasion the public Safety may require it. No Bill of Attainder or ex post facto Law shall be passed. (Transcript of the Constitution of the United States - Official Text) Preamble to the Bill of Rights: The Conventions of a number of the States, having at the time of their adopting the , expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution. (Bill of Rights Transcript Text.)

Running Head: Patriot Act

Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized. Amendment V No person shall be held to answer for a capital, or otherwise infamous crime, unless on the presentment of indictment of a Grand Jury, except in cases arising in the land or naval forces , or in the Militia, when a actual service in time of War of public danger; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property, without due process of law; nor shall private property be taken for public use, without just compensation. Amendment VI In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Amendment VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. (Bill of Rights Transcript Text.) The United States Constitution was written over two hundred years ago and has been the frame work that built the greatest country in the world by respecting the rights of its citizens. The Civil War was fought to ensure these rights were given to all people and two world wars were fought to protect these rights. While the world has become a far more complicated place with the technologies available to us The Constitution and Bill of Rights still outline the basic rights citizens need to have to live as free people. The Patriot Act was passed after the attacks on September 11, 2001 using commercial airliners as missiles taking the Twin Towers in New York City, damaging the Pentagon in Washington D.C. and crashing into a field in Pennsylvania. Thousands of lives were lost in this act of terrorism. The intent of the Patriot Act is to prevent more terrorist attacks and save the life of Americans. The original Patriot Act gave a lot of power to investigators using new technologies for investigating suspected terrorists and helped to prevent further acts of terrorism. In 2011 the National defense Authorization Act (NDAA) that monitors the budgets of the defense department added a provision to the Patriot Act that allows United States citizens to be arrested and held if they are terrorist suspects. Both the Patriot Act and the NDAA are intended to protect the freedom of Americans are the constitutional and should we be skirting around constitutional rights no matter what the reason. Could we end up giving away our freedom and civil rights while trying to protect them?

The new provision added in the NDAA allowing citizens to be arrested and held without being charged or appear in court does not allow a Writ of Habaes Corpus which is intended to protect American citizens form being held prisoner without due process so they go before a court and it is determined that the charges are just and is guaranteed in the Constitution. The constitution also guarantees that you will be judged by a court and found guilty first then punished. In The Bill of rights the Fifth Amendment also guarantees citizens to the right to not be imprisoned without being charged in court and due process, the Sixth Amendment guarantees citizens a speedy public trail and the Eighth Amendment guarantees citizens that cruel and unusual punishment will not be inflicted. The Patriot act allows for sneak and peak warrants which allows for search and seizure without notifying owners or the use of National Security letters which is a subpoena that requires documents like telephone, email and financial records to be submitted without telling anyone that the letter exists this lets law enforcement investigate without getting a warrant or court order by providing probable cause which is guaranteed to citizens in the Fourth Amendment. The Patriot Act was originated in a time of national emergency to protect American Citizens from terrorist attacks and gave Homeland security and other law enforcement agencys necessary tools needed to win the war on terror. Enough time has gone by that new more comprehensive laws respecting constitutional rights a giving law enforcement the tools needed to protect citizens could be written. The balance of keeping this country safe from terrorist and allowing its citizens their rights and freedoms is an important thing and we need to take is seriously as once you give up your rights it will be difficult to get them back.

Cited Transcript of the Constitution of the United States - Official Text. (n.d.). Retrieved from http://www.archives.gov/exhibits/charters/constitution_transcript.html

Legal Dictionary | Law.com. (n.d.). Retrieved from http://dictionary.law.com/Default.aspx?selected=848

Legal Doctrine of Bill of Attainder. (n.d.). Retrieved from http://www.thepowerhour.com/news2/bill_attainder.htm

Bill of Rights Transcript Text. (n.d.). Retrieved from http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html What is the USA Patriot Web. (n.d.). Retrieved from http://www.justice.gov/archive/ll/highlights.htm

New National Defense Authorization Act Authorizes Indefinite Detention of U.S. Citizens. (n.d.). Retrieved from http://hrbrief.org/2012/03/new-national-defense-authorization-actauthorizes-indefinite-detention-of-u-s-citizens/