Taking a Closer Look at the Patriot Act
Have you read the USA PATRIOT Act right through, and examined every one of its amendments to existing legislation? Has anyone done this, apart from its authors and a few agitated souls in media, academia and some Congressional offices? It is 342 pages long, and went through the legislative process of the United States like a hot knife through butter. Senators voted 98 to 1 for the Act, and the House endorsed it by 357 to 56, but not one of those who approved its terms could possibly have had time to read it and cross-reference its details before endorsing it. This was governance by misplaced trust, because the Patriot Act is potentially the most dangerous piece of legislation in US history.
The Act alters 15 Statutes. The prerogatives, personal authority and dominance of the president of the United States have been extended to include drastic and quasi-imperial powers that threaten the liberties of all Americans.
One reason the Patriot Act is worrying for foreigners is that US military expansionism and economic domination are drastically affecting the entire world. What is decided in Washington today is immensely important for every other capital tomorrow. We are all dependent in one way or another on US policies. Therefore it is appropriate rather than impertinent that the rest of the world should comment on US domestic matters that inevitably impact on every person on the globe.
Another reason for concern is that there are alarming echoes of the 1930s, when a semi-elected and eventually-appointed national figure amassed such power as to be unaccountable to the people of his country, and went on to create mayhem and chaos to the extent that the entire world was shaken to its foundations.
You question or deride the notion that there could be parallels between Bush and Hitler? Very well. But please read the Act before you finally make up your mind.
The Patriot Act is hideously reminiscent of the "Decree for the Protection of Nation and State" that became law in Nazi Germany in February 1933. Its provisions were described by John Toland, in his masterly "Adolf Hitler", as ostensibly innocuous while in practice destroying every reasonable humanitarian right formerly possessed by the German people. There were "Tribunals set up to try enemies of the state", and Toland observed that Hitler made his legislation (the "Enabling Act") "sound moderate and promised to use its emergency powers "only in so far as they are essential for carrying out vitally necessary measures"." Does that sound horribly familiar? And who would decide whether a measure was "vitally necessary"? " Why, the man wielding total power, of course. ("Trust me!" is ever the cry of the incipient dictator.)
So Hitler"s Decree and the Reichstag"s subsequent Enabling Act were never modified or repealed, because they gave the man who was served by a compliant and intensely patriotic legislature the instruments he needed to keep him in total control. This is the reason for Bush"s energetic campaign to prevent the Patriot Act being subject to the existing "sunset clause" whereby most of its more despotic provisions should lapse next year. It was passed by a compliant and intensely patriotic legislature : will it be repealed by one?
It is far from irrelevant that Hitler was appointed Germany"s Chancellor, in legal accord with the Weimar Constitution, by President Hindenburg in 1933, just as Bush was appointed president of the United States by the Supreme Court in December 2000. Shortly after Hitler came to power the chamber housing the Parliament, the Reichstag, was set ablaze. Hitler thought this an excellent opportunity to consolidate his dominance. As Toland records, he declared : "Now we"ll show them. Anyone who stands in our way will be mown down". Nobody died in the Reichstag fire, but it was Hitler"s 9-11, and it spawned the Patriot Act of its era.
Hitler"s sweeping Decree provided that ". . . restrictions on personal liberty, on the right of free expression of opinion, including freedom of the press, on the right of assembly and the right of association, and violations of the privacy of postal, communications, and warrants for house-searchers, orders for confiscations as well as restrictions on property, are permissible beyond the legal limits otherwise prescribed."
The USA Patriot Act also restricts personal liberty "beyond the legal limits otherwise prescribed". Every provision of the 1933 Protection of Nation and State Decree, save that of speech and press freedom, is mirrored in the Patriot Act which permits investigators, without having to show "probable cause", to obtain a subpoena to search anyone"s personal details held by their library, bank, credit card and insurance companies " in fact by any organisation or institution that keeps records.
This is Orwell"s Big Brother at work " but the Act is relished by those who advocate more and more state supervision and investigation of the private lives of ordinary US citizens. The Ashcroft Act (as it should be named) is accepted and even welcomed by countless millions of Americans who are kept totally unaware of its terms.
The Senate and House approved colossal extension of state control without any debate of consequence on the dangers to ordinary people posed by this modern version of the "Decree for the Protection of Nation and State". Only a tiny number of citizens have the remotest notion of the Act"s contents, because it is the intention of state-control freaks to avoid explanation and to repeat endlessly the mantras that "The Patriot Act defends our liberty" ; "It's essential law" ; "It's a law that is making America safer . . . It doesn't make any sense to scale it back," all of which comforting slogans were uttered by Bush in the Chocolate Ballroom in Hershey, Pennsylvania, on April 20.
But if an American dares criticize the president in vehement terms, and that fact is recorded in the minutes of a private meeting, then the FBI can place such information on a citizen"s action file. The citizen will never know about this, because the FBI"s subpoena cannot be challenged in court " and the target, the victim, to put it bluntly, is legally kept in ignorance about its ever being served. How"s that for a slam dunk against civil liberties?
