Don't Tread on Me: The Unpatriotic Act

 

The provisions in question allow for the government to get access to one's private business, library and various other records by way of a broad warrant from a special court instead of the normal channels of due process. They allow for roving wiretaps of multiple communication devices to be monitored and recorded constantly, instead of recording only being allowed while one is discussing matters pertinent to an investigation. Additionally, a specific suspect need not be identified to the judge in this instance. The third provision allows for the FBI to undertake surveillance of foreign "lone wolf" suspects, not known to be tied to a specific terrorist group. It should be noted that United States citizens can be investigated under the "lone wolf" provision if the FBI or other investigating agencies suggest the citizen is acting as an agent of a foreign power. In this instance it is up to the judge issuing the warrant to prove the FBI's assertion wrong. There is very little burden of proof on the FBI's part in regards to them claiming a citizen is acting on behalf of a foreign power.

 

My main problem with all three of these provisions is that they circumvent the warrant requirements and procedures of due process that are prescribed in the U.S. Constitution and its amendments. According to the Constitution, its amendments and century's worth of legal decisions in the realm of Constitutional Law, law enforcement must provide a judge of jurisdiction (not some special, secretive court) with reasonable suspicion that the home being searched, records being taken or conversation recorded will provide proof a crime has been committed. Under the Patriot Act, law enforcement is allowed to comb through all private belongings, records and conversations of an individual suspected of terrorism. Let us not forget in the United States one is innocent until proven guilty. The most troubling part of all these provisions, especially the "lone wolf" provision that can be applied to citizens, is the fact that the United States government has a history of spying on citizens who disagree with certain policies or actions of the government. This happened to many in the anti-Vietnam War and Civil Rights Movements. Martin Luther King Junior was illegally spied on by the FBI. The Patriot Act, in its curbing of our individual rights and liberties, makes it far too easy for the U.S. government to undertake such activities again, and if they do, there is a good chance these domestic spying actions would be legal this time.

 

When I heard of the failed vote to renew these provisions I could not have been more overjoyed. While, I never again want to see an event the likes of the one this nation suffered on Sept. 11, 2001, I also believe strongly in the freedoms that the United States, since its inception, has granted its citizens. These provisions fly in the face of the Fourth Amendment's guarantees of protection from unreasonable search and seizure, as well as circumvent constitutionally provided due process under the law. Benjamin Franklin nailed it when he stated, "They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." While there is no questioning of the need to support strong intelligence and some military operations against hostile terrorist groups, the freedoms and liberties of the American people should in no way be curtailed.

 

As I set out to write this article the Congress passed, and the President signed into law, a three month extension of these provisions. It is claimed that during the next three months Congress will deliberate on how to create amendments to the provisions to ensure the Fourth Amendment rights of citizens are protected. There is also talk of making these provisions permanent. If the Congress cannot provide the restoration and protection of the people's rights and liberties when crafting the next extension or permanent bill in three months, then any bill lacking protections of the people's rights should be voted down as the initial renewal attempt was in early February. I know some of you may still be thinking that we must do whatever is necessary in order to prevent another terrorist attack, even if it means giving up some of your rights. You may even argue that "hey, I am never going to break the law, so this will never affect me." Last time I checked our national anthem ended with the line ". . . land of the Free, and the home of the Brave," not "the land of the monitored, and the home of the scared."