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The Patriot Act: Analyzing Its Constitutional Nature

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Is the USA Patriot Act Constitutional?

The USA Patriot act was erected in response to the September 11th terrorist attack. Numerous factors have altered it since it’s creation. The act’s sole purpose is to provide the government with a upper-hand in catching dangerous criminals and ceasing their actions. Over the course of the years, there is much doubt whether the USA Patriot act is constitutional or unconstitutional. The act is constitutional as it promotes itself to preserve the safety of mankind.

The USA Patriot act is composed of several articles identifying its role. One of the articles, section 215, grants government the power to pursue a person’s records or ‘“tangible things”, to fulfil intelligence purposes. It simply expands the government’s authority to track down forms of injustice before the public is in danger. The government may monitor suspicious subjects for their investigations. For example, if they identified a terrorist but have not found their link to an organization, the government still has the right to surveillance the terrorist. In other words, investigators are given tools to prosecute criminals. These powers are constitutional as it follows the constitution; government has the right to search suspicious people. Additionally, part 2 of section 215 states, “An investigation conducted under this section shall (A) be conducted under guidelines approved by the Attorney General under Executive Order 12333,”. As the passage states, the F.B.I. must receive consent from the government, specifically the judge, before propelling themselves further into an investigation. Part 3 of section 215 talks about who authorizes requests for these records, and goes on to say, “The Deputy Director or the Executive Assistant Director may not further delegate such authority.” Only the director of the F.B.I. can initiate authority for records for intelligence matters. It is clear the act doesn’t violate any of the proclaimed laws of government. With the Patriot Act, America obtained a stronger sense of national security.

Although the Patriot Act has been passed twice, and no evidence proves it unconstitutional, there is still tension. Many argue that the Patriot Act is used as a cover for the government to abuse its powers. However, it’s nothing more than a tool utilized to create peace. Although the act expands the executive branch’s authority, it doesn’t promote actual abuse in the system of government. Check and balances keeps the government in order and in equilibrium. Opposing views also say the Patriot Act violates the people’s privacy. Among the laws in government, privacy is not a stated expectation. People do have a right to privacy but it is not unlimited. Additionally, when dangers such as terrorism exists in society, some privacy should be given up to ensure everyone’s safety. Furthermore, the Patriot Act is used to confront terrorists not ordinary domestic people. The act is a safeguard to the people.

As evidence suggests, the USA Patriot Act is constitutional. By allowing the government to access people’s records for investigation, danger to the public can be easily prevented. Safety can be ensured and data can be collected to assist the fight against international terrorism. It empowers the government to execute the right actions for the sake of the nation. Afterall, the first priority of the U.S. government is to maintain national security. Crimes have not ceased, neither shall we terminate our efforts to prevent crimes.The USA Patriot Act is constitutional as it restores order and safety to the society.

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The Patriot Act: Analyzing Its Constitutional Nature. (2018, December 11). GradesFixer. Retrieved July 7, 2022, from
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