It is not only in the Patriot Act and the Decree for Protection of Nation and State that the regime of Hitler and the administration of Bush strike parallels. There is the business of God :
Have you read the USA PATRIOT Act right through, and examined every one of its amendments to existing legislation? Has anyone done this, apart from its authors and a few agitated souls in media, academia and some Congressional offices? It is 342 pages long, and went through the legislative process of the United States like a hot knife through butter. Senators voted 98 to 1 for the Act, and the House endorsed it by 357 to 56, but not one of those who approved its terms could possibly have had time to read it and cross-reference its details before endorsing it. This was governance by misplaced trust, because the Patriot Act is potentially the most dangerous piece of legislation in US history.
The Act alters 15 Statutes. The prerogatives, personal authority and dominance of the president of the United States have been extended to include drastic and quasi-imperial powers that threaten the liberties of all Americans.
One reason the Patriot Act is worrying for foreigners is that US military expansionism and economic domination are drastically affecting the entire world. What is decided in Washington today is immensely important for every other capital tomorrow. We are all dependent in one way or another on US policies. Therefore it is appropriate rather than impertinent that the rest of the world should comment on US domestic matters that inevitably impact on every person on the globe.
Another reason for concern is that there are alarming echoes of the 1930s, when a semi-elected and eventually-appointed national figure amassed such power as to be unaccountable to the people of his country, and went on to create mayhem and chaos to the extent that the entire world was shaken to its foundations.
You question or deride the notion that there could be parallels between Bush and Hitler? Very well. But please read the Act before you finally make up your mind.
The Patriot Act is hideously reminiscent of the "Decree for the Protection of Nation and State" that became law in Nazi Germany in February 1933. Its provisions were described by John Toland, in his masterly "Adolf Hitler", as ostensibly innocuous while in practice destroying every reasonable humanitarian right formerly possessed by the German people. There were "Tribunals set up to try enemies of the state", and Toland observed that Hitler made his legislation (the "Enabling Act") "sound moderate and promised to use its emergency powers "only in so far as they are essential for carrying out vitally necessary measures"." Does that sound horribly familiar? And who would decide whether a measure was "vitally necessary"? " Why, the man wielding total power, of course. ("Trust me!" is ever the cry of the incipient dictator.)
So Hitler"s Decree and the Reichstag"s subsequent Enabling Act were never modified or repealed, because they gave the man who was served by a compliant and intensely patriotic legislature the instruments he needed to keep him in total control. This is the reason for Bush"s energetic campaign to prevent the Patriot Act being subject to the existing "sunset clause" whereby most of its more despotic provisions should lapse next year. It was passed by a compliant and intensely patriotic legislature : will it be repealed by one?
It is far from irrelevant that Hitler was appointed Germany"s Chancellor, in legal accord with the Weimar Constitution, by President Hindenburg in 1933, just as Bush was appointed president of the United States by the Supreme Court in December 2000. Shortly after Hitler came to power the chamber housing the Parliament, the Reichstag, was set ablaze. Hitler thought this an excellent opportunity to consolidate his dominance. As Toland records, he declared : "Now we"ll show them. Anyone who stands in our way will be mown down". Nobody died in the Reichstag fire, but it was Hitler"s 9-11, and it spawned the Patriot Act of its era.
Hitler"s sweeping Decree provided that ". . . restrictions on personal liberty, on the right of free expression of opinion, including freedom of the press, on the right of assembly and the right of association, and violations of the privacy of postal, communications, and warrants for house-searchers, orders for confiscations as well as restrictions on property, are permissible beyond the legal limits otherwise prescribed."
The USA Patriot Act also restricts personal liberty "beyond the legal limits otherwise prescribed". Every provision of the 1933 Protection of Nation and State Decree, save that of speech and press freedom, is mirrored in the Patriot Act which permits investigators, without having to show "probable cause", to obtain a subpoena to search anyone"s personal details held by their library, bank, credit card and insurance companies " in fact by any organisation or institution that keeps records.
This is Orwell"s Big Brother at work " but the Act is relished by those who advocate more and more state supervision and investigation of the private lives of ordinary US citizens. The Ashcroft Act (as it should be named) is accepted and even welcomed by countless millions of Americans who are kept totally unaware of its terms.
The Senate and House approved colossal extension of state control without any debate of consequence on the dangers to ordinary people posed by this modern version of the "Decree for the Protection of Nation and State". Only a tiny number of citizens have the remotest notion of the Act"s contents, because it is the intention of state-control freaks to avoid explanation and to repeat endlessly the mantras that "The Patriot Act defends our liberty" ; "It's essential law" ; "It's a law that is making America safer . . . It doesn't make any sense to scale it back," all of which comforting slogans were uttered by Bush in the Chocolate Ballroom in Hershey, Pennsylvania, on April 20.
But if an American dares criticize the president in vehement terms, and that fact is recorded in the minutes of a private meeting, then the FBI can place such information on a citizen"s action file. The citizen will never know about this, because the FBI"s subpoena cannot be challenged in court " and the target, the victim, to put it bluntly, is legally kept in ignorance about its ever being served. How"s that for a slam dunk against civil liberties?
It is not only in the Patriot Act and the Decree for Protection of Nation and State that the regime of Hitler and the administration of Bush strike parallels. There is the business of God :