Community | April 02, 2010 | 8 comments

Patriot Act vs. Constitution

source: http://www.scn.org/ccapa/pa-vs-const.html

The primary problem with the US Patriot Act is best summarized by the US Supreme Court:

“Does the Constitution permit Executive officials to detain an American citizen indefinitely in military custody in the United States, hold him essentially incommunicado and deny him access to counsel, with no opportunity to question the factual basis for his detention before any impartial tribunal...”

Unfortunately, the Supreme Court delivered a mixed verdict relative to this case (03-6696 Hamdi v. Rumsfeld) in that it was ruled that the U.S. government has the power to hold American citizens and foreign nationals without charges or trial, but that detainees can challenge their treatment in U.S. courts.

For further information on what you can do about the US Patriot Act (pro or con), please refer to the Get Involved section:

Let your elected officials know what you think. Also, take advantage of the ACLU's free email-fax-letter sending service (enter your ZIP code at bottom of page). You can delete the default message and write about any topic you wish.

Consider HR 3171 - The Benjamin Franklin True Patriot Act.

Consider S 1709 / HR 3352 - Security and Freedom Ensured (SAFE) Act of 2003.

Consider distributing the CCAPA Leaflet in your area (leafleting information is available).


“They that can give up essential liberty to obtain a little temporary safety
deserve neither liberty nor safety.” - Benjamin Franklin
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8 comments // Patriot Act vs. Constitution

  • bking74
    • +1
      bking74  

    • I firmly believe the used correctly the Patriot Act is a valuable addition to our national security. Unfortunately, it's abuses are well documented and with our former Vice-President bragging about using illegal interrogation tactics all over last Sunday morning's news programs. The Patriot Act is not going to be repelled anytime soon, just certain abuses will be investigated. While there is suppose to cooperation between Federal and Local Law enforcement agencies, we have yet to see wide spread abuse by Local Law enforcement agencies using the Patriot Act to prosecute domestic criminals. In fact under the Obama Administration we have seen an increase in the capture of wanted terror suspects, trials for terror suspects already in custody in both civilian and military courts and increase predator drones attacks and C.I.A operations in Pakistan. The Patriot Act isn't going anywhere but we need to demand stronger and more vigilant over-sight and severe punishments for abuses.

    • 2 years ago
  • lookatmypix
  • AmericanStandard
  • csmonut
    • 0
      csmonut  

    • Once rights have been taken, once power has been usurped, it is never given back. No administration has ever given back that which the previous one has taken.
      I too was hoping for a repeal of the PA. However, even though the PA is still in place with law enforcement using it at will, the Obama administration is not nearly as friendly about it, as was the Bush Admin.
      Federal law enforcement agencies have become rather cautious about exercising the PA, but local law enforcement has become more bold, therefore causing a lot of headaches to the people.

    • 2 years ago
  • WakeUpPeople
    • 0
      WakeUpPeople  

    • The Patriot Act essentially took a black magic marker to the fourth amendment. It's amazing that the teabaggers weren't as upset at this as much as they were against health care reform. I am very disappointed that the PA was not repealed by Obama. I really have no idea why this isn't considered a huge issue.

    • 2 years ago
  • ryan8566
    • 0
      ryan8566  
    • WakeUpPeople:

      since this outrageous legislation was passed by congress, obama has no authority to repeal it...that would take the congress to undoe this atrocity. i don't think he has the votes
      to do this...esp. since the members would have to admit to never having read it.

    • 2 years ago
  • WakeUpPeople
    • 0
      WakeUpPeople  
    • ryan8566:

      http://www.truthdig.com/eartotheground/item/obama_renews_patriot_act_provisions_...

      President Barack Obama has signed a one-year extension of several provisions in the nation’s main counterterrorism law, the Patriot Act.

      Provisions in the measure would have expired on Sunday without Obama’s signature Saturday.

      Three sections of the Patriot Act that stay in force will:
      * Authorize court-approved roving wiretaps that permit surveillance on multiple phones.
      * Allow court-approved seizure of records and property in anti-terrorism operations.
      * Permit surveillance against a so-called lone wolf, a non-U.S. citizen engaged in terrorism who may not be part of a recognized terrorist group.

    • 2 years ago
love_is_my_religion
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