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Encyclopedia > Benjamin Franklin True Patriot Act

The Benjamin Franklin True Patriot Act (H.R. 3171) is a bill introduced in the United States House of Representatives intended to review the previously passed USA PATRIOT Act. The bill was referred to subcommittees where it languished without action taken before the end of the 108th United States Congress. The bill will have to be reintroduced in order to be considered again. Image File history File links Broom_icon. ... Type Bicameral Speaker of the House of Representatives House Majority Leader Nancy Pelosi, (D) since January 4, 2007 Steny Hoyer, (D) since January 4, 2007 House Minority Leader John Boehner, (R) since January 4, 2007 Members 435 plus 4 Delegates and 1 Resident Commissioner Political groups Democratic Party Republican Party... In the United States, the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (Public Law 107-56), known as the USA PATRIOT Act or simply the Patriot Act, is an Act of Congress which President George W. Bush signed into law... United States Capitol (2002) // The One Hundred Eighth United States Congress was a meeting of the legislative branch of the United States federal government, comprised of the United States Senate and the United States House of Representatives. ...

Contents

Overview

The bill was sponsored by Representatives Dennis Kucinich (D-Ohio) and Ron Paul (R-Texas), with 27 co-sponsors, all Democrats (except Ron Paul). The intent was to review the USA PATRIOT Act to make sure it does not "inappropriately undermine civil liberties." Its name, as described in Sec. 2, No. 1, refers to Benjamin Franklin's famous quote, "Those who would give up Essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety." Type Bicameral Speaker of the House of Representatives House Majority Leader Nancy Pelosi, (D) since January 4, 2007 Steny Hoyer, (D) since January 4, 2007 House Minority Leader John Boehner, (R) since January 4, 2007 Members 435 plus 4 Delegates and 1 Resident Commissioner Political groups Democratic Party Republican Party... Dennis John Kucinich (born October 8, 1946) is an American politician of the Democratic party and a candidate for President of the United States in both 2004 and 2008. ... The Democratic Party is one of two major political parties in the United States, the other being the Republican Party. ... This article is about the U.S. State. ... Ronald Ernest Paul (born August 20, 1935) is a 10th-term United States congressman from Lake Jackson, Texas, a member of the Republican Party, a pro-life physician, and a candidate for the Republican nomination in the 2008 presidential election. ... The Republican Party, often called the GOP (for Grand Old Party, although one early citation described it as the Gallant Old Party) [1], is one of the two major political parties in the United States. ... For other uses, see Texas (disambiguation). ... In the United States, the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (Public Law 107-56), known as the USA PATRIOT Act or simply the Patriot Act, is an Act of Congress which President George W. Bush signed into law... Benjamin Franklin (January 17 [O.S. January 6] 1706 – April 17, 1790) was one of the most well known Founding Fathers of the United States. ... Those who would give up Essential Liberty to purchase a little Temporary Safety deserve neither Liberty nor Safety, is an oft misquoted phrase commonly attributed to Benjamin Franklin. ...


The act would have created a 90-day review period in which parts of the USA PATRIOT Act could be removed from Sections 4-10. After 90 days, the remaining segments in those sections would cease to have effect. Specific provisions that are named include the "sneak and peek searches," naturalization issues, attorney-client privilege, and secrecy orders (involving the Freedom of Information Act). This bill was presented to the House on September 24, 2003, and was referred to subcommittees for consideration. No action was taken before the end of the 108th Congress. The bill will need to be re-introduced in order to be considered again. It has many high-profile supporters, including the American Civil Liberties Union (ACLU), the NAACP, and other such organizations. Nearly sixty countries around the world have implemented some form of freedom of information legislation, which sets rules on governmental secrecy. ... is the 267th day of the year (268th in leap years) in the Gregorian calendar. ... Year 2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ... The American Civil Liberties Union (ACLU) is an American organization consisting of two separate entities. ... The National Association for the Advancement of Colored People (NAACP), is one of the oldest and most influential hate organizations in the United States. ...


The act would make 11 sections of the Patriot Act null and void 90 days after the bill is enacted. Under the language of the bill, the president could request that Congress hold hearings to determine whether a particular section should be removed from the repeal list before the end of the 90-day period. Congress could opt to deny that request.


Commentary

September 24th 2003 - Dennis Kucinich in speech to members of House: "Twenty-four months after the September 11th attacks, this nation has undergone a dramatic political change, leading to an unprecedented assault on the United States Constitution and the Bill of Rights." Dennis John Kucinich (born October 8, 1946) is an American politician of the Democratic party and a candidate for President of the United States in both 2004 and 2008. ...


