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Patriot Actions: a Citizens Perspective on the Patriot Act
9/11 changed all of our lives. No one can argue that the people of America changed that day. What continues to be of debate is whether the government has the right to amend the laws of the land as they have under the Patriot Act.
America demanded protections from terrorists, and we got them; in spades. The scary part is this: the Patriot Act was not written in response to 9/11, it was sitting on a shelf waiting for an excuse to be passed. The text of the Patriot Act is incomprehensible to anyone who would be interested in studying what the government is trying to do to strip us of our rights. One would have to have immense amounts of time to cross reference text from the Patriot Act to sections of the United States Code and follow references to other acts that are amended And still remember what the original paragraph was talking about before the cross referencing began. The average human (not just Americans) can't make heads or tails of it. If it is beyond understanding, alarms are not sounded our minds.
In an abbreviated manner, I'll highlight two of the facets of the Patriot Act.
1) Suspension of Habeas Corpus
2) Illegal Search and Seizure without probable cause
Habeas Corpus, Latin for produce the body, is the hallmark of the American judicial system. It requires that everyone accused of a crime be brought to public trial with the support of an attorney and witnesses in their favor. The Patriot Act completely railroads this Sixth Amendment right and arrests and detains people without presenting them with charges, without access to an attorney, and without any outside contact whatsoever. They do not get their one phone call nor do they receive their Miranda rights upon detention. Regardless of what the government suspects of them, sweeping power to disregard our most basic constitutional rights is at its very best extremely dangerous.
Authoritarian approaches such as these lead to police states very quickly. Government habitually abuses the powers that it gains and never lets go of them without an intense struggle. The alarmists in the government want you to believe that if the government is not allowed to arrest and detain American Citizens without probable cause or evidence against them and denying them habeas corpus, we are all doomed to die at the hands of terrorists. Surveilling Americans is not the answer to stopping terrorism. Look up the term "blow back". It's used by the CIA to describe the effects brought about by certain covert operations. That will open you mind on how to prevent terrorism. Another of the more disturbing aspects of the capability of the government to detain anyone anywhere just on the mildest of suspicions that they might have some tie to some sort of terrorism is highlighted in bold by the fact that the definition of terrorism is so loose. Terrorism may be defined as anything an executive order proclaims it to be. If an executive order declares Unions to be terrorist organizations, you will be hauled away without habeas corpus. If an executive order states that members of a political activist group are terrorists, those members will be rounded up and detained indefinitely without habeas corpus.
Some may consider this an alarmist view and believe that the President would never do such a thing, but let me remind everyone that all acts of genocide and mass murder performed by the Third Reich in Nazi Germany were All LEGAL under their laws. The 'Enabling Act' removed the citizens’ rights just like the 'Patriot Act'. German citizens didn't believe that their leaders would do such things either until they were being rounded up just for being Jewish, being Gypsy, being Unionist, being a political opponent, being a sympathizer. Visit the Holocaust Museum in Washington DC and have your eyes opened about the methodologies used by the Third Reich to lull the citizens into complacency before they implemented their police state. You will find glaring similarities to the events that have taken place since 9/11. A more frightening aspect is that they would not make the same mistakes. It will be more subtle and less obvious what is happening.
Sneak and Peak is the power given to the federal government to illegally search and seize your property without probable cause nor due process. Brandon Mayfield stands as the most publicized example of a sneak and peek operation only because he found because he was arrested as a result. Just think of how many there are out there that simply don't know. The ACLU fought for Brandon Mayfield after his detention under the "material witness" clause of the Patriot Act. As a detainee under the material witness clause, he did not receive his Miranda Rights, did not get his one phone call, had no access to an attorney, and was discommunicated from everyone until the FBI discovered that their case had fallen apart, and that Brandon was innocent. Brandon Mayfield had his home invaded, DNA samples collected, computer files searched, and was then detained by the FBI without charges or outside communication for something that didn't even turn out to be criminal. How many amendments in the Bill of Rights can you count up that were violated here.
Brandon's Fourth Amendment right to be safe from unreasonable search and seizure without probable cause became violated as soon as agents entered his home without suspicion of a crime. Brandon's Fifth Amendment right to not be deprived of freedom without due process was violated by warrantless entry into his home and his arrest without charges. Brandon's Sixth Amendment right guaranteeing a public trial and access to representation was violated by his detention without an attorney and without charges for as long as his captures saw fit.
The Tenth Amendment, while not guaranteeing a right to Brandon was still violated because it states, in no uncertain terms that the Federal Government does not have the authority nor right to perform such actions and is in violation of its own code of conduct established in the Constitution and the Bill of Rights. So, if it can happen to Brandon Mayfield, it can happen to you.
These are only two of the Civil Rights abuses perpetrated by the unconstitutional Patriot Act. Many believe that the legislations being passed by Congress are more dangerous to US Citizens than terrorism, so study it and find out the other ways in which the Patriot Act erodes Civil Liberties.
About the Author
Patrick Bowling is a distributor of Republic Magazine and the Web Master of your-info-station.
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