Amendments: Since 9/11

The Patriot Act has been criticized since its inception for granting the government overreaching powers in the name of protecting us. Under the act, the government can issue a National Security Letter demanding information on arbitrary people at arbitrary times, with little or no court oversight. These letters can come with gag orders, forbidding the recipient to talk about the fact that a search has taken place. Searches can be performed without the subject even knowing someone has been in his home! Some of these sections have already been held unconstitutional, but if they were law once, they can be law again. An amendment is called for to prevent such abuses.

1) Any planned or ongoing gathering of information relating to a criminal investigation, where such gathering would otherwise violate civil rights, shall be considered to be a search, and as such must be authorized by the courts before it can take place. The agency seeking such a warrant must clearly demonstrate to the court why such a warrant is necessary. The target of the information-gathering must be limited, and clearly specified in the warrant. The person who is the subject of the warrant must be promptly informed of the search.


The fourth amendment protects our right against unreasonable search. A federal court has defined warrantless searches as reasonable if:
"(1) a substantial government interest exists, (2) warrantless inspections are necessary to further the regulatory scheme, and (3) the statute authorizing the warrantless inspection serves as a constitutionally adequate substitute for a warrant."

This is not an unreasonable definition. However, from a procedural standpoint it is clearly insufficient. For ten years now the TSA has been making us less safe. They are extremely ineffective at finding actual threats, they become a threat by their invasive searches, and they cost us billions of dollars. Obviously the fourth amendment is insufficient to protect America from agencies like the TSA. We should require that any scheme for warrantless searches be approved by a court before implementation, and that such schemes be demonstrably effective.


2) In cases where unwarranted searches are reasonable and otherwise lawful, the means of such searches must be established as both necessary and effective in a court of law prior to such searches being performed. Cases may be brought before the court for the express purpose of establishing same for any proposed means of search.

The disposition and treatment of prisoners taken during the war on terror has been, quite simply, unamerican and evil. American agencies have kidnapped people outside our jurisdiction, or simply accepted the word of locals that some individual has done wrong. These agencies have handed prisoners to allies for torture, or tortured them directly. They've held prisoners without charge, and plan to do so indefinitely, in inhumane conditions. In many cases, we have no evidence that these people have participated in any wrongdoing. Worse, what evidence we have may not be admissible in court because it was obtained under torture.

We have to stop this. America must reclaim the moral high ground. There's no point in defending our way of life if we have to change our way of life to do it. Sometimes it's not enough to be protected. We need to live in a way that's worthy of protection. Sometimes being good means taking the risk of letting someone hurt you.

3) No person shall be held indefinitely without charge or trial, either within the United States or by any agency thereof. All persons held by the United States, regardless of geographic location, shall have swift access to the courts.


4) No agency of the United States shall release a prisoner of any sort into the custody of another country or non-state agency if there is reasonable expectation that the prisoner's human rights will be violated in the recipient's custody.