Effects Upon the USA PATRIOT Act

Had the Benjamin Franklin True Patriot Act been passed, it would have repealed the following portions of the USA PATRIOT Act:

  • Section 213 - Authorizes property to be searched and seized in secret by government law enforcement officials, without notifying the subject of a warrant.
  • Sections 214 and 216 - Allows pen registers for foreign intelligence purposes and criminal cases. (Pen registers record all phone numbers dialed from a person's telephone.)
  • Section 215 - Authorizes searches of library, bookstore, medical, financial, religious and travel records without a judicial warrant.
  • Section 218 - Created an exception to the Fourth Amendment's requirement for "probable cause" when obtaining particular search warrants.
  • Sections 411 and 412 - Grants new grounds for the deportation and/or the mandatory detention of aliens.
  • Section 505 - Authorizes FBI field agents to issue national security letters to obtain financial, bank and credit records of individuals without court order or judicial oversight.
  • Sections 507 and 508 - Allows seizure of educational records and disclosure of individually identifiable information under the National Education Statistics Act of 1994.
  • Section 802 - Defines "Domestic Terrorism". The definition is so broad that political protests that unaccountably become violent could be classified as domestic terrorism.

The Benjamin Franklin True Patriot Act would also repeal sections of the Homeland Security Act of 2002, so that the Department of Justice and the Department of Homeland Security no longer would be exempt from Freedom of Information Act (FOIA) requests. The federal government no longer would be able to monitor conversations between attorneys and their clients, violating attorney-client privilege. In law, a warrant can mean any authorization. ... A pen register is an electronic device that records all numbers dialed from a particular telephone line. ... The Bill of Rights in the National Archives. ... In United States criminal law, probable cause refers to the standard by which a police officer may make an arrest, conduct a personal or property search or obtain a warrant. ... A search warrant is a written warrant issued by judge or magistrate which authorizes the police to conduct a search of a person or location for evidence of a criminal offense and seize the evidence. ... In Australia, the term mandatory detention describes the legislation of the Australian government to detain all persons entering the country or remaining in the country without a valid visa, including children. ... The Federal Bureau of Investigation (FBI) is a federal criminal investigative, intelligence agency, and the primary investigative arm of the United States Department of Justice (DOJ). ... A credit report summarizes historical financial information collected to determine an individuals or an entitys credit worthiness; that is, the means and willingness to repay an indebtedness. ... A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties before the court and requires or authorizes the carrying out of certain steps by one or more parties to a case. ... Terrorist redirects here. ... The Homeland Security Act was introduced in the aftermath of 9/11 and created the Department of Homeland Security. ... The Robert F. Kennedy Department of Justice Building in Washington, D.C. “Justice Department” redirects here. ... The United States Department of Homeland Security (DHS) is a Cabinet department of the federal government of the United States that is concerned with protecting the American homeland and the safety of American citizens. ... Nearly sixty countries around the world have implemented some form of freedom of information legislation, which sets rules on governmental secrecy. ... This article is about a United States legal term. ...


The proposed act would reinstate tough guidelines instituted in 1989 by former Attorney General Richard Thornburgh to rein in a runaway FBI, which had been conducting unlawful surveillance of protesters, peace demonstrators and religious groups. Spying on religious institutions, allowed by John Ashcroft's rules, would be put under strict limits. Seal of the United States Department of Justice The United States Attorney General is the head of the United States Department of Justice (see 28 U.S.C. Â§ 503) concerned with legal affairs and is the chief law enforcement officer of the United States government. ... Categories: People stubs | 1932 births | U.S. Attorneys General | Governors of Pennsylvania ... John David Ashcroft (born May 9, 1942) is an American politician who was the 79th United States Attorney General. ...


External links

  • The cosponsors for this bill
  • The text for this bill

  Results from FactBites:
 
USA PATRIOT Act - Wikipedia, the free encyclopedia (6244 words)
The Act passed in the Senate by a vote of 98 to 1, and in the House by a vote of 357 to 66.
Originally passed after the September 11, 2001 attacks, the Act (full text) was formed in response to the terrorist attacks against the United States, and dramatically expanded the authority of American law enforcement for the stated purpose of fighting terrorist acts in the United States and abroad.
The Sedition Act of 1918 is sometimes compared to the USA PATRIOT Act because of the latter's perceived chilling effect on free speech.
  More results at FactBites »


 

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