Title: How the Patriot Act Works | HowStuffWorks
Headings: How the Patriot Act Works
How the Patriot Act Works
Main Provisions of the Patriot Act
Titles III-X of the Patriot Act
Primary Criticisms of the Act
A Brief History of the Patriot Act
Is the Patriot Act a Success or a Failure?
Opposing the Patriot Act
Citation

Content: Photo courtesy of The White House
The Patriot Act has come under fire for a number of reasons. It was passed very quickly (just over a month after the September 11, 2001, terrorist attacks), and Congress spent very little time reading and debating it. By some accounts, less than 48 hours passed between the presentation of the bill’s final wording and the law passing in both houses of Congress, leading to some doubt whether many members of Congress actually read the lengthy and complex bill. However, Sen. Russ Feingold, a Democrat from Wisconsin, was the only senator to vote against the act, while several members of the House of Representatives joined his dissent or abstained from voting. Critics contend that such a crucial and sweeping piece of legislation deserved more thorough deliberation. There are fears that the Patriot Act reduces or removes many of the civil liberties enjoyed in the United States and guaranteed by the Constitution. The right to privacy (not specifically mentioned in the Constitution but supported by numerous Supreme Court decisions) and freedom from unreasonable searches and seizures are the most notable infringements due to the expansion of the government’s ability to conduct wiretaps, obtain NSLs and perform searches without notification. The detainment of material witnesses and terrorist suspects without access to lawyers, hearings or any formal charges are seen as erosions of the Fifth and Sixth Amendments, rights of due process and trial by jury, respectively. Advertisement
Critics also charge that the Patriot Act unfairly expands the powers of the executive branch and strips away many crucial checks and balances. The lack of judicial review, or secretive reviews subject to strict gag orders are the key elements of this criticism.