Richard L. Cain, JD BS
Candidate for the LL.M. Degree in International Taxation & Financial Services, Walter H. & Dorothy B. Diamond Graduate International Tax Program Thomas Jefferson School of Law Presented to
Professor William H. Byrnes, IV Director and Founder, Walter H. & Dorothy B. Diamond Graduate International Tax Program Thomas Jefferson School of Law, 1115 Island Avenue, San Diego, California 92101 and
Professor Robert Munro Thesis I Walter H. & Dorothy B. Diamond Graduate International Tax Program, Thomas Jefferson School of Law
February 1, 2012.
Copyright 2012 by Richard L. Cain, JD BS
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Richard L. Cain, JD BS PO Box 91016, Santa Barbara, California 93190 Phone: 818-451-3660 email@example.com
Richard L. Cain, JD BS
Table of Contents
This Thesis will provide an overview of the controversial sections of the USA Patriot Act as it relates to the First Amendment, Fifth Amendment, Sixth Amendment and Eighth Amendments of the Constitution. In addition this Thesis will summarize the Controversial sections of the Military Authorization Act which goes into effect May, 3 2012. Both Acts appear to violate many of the basic principles that have been articulated in the U.S. Constitution, particularly within the Bill of Rights. In the wake of the worst terrorist attacks in U.S. history on September 11, 2001, just six weeks later with little Congressional resistance or analysis; the U.S. Congress passed into law the USA Patriot Act. The bill passed 98-1 in the United States Senate, and 356-66 in the United States House of Representatives; Senator Russ Feingold cast the Senate's lone dissenting vote. President George W. Bush signed the bill into law on October 26, 2001. Assistant attorney general Viet D. Dinh was the chief architect of the act. The Patriot Act titled “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism” granted an unprecedented and vast power to federal investigative services, which greatly undermines the civil liberties and constitutional freedom of the American people. Defining Terrorism
The Act created increased surveillance powers for law enforcement that does not only focus on terrorism but also applies to domestic and international investigations. The definition of terrorism is separated into two categories of terrorism within the context of the USA Patriot Act, international terrorism and domestic terrorism. International terrorism and domestic terrorism are defined as activities that involve violent acts to human life that are a violation of the United States or any States criminal law, acts that appear to be intended to intimidate or coerce a population, to influence government by coercion, or to affect government by kidnapping, mass destruction, or assassination. However, international terrorism must take place primarily outside of the United States jurisdiction and domestic terrorism must take place within the United States jurisdiction. `
The main objective of the Patriot Act is "to deter and punish terrorist acts in the U.S. and around the world, to enhance law enforcement investigatory tools, and for other purposes. Despite this purpose, the Act represents both good and bad points with respect to fighting terrorism and negative consequences on the civil liberties of U.S. citizens. For the most part, it appears as though the USA Patriot Act appears to threaten the liberties of the American people. The hastily passed Patriot Act does have provisions and measures that help the U.S. Government expand its surveillance of suspected...
References: 1. The Bill of Rights. (1996). Available at http://memory.loc.gov/const/bor.html.
2. FBI oversight hearing prologue to expected report slamming agency. (2003). Available at www.aclu.org/news/NewsPrint.cfm?ID=13197&c=206.
3. Michael C.W., & Van Bergen, J. (2002). The USA PATRIOT Act: Part I. Available at http://truthout.com/docs_02/11.1512.jvb.cm.usapa.1.p.htm
5. Schabner, D. (2003b). Conservative backlash. Available at http://abcnewsgo.com/sections/us/2020/conservatives_ patriot030312.html
7. Talanian, N. (2002). A guide to provisions of the USA PATRIOT Act and federal executive orders that threaten civil liberties. Available online from the Bill of Rights Defense Committee at www.bordc.org.
8. USA PATRIOT Act. (2001, Oct 24). HR 3162 RDS, 107th Congress (1st Session). Viewed on Aug3,2005:http://www.epic.org/privacy/terrorism/hr3162,html
10. Van Bergen, J. (2002). Repeal the Patriot Act. Available at www.truthout.org/docs_02/04.02A.jvb.Patriot.p.htm.
11. Van Bergen, J. (2002b). Repeal the Patriot Act, Part 2.Available at hgre23.
12. Bill Summary & Status for the 107th Congress. (2001). Retrieved May 12, 2005 from
13. Intelligence Surveillance Act of 1978. Retrieved January 2, 2012 from http://www.eff.org.
A major impact on local law enforcement. Retrieved January 2, 2012 from
15. Surveillance Under the USA Patriot Act. Retrieved January 2, 2012 from http://www.aclu.org
21 No. 22 ed., ASSURANCE sec.: 14. Lexis nexis. Web. 6 Jan. 2012.
18. Dish, Viet. "Patriot Act Exemplifies Checks and Balances." Human Events 61.17 (2005):
Academic Search Complete
19. Donner, Frank. The Age of Surveillance. New York.: Alfred A. Knopf Inc., 1980.
an education on the Bill of Rights." The Village Voice (New York) 25 Apr. 2007. Lexis
sec.: A19. Lexis nexis. Web. 6 Jan. 2012.
Reference USA, 2004. p256-260.
23. O 'Hanlon, Michael. "Taps for Liberty or Security?" The Washington Times 7 Dec. 2007,
COMMENTARY sec.: A 18
2nd ed. Detroit: Gale, 2005. p451-453
25. Minow, M. (2002). The USA PATRIOT Act and Patron Privacy on Library Internet
26. Aiken, A. L. (2007, October 29). Federal Judge Rules Patriot Act unconstitutional. Inside Track, p. 9 (1).
29. Bush, George W. (2005).The Patriot Act Should Be Expanded. Opposing Viewpoints: The Patriot Act. Retrieved January 11, 2012, from Opposing Viewpoints Resource Center. .
40. CNN.com, “Guards get low pay, little training,” May 27, 2007.
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