A User's Guide to the USA Patriot Act and Beyond

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University Press of America, 2005 - Political Science - 122 pages
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A User's Guide to the USA PATRIOT Act and Beyond examines the controversial USA PATRIOT Act, passed by Congress six weeks after the horrific events of September 11, 2001. This new set of American laws gives the federal government broad powers to conduct surveillance on American citizens, in some cases without warrant and without judicial oversight. The book summarizes other programs put into operation to severely curtail the civil liberties of Americans, including a second, more intrusive PATRIOT Act, and other proposed programs and laws that attack privacy, probable cause, due process, and free speech. The book begins with an overview of the political philosophy of John Locke, with a specific emphasis on Locke's theory of human rights and its influence on the U.S. Bill of Rights. These political and legal bases are used as touchstones for explaining and evaluating the PATRIOT Act and other related measures being advocated by many federal leaders today. It lists and responds to arguments supporting the PATRIOT Act, and concludes with an essay defending the position that the PATRIOT Act and its successor programs all severely curtail civil liberties.
 

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Contents

Our Rights Tradition From the English Tradition to John Locke to the Bill of Rights
1
II Locke Jefferson and the Declaration of Independence
7
III The Bill of Rights of the Constitution of the United States
9
The United Nations Universal Declaration of Human Rights
14
The Foreign Intelligence Surveillance Act of 1978 and the USA PATRIOT Act
19
II What FISA Allows the Feds to Do
20
Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism aka The USA PATRIOT Act
23
Does the PATRIOT Act Trample Civil Liberties?
39
VIII The Justice Department Replies to Critics
56
IX Other Objections and Replies
59
Pending Legislation Involving Civil Rights
69
II Other Forthcoming Legislation and Governmental Programs That Concern Civil Liberties in Post911 America
83
From PATRIOT to Police State? The BushAshcroft Power Grabs
87
II Watching the Executive
89
III Watching Lawsuits Over PATRIOT
90
IV Watching Our Communities React to PATRIOT
91

II Probable Cause the Fourth Amendment
43
III Privacy
45
IV Checks and Balances
47
V Due Process the Fifth Amendment
48
VI Free Speech the First Amendment
50
VII Other Rights Issues Raised by PATRIOT and Patriot II
52
VI Watching our Fears Grow
100
VII Final Reflections
101
Bibliography
111
Index
119
Copyright

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About the author (2005)

Robert P. Abele is a Philosophy and Religious Studies Instructor at Illinois Valley Community College in Oglesby, Illinois. Dr. Abele holds a Ph.D. in Philosophy from Marquette University.

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