Half Way to Permanent Loss of Rights

Despite pleas from constituents the House has decided to make permanent the majority of the provisions in the U.S.A. P.A.T.R.I.O.T. Act that were scheduled to be dropped this year. Additionally, they removed the sunset provisions from parts of the Intelligence Reform and Terrorism Prevention Act of 2004. The Senate version has not yet been voted on, which still gives citizens some time to fight.

Here are links to the GPO version of USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (you may access this through http://thomas.loc.gov and searching for H.R.3199), U.S.A. P.A.T.R.I.O.T. Act of 2001, Intelligence Reform and Terrorism Prevention Act of 2004 and the ACLU's explanation of the sunset provisions of the U.S.A. P.A.T.R.I.O.T. Act

It is beyond my limited legal skill to decipher the full implications of H.R.3199, but there are principles that can be discussed. The provisions impacted by H.R.3199 are aspects of the U.S.A. P.A.T.R.I.O.T. Act and Intelligence Reform and Terrorism Prevention Act that were considered significant changes to both Constitutional and legal rights. They passed as emergency abridgements of protections in the face of possible terrorist threats. They were scheduled (in the case of the U.S.A. P.A.T.R.I.O.T. Act) to be revoked on December 31, 2005. What the House has done is to make permanent infringements of Constitutional and legal rights through the expanded powers of police and intelligence agencies. Having these various provisions made a permanent part of U.S. law creates a new floor for future infringements.

The authors of the U.S. Constitution (despite may problems I may have with them) attempted to create a government that protected both the country from becoming a dictatorship, and the people from abuses of that government. Over the years the country has gone back and forth redefining rights and liberties and protections from government intrusion and abuses. Elements like the Emergency War Powers Act were put in place for times of high threat to the nation. Abuses by particular agencies and actors were curbed (for example setting limits in place to stop COINTELPRO, and instituting Miranda Rights).

Now, the House (and likely the Senate) are permanently abridging protections of the peoples' rights and protections. If these provisions ultimately go through, we will certainly have given up freedom (and any true democracy) for an ephemeral promise of "safety," and a guaranteed intrusion into the peoples' lives and liberties.