|
Domestic Spying and the USA Patriot Act, 10/06
Key Lecture Points:
• In December 2005, Congress took up the issue of the renewal of the USA Patriot Act. Initially passed in the October 2001, immediately after the terrorist attacks of September 11, the Patriot Act was hailed by some as a vigorous response to the threat of terrorism and opposed by others who saw it as granting too much power to the Executive Branch of the US Government at the expense of the rights of US citizens. The current debate hinges upon the sections of the Patriot Act which were set to expire (“sunset provisions”) on 12/31/05
• After a bi-partisan (but mostly Democratic) filibuster, the Senate voted to extend the Patriot Act for a short period (30 days) in order to continue debate into 2006 without allowing the Law to expire, as scheduled, on 12/31/05. Debate hinges upon many issues, including immigration law, due process afforded to defendants and the scope of government searches of US citizens.
• The issue of searches has become the central element of the debate over the Patriot Act, due to the revelation that the President has authorized the National Security Agency (NSA) to use its access to phone and internet traffic to and analyze communications made within the US and eavesdrop on conversations without a warrant.
• Defenders of the Bush Administration’s NSA program argue that the President is acting within the authority granted to him by the Senate after the 2001 attacks to defend the nation against terrorist attacks and that, given that the nation is in a state of war, the President must be granted extraordinary powers to defend the nation. Opponents argue that not even Congress can give the President such power to spy unchecked upon US citizens in violation of the 4th Amendment protection of American citizens against unreasonable searches and seizures.
• Both the renewal of the Patriot Act and the NSA spying issues call into question the extent to which the US Government (the Executive, in particular) can go to protect the nation and the extent to which citizens give up rights in an age of a nebulous, but very real, threat posed by terrorism.
For More Information:
• Wikipedia Summary of Patriot Act History: http://en.wikipedia.org/wiki/USA_PATRIOT_Act
• Congressional Research Service Analysis of NSA Domestic Surveillance Program (PDF file): http://www.fas.org/sgp/crs/intel/m010506.pdf
Books For Further Reading:
• Leone, Richard C. The War on Our Freedoms: Civil Liberties in an Age of Terrorism. Public Affairs, 2003.
Description: America 's leading experts on civil liberties sound an alarm about the consequences of the war on terrorism for our freedom at home. In each generation, for different reasons, America witnesses a tug of war between the instinct to suppress and the instinct for openness. Today, with the perception of a mortal threat from terrorists, the instinct to suppress is in the ascendancy. These essays by top thinkers, scholars, journalists, and historians lift the veil on what is happening and why the implications are dangerous and disturbing and ultimately destructive of American values and ideals. The "war on our freedoms" is just as real as the "war on terror"--and, in the end, just as dangerous.
Click here to order.
• Etzioni, Amitai. How Patriotic Is the Patriot ACT?: Freedom Versus Security in the Age of Terrorism. Routledge, 2004.
Description: Amitai Etzioni argues, 'any reasonable deliberation about our national security is the recognition that we face two profound commitments: protecting our homeland and safeguarding our rights.' In this short book, Etzioni, the well-known and respected public intellectual and communitarian thinker, charts a middle course, or third way 'between those who are committed to shore up our liberties but blind to the needs of public security, as well as those who never met a right they are not willing to curtail to give authorities an even freer hand.' This book will prove a useful guide for citizens looking for a thought provoking, well-reasoned and sober analysis of one of the hot button issues of our time.
Click here to order.
• Chang, Nancy. Silencing Political Dissent: How Post-September 11 Anti-Terrorism Measures Threaten Our Civil Liberties. Seven Stories Press, 2002.
Description: Constitutional expert Nancy Chang examines how the Bush administration's fight against terrorism is resulting in a disturbing erosion of First Amendment rights and increase of executive power.
Click here to order.
|
