Law
and Liberty in a
"Secure Homeland"
-
Homeland Security-
Civil Liberties in 2003
Legislation
The USA Patriot Act
The USA PATRIOT Act (the full name is "Uniting
and Strengthening America by Providing Appropriate Tools
Required to Intercept
and Obstruct Terrorism") was written, passed (by
a 98-1 vote in the U.S. Senate) and signed into law within
seven weeks of the Sept. 11 terrorist attack.
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The Homeland Security Act of 2002
This act created the Cabinet-level
Department of Homeland Security and began a massive
reorganization of the federal government.
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Government Reorganization
The
Department of Homeland Security
The creation of the Department of Homeland Security is
the most significant transformation of the U.S. government
in over a half-century.
The Department of Homeland Security has a
clear and efficient organizational
structure with four divisions:
Border
and Transportation Security
Emergency
Preparedness and Response
Chemical,
Biological, Radiological and Nuclear Countermeasures and
Information
Analysis and Infrastructure Protection.
Continued Expansion of Government
Power?
Domestic
Security Enhancement Act of 2003
This proposed law was reportedly prepared in secret for
months while the Justice Department told Congress it
had no such legislation in mind. Patriot II became public
knowledge
when a draft was leaked to Charles Lewis, head of the
Center for Public Integrity. Since then the draft has been
made
publicly available.
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Commentary and Information
about "Patriot II"
Center for Public Integrity
Big
Brother Gets Bigger
Ashcroft
Out of Control
Warblogging.com
- Commentary
TomPaine.com - Secret Draft of Patriot II
ACLU
- Fact Sheet
ACLU
- Resources and Action
PBS
- Web News
Friends
Committee on National Legislation
Center
for Public Integrity
Analysis
of PATRIOT II - ACLU
Analysis
of PATRIOT II - David Cole
Reflection #4
"Alright already! So these "liberals" don't like
Ashcroft or the USA Patriot Act. Big deal! REAL Americans
will give up a few rights for security. Freedom
isn't free!"
Do these comments represent your reaction
to the last set of links? Do individual
political ideologies lead us to respond to controversial
opinions in predicatable ways? Is it easy to discount
opposing opinions by personalizing?
For example, "of course they
say that, they are _________." (Blank can be filled
with "liberal," "conservative," left-wing," "facsist,"
you name it - or better
yet, don't name it.)
Is the truth in there somewhere? Are you concerned
about the tendency to "dichotomize" debate by assuming
there are just two sides to every question? |
Homeland Security
Repeal
Now provides a list of USA Patriot
Act impacts:
- FREEDOM OF ASSOCIATION: Government may
monitor religious labor, and political institutions without
suspecting criminal
activity to assist terror investigation.
- FREEDOM OF INFORMATION: Government has
closed once-public immigration hearings, has secretly
detained hundreds of
people without charges, and has encouraged bureaucrats
to resist
public records requests.
- FREEDOM OF SPEECH: Government may prosecute
librarians or keepers of any other records if they tell
anyone that
the
government subpoenaed information related to a terror
investigation.
- RIGHT TO LEGAL REPRESENTATION: Government may monitor
federal prison jailhouse conversations between attorneys
and clients,
and deny lawyers to Americans accused of crimes.
- FREEDOM FROM UNREASONABLE SEARCHES: Government may search
and seize Americans' personal records, business documents
and telephone/internet activity without probable cause
to assist terror investigation.
- RIGHT TO A SPEEDY AND PUBLIC
TRIAL: Government may jail Americans indefinitely
without a trial.
- RIGHT TO LIBERTY: Americans may be jailed without being
charged or being able to confront the witnesses against
them.
The following links provide information and commentary regarding
the scope and impact of The USA Patriot Act and The Department
of Homeland Security.
Facts and Opinion
White
House Analysis of Homeland Security Act of 2002
ACLU
- Fact sheets and other information
Center
for Constitutional Rights - Report
EPIC
- History and Other Information
Friends
Committee on National Legislation (FNCL) - Links and
other information
ACLU
- Information and Commentary
Big
Brother is Watching
ABA
Commentary
Privacy
in Cyberspace
Patriot
ART
Propaganda
Remix Project
Impacts
Unchecked Power
Implications for Colleges and Universities
Air Travel
Privacy
Personal
Records
Data
Retention
Financial
Privacy
Student
Privacy
Student
Records
Freedom
of Association?
Immigrant
Detention
Military
Tribunals
Search
Warrants
Judicial
Oversight?
Attorney-Client
Communications
ABA
- Attorney-Client Relationship
Privacy
and Criminal Proceedings
Foreign
Intelligence Surveillance Act
FNCL
- Erosion of Civil Liberties after 9/11
Corporate
Profits
Reflection #5
In what ways do you, as an individual, feel a loss
of liberty?
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