
TRIALBRIEF
The Patriot Act of 2001 and Civil Liberties
PDF version
of Patriot Act
Background:
President Bush signed The USA Patriot Bill on October 26, 2001. It is
designed to provide law enforcement with the tools to intercept and
interrupt terrorism. It is in direct response to September 11's attacks. Congress passed
the act with overwhelming bipartisan support. So there can be little doubt of the
intent of the Act. No one would suggest, for example that Senator Leahy of Vermont would
knowingly abridge the civil liberties of Americans.
Issues
1. Will this bill be effective?
Only time can answer this question. But the answer will be obvious.
2. Have our fundamental freedoms been undermined by the passage of this Act ?
There is nothing on the face of the Patriot Act which is patently
unconstitutional.
3. Will our fundamental freedoms be abridged by its application?
Like all laws passed by the legislative branch of government and signed into law by
the executive branch, the Constitutionality of the law in its entirety or in
separate sections as would be the case in this Act, will be determined by the
judicial branch. For example, the fourth amendment protection against search and seizure
is invoked in our courtrooms on a daily basis. Judges determine if an individual search
and seizure is Constitutional. So, it shall be with the majority if not all of the
provisions of this act.
For an analysis of the Grand Jury provisions of the Patriot Act (Section 203) click here.
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