Today President Bush will again be arguing for the extension of the Patriot Act. Two Hamilton College professors, experts in constitutional law and corruption, express their concerns. (Contact information follows with biographical information):
Robert Martin, author of "The Free and Open Press: The Founding of American Democratic Press Liberty,"
In reviewing the act, Hamilton College government professor Robert Martin contends that, "What's missing is an appreciation of our history. Past restrictions of personal freedom and especially privacy in the face of national security threats should give us pause. From the Alien and Sedition Acts of 1798 to the internment of Japanese-Americans in WWII, we Americans have time and time again approved restrictions on our freedoms only to regret it years later."
Martin, who teaches a seminar at Hamilton College titled, "Civil Liberties in Wartime," adds, "History suggests that powers given will be powers used; just ask radicals hauled before McCarthy in the '50s or those spied on by the FBI in the '60s.
"The Patriot Act gives lots of new powers, via myriad 'small but significant changes.' Apply all these new surveillance tools with minimized or removed judicial oversight on a political radical--newly labeled a 'domestic terrorist'--and the FBI file on Martin Luther King, Jr. will look like a mere Post-It note.
"It's not that we don't need more debate about this serious public policy issue. But we must remain mindful of our troubling history of trading liberty for security."
Hamilton College government professor Robert Martin teaches political theory' and his interests include American political thought, democratic theory, constitutional law, issues of privacy and those related to the First Amendment. His current book, "The Free and Open Press: The Founding of American Democratic Press Liberty," was published by NYU Press. His work has appeared in "History of Political Thought" and "Political Research Quarterly."
Robert W.T. Martin
Assistant Professor of Government
Phone 315-859-4273
Email rmartin@hamilton.edu
_____________________________________________________________________
Frank Anechiarico, co-author of "The Pursuit of Absolute Integrity: How Corruption Control Makes Government"
"Expedited investigations under the Patriot Act--as they may apply to non-security investigations--should be clearly excluded in the Patriot Act's renewal," according to Hamilton College government professor Frank Anechiarico. "Several provisions, particularly those that permit more or less automatic 'sneak and peek' warrants, allow government investigators to collect evidence and arrest citizens for crimes unrelated to national security. Certainly in these instances, questions of whether Constitutional Fourth Amendment rights against "unreasonable searches and seizures" must be addressed, says Anechiarico' co-author of "Urban America: Politics and Policy."
"At the same time, parts of the Patriot Act are essential to American security. We need better intelligence and better coordination of the information we collect. Those parts of the Act that clearly enhance intelligence gathering and coordination must be renewed," he concludes.
Frank Anechiarico Maynard-Knox Professor of Government and Law, studies constitutional law, public administration and corruption. In addition to "Urban America: Politics and Policy," he wrote "Suing the Philadelphia Police: The Case for an Institutional Approach" and is the co-author of "The Pursuit of Absolute Integrity: How Corruption Control Makes Government." He is the contributing editor of "Corruption and Racketeering...The New York City Construction Industry," a report to the Governor from the New York State Organized Crime Task Force.
Anechiarico can be reached at 315-859-4342 or fanechia@hamilton.edu
