Domestic Surveillance and the Patriot Act

By Ron Paul

December 26, 2005

Recent revelations that the National Security Agency has conducted broad surveillance of American citizens' emails and phone calls raise serious questions about the proper role of government in a free society. This is an important and healthy debate, one that too often goes ignored by Congress.
Public concerns about the misnamed Patriot Act are having an impact, as the Senate last week refused to reauthorize the bill for several years. Instead Congress will be back in Washington next month to consider many of the Act's most harmful provisions.

Of course most governments, including our own, cannot resist the temptation to spy on their citizens when it suits government purposes. But America is supposed to be different. We have a mechanism called the Constitution that is supposed to place limits on the power of the federal government. Why does the Constitution have an enumerated powers clause, if the government can do things wildly beyond those powers-- such as establish a domestic spying program? Why have a 4th Amendment, if it does not prohibit government from eavesdropping on phone calls without telling anyone?

We're told that September 11 th changed everything, that new government powers like the Patriot Act are necessary to thwart terrorism. But these are not the most dangerous times in American history, despite the self-flattery of our politicians and media. This is a nation that expelled the British, saw the White House burned to the ground in 1814, fought two world wars, and faced down the Soviet Union. September 11th does not justify ignoring the Constitution by creating broad new federal police powers. The rule of law is worthless if we ignore it whenever crises occur.

The administration assures us that domestic surveillance is done to protect us. But the crucial point is this: Government assurances are not good enough in a free society. The overwhelming burden must always be placed on government to justify any new encroachment on our liberty. Now that the emotions of September 11th have cooled, the American people are less willing to blindly accept terrorism as an excuse for expanding federal surveillance powers. Conservatives who support the Bush administration should remember that powers we give government today will not go away when future administrations take office.

Some Senators last week complained that the Patriot Act is misunderstood. But it's not the American public's fault nobody knows exactly what the Patriot Act does. The Act contains over 500 pages of detailed legalese, the full text of which was neither read nor made available to Congress in a reasonable time before it was voted on- which by itself should have convinced members to vote against it. Many of the surveillance powers authorized in the Act are not clearly defined and have not yet been tested. When they are tested, court challenges are sure to follow. It is precisely because we cannot predict how the Patriot Act will be interpreted and used in future decades that we should question it today.

Will We Bring bin Laden to Justice?

by Ron Paul (September 11th 2002)

A year has passed since the terrible September 11th terror attacks, yet still we seem unable to locate Osama bin Laden or his al Qaida associates.

President Bush has made it clear that he intends to use "all appropriate means" to oust Saddam Hussein, although everyone concedes that Iraq had nothing to do with September 11th. So why is the same approach not justified for the al Qaida criminals directly responsible for 3000 American deaths?

We seem to have forgotten that our primary objective in the war on terror is to capture or kill bin Laden and his henchmen. One year ago, the desire for retribution against bin Laden was tangible. President Bush referred to finding him "dead or alive." And while the hunger for vengeance was understandable, the practical need to destroy al Qaida before it mounted another terror attack was urgent. Yet we have allowed the passage of time and the false specter of an Iraq threat to distract us from our original purpose. We’re preoccupied with an invasion of Iraq, which actually will benefit bin Laden by removing a secular regime led by his enemy Saddam Hussein. This vacuum may well lead to a more fundamentalist Kurd government in Iraq that aligns itself with al Qaida.

Our troops in Afghanistan, and defense secretary Rumsfeld himself, are becoming increasingly frustrated over the lack of progress in locating bin Laden. Clearly we need to provide President Bush with innovative new tools to bring these criminals to justice. The drafters of the Constitution provided just such a tool to retaliate against attacks on America by groups not formally affiliated with a government: letters of marque and reprisal. Letters of marque and reprisal are especially suited to our modern campaign against terrorism, which is fought against individuals rather than governments. Essentially, marque and reprisal authorizes the President to use private parties to find international terrorists wherever they hide.

Conventional armed forces are ill-suited to tracking down international terrorists. Our military invasion of Afghanistan undoubtedly has scattered al-Qaida throughout the Middle East and Europe. Marque and reprisal would create an incentive for individuals close to bin Laden to kill or capture him and his associates. This method in effect places a bounty on the heads of international terrorists, who often travel between countries, melt into civilian populations, or hide in remote areas. The goal is to avail ourselves of the knowledge and expertise of private parties, especially given the lack of western intelligence in many of the countries likely to harbor bin Laden. Marque and reprisal could turn the tables on the terrorists, forcing them to live as marked men. Terrorist should fear us, not the other way around.

Ultimately, letters of marque and reprisal could help us avoid a wider war by bringing terrorists to justice without the need for military action- saving American lives in the process. I recently wrote defense Secretary Rumsfeld, urging administration support for my legislation, the "Marque and Reprisal Act of 2001." Unless and until the administration puts the focus back on bin Laden and al-Qaida, the horrific crimes of September 11th will remain unpunished.