The Patriot Act would likely rank second in the most controversial action in the aftermath of the 9/11 attacks, after only the invasion of Iraq. Many have derided it as a violation of the U.S. Constitution, yet others, thinking in a framework reminiscent of utilitarianism, argue that this legislation was crucial to protecting America and her interests around the world. This study will examine the claim that the U.S. Patriot Act was an effective anti-terrorism measure.
Ever since the passage of the Patriot Act, a vast number of journalists and advocates have weighed in on both the positive and negative characteristics of the legislation. The reactions have ranged from calm and collected arguments to wildly emotional rants, yet they have all contributed to the existing base of knowledge on the topic. Building on these premises, several scholars have tried to present unbiased academic analyses of the situation, attempting to tally the benefits brought on by the Patriot Act, while quantifying the losses. These efforts have been seriously hindered by a lack of open-source information, and the generally massive scope of the research.
This research will not seek to understand individual cases of violations of rights, or terrorist attacks thwarted, but rather will take the totality of the potential downsides and the potential advantages and assess them under the framework of utilitarianism. Preliminary investigation indicates that such research will yield the conclusion that while the Patriot Act has resulted in numerous harmful events, the benefits vastly outweigh the disadvantages.
- “The Patriot Act Is a Vital Weapon in Fighting Terrorism – Room for Debate – NYTimes.com.” The New York Times. N.p., n.d. Web. 4 Oct. 2013.
- Doyle, Charles. “Terrorism: section by section analysis of the USA PATRIOT Act.” Congressional Research Service, the Library of Congress, 2001
- Mertus, Julie, and Kristin Rawls. “Crossing the Line: Insights from Foucault on the United States and Torture.” Discipline and Punishment in Global Politics(2008): 27-40.
- Mill, John Stuart. Utilitarianism, liberty & representative government. Wildside Press LLC, 2007.
- Nelson, Lisa. “Protecting the common good: Technology, objectivity, and privacy.” Public Administration Review 62.s1 (2002): 69-73.
- Whitehead, John W., and Steven H. Aden. “Forfeiting Enduring Freedom for Homeland Security: A Constitutional Analysis of the USA Patriot Act and the Justice Department’s Anti-Terrorism Initiatives.” Am. UL Rev. 51 (2001): 1081.