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CJUS820 Advanced Topics in Terrorism and Intelligence
Week 5 Intelligence, Terrorism and the Constitution (The USA Patriot Act)
Discuss the advent and evolution of the U.S.A. Patriot Act. Also, discuss the
constitutionality of the legislation as well as any concerns that have been
voiced with the legislation. In discussing the concerns, please be specific as
to the constitutional concerns present.
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The U.S.A. Patriot Act
The United States Patriot Act is one of the major developments that followed the 9/11
tragedy as the government sought ways to bolster national and global security. In full, it means
“Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and
Obstruct Terrorism.” Congress approved it for enactment in 2001, just 45 days post-9/11, to
spearhead the government’s reaction to the terrorism threat (Eck & Hatz, 2020). Creating this
law was to discourage and penalize any acts of terrorism within national borders and anywhere
in the world.
However, the act has evolved amid growing controversies and questions about its
constitutionality over the years. The Improvement and Reauthorization Act (2005) and
Additional Reauthorization Amendments Act (2006) are examples of the many adjustments
made to the initial law (Wadsworth, 2020). Besides, the act underwent reforms and extensions
until 2011 to address issues that arose after its enactment. The constitutionality of the law is
among the many concerns threatening its existence. Scholars and other interested parties claim
that the act’s clause that expands search of records is unconstitutional. The Patriot Act’s section
2015, in particular, is a violation of the constitution in multiple ways. For instance, allowing
searches without warrant and establishment of probable cause to the suspected crime is
inconsistent with the Fourth Amendment. The constitution bars authorities, particularly law
enforcers, from unjustified or unwarranted search and seizure of people or property.
Furthermore, the amendment guarantees civilians a right to free speech, which Patriot Act
prohibits. The law forbids those served with search warrants or orders from disclosing the search
or warrant to other people (Wadsworth, 2020). In other words, the law requires extreme secrecy
even where such privacy is not necessary. Individuals who go against this prohibition risk being
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investigated by the Federal Bureau of Investigation (FBI) even if it is their right to exercise free
speech. The Federal Rules of Criminal Procedure were revised to permit the government to
search private properties without informing owners until the exercise is completed (Wadsworth,
2020). The controversy surrounds the law’s mandate that gives the government the power to
enter, order everyone out, search, and leave or seize the property while owners remain in the
dark without knowing why the search is being conducted. Thus, people are alarmed and continue
to question the more secret searches by the government that are permitted by the act.
American citizens also raise concerns about the expansion of the act covering areas that
had been excepted under the Foreign Intelligence Surveillance Act (FISA) (1978). The Patriot
Act permits the use of wiretaps to gather intelligence, provided the purpose is significant. The
bile encourages everyone to be law-abiding and says if one commits a crime and does something
prohibited, whether deliberately or inadvertently, they are guilty and should be punished
accordingly (Leviticus 5:17). However, it is also essential to appreciate the bible’s support of the
Fourth Amendment, which the act violates to deny citizens their constitutional privileges. The
scripture commands people to live freely, but not abuse their freedom to conceal evil (1 Peter
2:16). Thus, the conflict between the Patriot Act and the constitution denies the citizens the
opportunity to enjoy their privileges.
Respectfully,
Al
References
Eck, K. & Hatz, S. (2020). State surveillance and the COVID-19 crisis.
Journal of Human Rights, 19(5), 603-612.
https://doi.org/10.1080/14754835.2020.1816163
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Wadsworth, M. R. (2020). The Patriot Act: How it hurts democracy. Undergraduate Honors
Capstone Projects, 869. https://digitalcommons.usu.edu/cgi/viewcontent.cgi?
article=1878&context=honors
