The journey from there to here

This is going to be an article with a qualifier. I hate the US Patriot Act on principle. I have grave concerns about its potential for abuse. But, since the majority of the American public approves of some measure of limitations on liberties, in some circumstances, this article is written with that in mind:

The US Patriot Act is an interesting piece of legislation. Enacted in the days following 9/11/01, it was implemented almost unanimously by a government that had a real and pressing concern for securing our country in the wake of a horrific attack. Whether or not it was an appropriate security measure is a matter for another discussion. But the Patriot Act and all similar pieces of legislation should ALWAYS be written with a sunset clause.

Why do I say this? Well, let's start with the reason for the Patriot Act's passage. The Patriot Act was written basically under the philosophical concept that in time of war greater powers of surveillance and investigation are needed. Again, noting my objection to the particular act that was passed, I would say this is a sound argument. If we argue this point and still press for the provisions of the Patriot Act to become point, we are in fact, declaring this to be an unwinnable war. By allowing a sunset clause and renewing the act from time to time, we are stating that we CAN and WILL win the war on terror, and that there will be a time that this law will no longer be necessary.

Proponents of the Patriot Act point to the fact that abuses of the act have been minimal. But the fact that they exist AT ALL is a cause for grave concern. And I would counter that the minimal abuses have occured precisely BECAUSE of the sunset clause of the Patriot Act. Lawmakers KNEW these tools would not be permanent, and law enforcement officials acted with restraint because they knew these tools were given at the discretion of our legislative bodies.

A sunset clause does not preclude serial renewal of this act. But it does ensure that this act will be reviewed from time to time, and if abuses are found to be consistently applied, it can be stricken from the books. Put simply, the sunset clause is our greatest tool against tyranny.

I would be willing to concede to the argument that the Patriot Act is a necessary tool for our war on terror IF my opponents will concede it is just that: a tool for fighting a WAR, even one that has no borders or uniformed militia. As an act of war, it becomes superfluous when the war is won, and should be abolished at that same time.


Comments
on Dec 22, 2005
I agree with you about the sunset.  However, to my knowledge there has been no abuses as of yet, let alone minimal.  That may be due to your theory, or not.  I am just glad that there have not been any.
on Dec 22, 2005
I don't personally know of any either. But for the sake of argument I will concede the protestations of opponents of the Patriot Act who allege some 180 abuses, most of them minor.
on Dec 22, 2005
This actually reminds me of my own post, "Wartime Powers and the 'No-Return Policy'". But yours is much better written!
I agree that this wielding of power (specifically the Patriot Act) is necessary and appropriate in a time of war, but that its need will fade as this open-ended war is won. The contention in my post was that politicians will consistently renew their power, being reluctant to give it up.
Money + power = corruption and abuse
on Dec 22, 2005
I think most laws should have sunset clauses.
on Dec 22, 2005

I think most laws should have sunset clauses.

I like that thesis even better!