Tag Archives: legal

Using the U.S. Patriot Act to Fight Terrorism

Many of the fundamental tenets of a free American society are founded on the basis of liberty. Americans enjoy liberty, but I surmise that many are unfamiliar with term. We as Americans can enjoy certain freedoms because of liberty. Liberty describes the condition of man to be able to govern him- or herself with regard only to the consequences of actions and decisions, the responsibility of liberty. Merriam-Webster (2011) defines liberty as “freedom from arbitrary or despotic control, the positive enjoyment of various social, political, or economic rights and privileges, and the power of choice” (para. 1). Using liberty as a foundational political philosophy, our forefathers prescribed our abilities as citizens in our freedom.

Faced with horrible, vicious, and unfamiliar terror, our society became frightened and called on our lawmakers to ease this fear. Without a full understanding of that which we were facing, the knee-jerk reaction that is the USA PATRIOT Act (2001) was signed into law. The unfortunate reality is that this law violates almost every libertarian prescription codified in the U.S. Constitution and those of the many states. No longer are we, as citizens, free to travel interstate by a common means of the day (air travel) without undue and warrantless searches and seizures. No longer can an American citizen be knowingly free to have private phone conversations without the fear of wiretaps, save for those that are reviewed by a judge to be warranted.

It would indeed be ironic if, in the name of national defense, we would sanction the subversion of . . . those liberties . . . which make[s] the defense of the Nation worthwhile” (U.S. v. Robel, 1967, pp. 258, 264). (as cited in Strossen, 2004, p. 368)

America is resilient because of the liberties enjoyed by every citizen. Legislation, such as the USA PATRIOT ACT (2001), undermines these liberties and creates a weaker nation as the focus turns towards government for the protection of the individual instead of the individual protecting the government as it has been since America’s inception. Focusing more on our freedoms and liberties while restating the need for each citizen to take an active role in their personal security and that of their community would go much farther than any knee-jerk legislation could ever hope to. I agree with Strossen (2004) that the USA PATRIOT Act is unnecessary, overreaching, and counterproductive the security of our free State.

References

Liberty. (2011). The Free Merriam-Webster Dictionary. Retrieved from http://www.merriam-webster.com/dictionary/liberty

Strossen, N. (2004). Terrorism’s toll on civil liberties. Journal of Aggression, Maltreatment & Trauma, 9(3), 365–377. doi:10.1300/J146v09n03_07

USA PATRIOT Act of 2001, Pub. L. No. 107-56, 115 Stat. 272 (2001).