Monday, January 02, 2012

Misinformation About The Patriot Act

By Douglas V. Gibbs

Though there may be some aspects of the PATRIOT Act that raises eyebrows, the misinformation about the law is rarely properly addressed.

The PATRIOT Act helps authorities track down terror leads and dismantle plots before the public is in any danger. The PATRIOT Act was carefully crafted to ensure it remained within constitutional bounds, while also assuring that the powers are not abused.

With the constitutional authority of providing for the common defense at the forefront, the PATRIOT Act enables Congress and the Commander in Chief to ensure the national security, but the law also carefully weighs civil liberties. Privacy is not a right when we expose it voluntarily to the public. Understand that the PATRIOT Act does not give the federal government unfettered power to spy on American citizens, but it does enable investigators to investigate that which has been voluntarily made public. Still, significant safeguards are in place, through the design of the processes of investigation, as well as oversight mechanisms that provides even more protections than one would normally be afforded in criminal proceedings. The reporting requirements in place are also subject to both congressional and court oversight.

The Constitutionality question arises from the question over the role of government. Through the Constitution the States established the federal government for the purpose of the union. The authorities granted to the federal government by the Constitution are specifically for the purpose of the protection, preservation, and promotion of the union. Sure, there is often abuse, and in fact I would say that 85% of the federal government's actions are unconstitutional, but the ability to investigate and capture the enemy during a time of war is important to the defense of this nation. That said, understanding the concerns of the American People, the PATRIOT Act also takes special care in the careful monitoring and vigilant oversight of war powers, especially during this time of war.

Since the PATRIOT Act was created, Congress has since modified it by adding new safeguards, and more judicial oversight. Investigators have more things to do to satisfy the demands so that the investigators can better help stop terrorism, while also being cognizant of the rights of the American citizens.

There has also been investigations into the investigators, and there has been no evidence to support the accusation of abuse. The provisions have not been misused. Those that oppose the PATRIOT Act suggest that the hands of the investigators should be further tied through more procedural safeguards, but to do that will not make the country any safer, and if anything may enable terrorists to take advantage of the loss of authority. The people's eye has kept the government honest in this respect, and has prevented any abuse of authority. Therefore, as a result, any encroachment on our fundamental liberties has not been initiated.

-- Political Pistachio Conservative News and Commentary

Living Under the PATRIOT Act: Educating a Society - Paul A. Ibbetson

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