NCJ Number
212324
Date Published
2005
Length
18 pages
Annotation
This chapter notes how the Federal Government and some State legislatures have expanded the arsenal of tools to fight terrorist threats by canceling and eroding some of the traditional civil rights believed to be part of the essence of democratic values.
Abstract
Although there is no evidence that statutory gaps in the current powers of Federal and State law enforcement and investigative agencies contributed to the failure to detect and prevent the attacks of September 11th, Congress promptly responded to the attacks with measures that marshaled the security forces of the United States under laws that existed prior to September 11th. Believing such existing powers were not sufficient to counter the terrorist threat, however, the Bush administration and Congress acted to amass an overabundance of new laws, executive orders, and regulations that expanded government powers, with little thought to their impact on traditional civil liberties or an assessment of whether the actual threat warranted such drastic measures. This chapter outlines features of these new measures, including the USA PATRIOT Act, new powers to spy on Americans, the detention of citizens and noncitizens, "dragnet" questioning and the fingerprinting of immigrants, the use of military tribunals, the waiving of attorney-client privilege, and new secrecy measures. A discussion of additional measures on the horizon addresses increased surveillance powers and actions by State legislatures and local authorities that erode the civil rights of their constituencies. The challenges these new government powers pose to traditional American values are discussed under the following topics: the threat to patriotic dissent, the threat to liberty, the threat to equality, the threat to constitutional checks and balances, the threat to open government, and the threat to the rule of law. 56 notes and discussion questions