S. 2271 Fails To Address The Constitutional Flaws In The PATRIOT Act
7 March 2006
2006 Ron Paul 9:1
Mr. PAUL. Madam Speaker, contrary to its proponents claims, S. 2271 fails to address
the constitutional flaws in the PATRIOT Act or
protect innocent Americans against future
abuses of their civil liberties. Rather, passing
this bill makes the permanent authorization of
most of the act inevitable. Therefore, I urge
my colleagues to vote against S. 2271 in order
to force the House and Senate to craft a new
legislation giving the government the tools
necessary to fight terrorism without sacrificing
constitutional liberties.
2006 Ron Paul 9:2
The Chairman of the Senate Judiciary Committee essentially admitted that S. 2271 does
nothing to address the core concerns constitutionalists
and civil libertarians have with the
PATRIOT Act. In fact, he has announced his
intention to introduce his own PATRIOT Act
reform bill! However, if S. 2271 passes and
PATRIOT Act extension becomes law, it is
highly unlikely that this Congress will consider
any other PATRIOT Act reform legislation.
2006 Ron Paul 9:3
USA Todays Editorial of March 1, Patriot Act compromise trades liberty for safety, accurately
describes how people concerned
about individual liberty should react to S.
2271s reforms: Big Deal. By any standard
of respect for the Bill of Rights, those provisions
never should have been in the law in the
first place. What is it about the Fourth Amendment
(The right of the people to be secure
. . . against unreasonable searches and seizures
shall not be violated) that Congress
doesnt get?
2006 Ron Paul 9:4
Among S. 2271s flaws are provisions restricting recipients of a gag order regarding
government seizure of private records from
seeking judicial review of such orders for a
year and requiring that recipients prove government
officials acted in bad faith, a ridiculously
high standard, simply to be able to communicate
that the government has ordered
them to turn over private records. The bill also
requires that recipients of National Security
Letters, which can be abused to sidestep the
requirements of the Fourth Amendment, provide
the FBI with the names of any attorneys
from whom they have sought legal counsel
from. S. 2271 would thus prohibit a National
Security Letter recipient from even asking a
lawyer for advice on complying with the letter
without having to report it to the FBI. In fact,
S. 2271 requires National Security Letter recipients
to give the FBI the names of anyone
they tell about the letter. This provision will
likely have a chilling effect on a recipient of a
National Security Letters ability to seek legal
advice or other assistance in challenging or
even complying with the National Security Letter.
2006 Ron Paul 9:5
Madam Speaker, S. 2271 does not address the fundamental constitutional problems with
the PATRIOT Act. To the contrary, S. 2271
will make most of the PATRIOT Acts dramatic
expansions of federal power a permanent feature
of American life. Therefore, I urge my colleagues
to reject this bill and work to ensure
government can effectively fight terrorism without
sacrificing the liberty of law-abiding Americans.