USA Patriot Act

Session 9 –

YSU Weapons of Mass Destruction Course

Reactive Legislation

• Gun Control

• Product Tampering

• Music Sharing

• Cell phone Use

• Smoking

Fee market-based system of government allows you enough rope to, theoretically hang yourself.

Why?

• Public Fear

• Public Demand for Something to be Done

• Election Year?

• Leaving Their “Mark”

• Paternalistic Government– Neocolonialism

Where Were You?

               

American Emotions

From Experience – In Crisis

• Vigilantism– Crimes Against Islamics

• Rampant Media Misreporting– As in Our Exercise

• Kneejerk Political Statements– Sec. of State Alexander Haig

9-11 Was No Exception

• Justice Dept. Wish List– Encompassing powers for law enforcement– Treasury measures– Detainment of suspects– Fight terrorism

• Submitted to Congress– H.R. 2975 (the PATRIOT Act)

Legislative Process

• Public Issue

• Interest by One or More Congressmen

• May be Taken to Committee– Committee May Receive Draft Form Leg.– Vote to Kill or Continue

• Assigned a Number

• Submitted to House For Discussion

Legislative Process

• Senate Receives Bill

• May Have a Parallel Bill in Existance

• Committees May Hear Bill

• May be Submitted to Floor For Passage

• Passage of Both Houses – Sent to President

The Act

• Feds Have Greater Power to:– Track Communications– Intercept Communications– Combat Financial Corruption– Close Borders to Foreigners– Detain or Remove Those Within Our Borders

The Act

• Creates (against terrorists)– New Crimes– New Penalties– New Procedural Efficiencies

New McCarthyism?

James Madison, in Federalist No. 47, put it succinctly: "The accumulation of all powers, legislative, executive, and

judiciary, in the same hands ... may justly be pronounced the very definition of tyranny."

The PATRIOT Act, says that non-citizens suspected of terrorism can be detained, but only for seven days.

Jose Padilla