The Orwellian Patriot Act

What does the Patriot Act Allow? Is it a reasonable law enforcement tool ? Or is it one step closer to a Totalitarian Police State? By invalidating the constitution the Union is effectively dissolved, replaced gradually from 1950 -2001 with the Military Correctional Corp of Central North America, or the Oceana of  George Orwell's1984. Initially this page was supposed to be a study of arguments pro and con,  but as I composed the material I slowly realized this was the most sinister peace of governance every contemplated in the History of Capitalist Representative Governments. Here is an extended page of instance of use and abuse of the Patriot Act and State secrets laws generally.

May 27, 2011: Senate bill S-990: "Small Business Additional Temporary Extension Act of 2011"
(The Patriot Act Re-authorization)

Arguments and articles concerned with infringement of constitutional liberties:

Roll Call: U.S. House Passes Patriot Act Extension With No Reforms! 

posted 26th May 2011 in LegislationLiberty by jclifford

Yes, it’s confusing. They call the bill the “Small Business Additional Temporary Extension Act of 2011, S. 990, but it’s really the bill to extend the Patriot Act without any reforms, without any chance of amendment.

Harry Reid introduced his bill to continue the extreme surveillance regime of the Patriot Act without any reforms just a few days ago. The bill didn’t go through committee. Reid didn’t give any U.S. senators time to offer amendments, circumventing the processes of representative democracy by slapping the Patriot Act onto the small business legislation and moving it to the floor of the Senate, lickety split.

Senator Reid and his fellow fans of the Patriot Act unconstitutional spy powers had months to pass their bill. There was no real rush. They waited until the last minute specifically in order to avoid amendments that could have brought back some small amount of constitutional protections for Americans.

Tonight, the U.S. House of Representatives voted to approve this Frankenstein version of the Patriot Act. Here’s a list of how the U.S. Representatives voted – Search this roll call for the name of your member of Congress:

Excerpted from:

Four More Years of Unchecked Spying, Surveillance and Secrecy

Last night, Congress passed and the president signed a four-year extension of three expiring provisions of the Patriot Act. You may recall that the original expiration was scheduled for December 31, 2009 — and what did Congress do after 18 months of short term extensions, sporadic hearings and a markup or two? Nothing. The Patriot Act was reauthorized as-is without a single additional privacy protection. After a rollercoaster week of Patriot Act consideration there were some definite winners and losers:


  • Sen. Ron Wyden (D-Ore.). Sen. Wyden is a member of the Senate Select Intelligence Committee and has been ringing the bill on the Patriot Act for quite a while. In particular, he’s been warning us that despite the law being unconstitutional and permissive on its face, the Administration relies on secret legal interpretations that let them go even farther. As he said on the floor: “I want to deliver a warning this afternoon: When the American people find out how their government has secretly interpreted the Patriot Act, they will be stunned and they will be angry.” Although Congress did not vote on his amendment regarding secret law, he got committee chairman Sen. Dianne Feinstein (D-Calif.) to agree to turn the Intelligence Committee’s attention to this point.
  • Sen. Mark Udall (D-Colo). Sen. Udall has been on the Intelligence Committee for all of five months and has already fought harder for privacy than some members have done in the decades they have lounged there. He introduced an amendment to fix section 215 of the Patriot Act — the so-called library provision—and gave Sen. Wyden an assist on the secret law issue. He’s a rising leader in the civil liberties area — keep an eye on him.
  • Sen. Rand Paul (R-Ky.). When Congress gave itself a short-term extension to discuss amendments and strategy three months ago, Sen. Paul was very clear: if he didn’t get to offer amendments next time around, he’d procedurally draw out the Patriot Act process as long as he possibly could. And he did. And he got to offer the only two amendments considered on the Senate floor. Both failed, but without his leadership there probably wouldn’t have been a record 23 ‘no’ votes on final passage, including four republicans.


  • The entire House of Representatives. The House spent roughly 30 minutes debating the Patriot Act this time around. Seriously? I guess with the Memorial Day weekend approaching they had to get home to eat some barbecue and kiss some babies.
  • Senate Leadership — both parties. They had three months notice of this expiration, yet waited until the week of the sunset to get down to business, and at the end of the day, did not get it together and permit votes on some very important amendments. For example, Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) had a very moderate, bipartisan, bicameral reform proposal that would insert rudimentary oversight and accountability provisions into the Patriot Act. It didn’t even get a vote.

Patriot will be back in four years. In the meantime, keep your eye on cybersecurity. There are proposals out there that would permit information grabs that make the Patriot Act look quaint. Also get prepared for a fight over the FISA Amendments Act, which will sunset next year. See you then!

Votes by Senator

Sen. Daniel Akaka [D, HI] Nay
Sen. Lamar Alexander [R, TN] Aye
Sen. Kelly Ayotte [R, NH] Aye
Sen. John Barrasso [R, WY] Aye
Sen. Max Baucus [D, MT] Nay
Sen. Mark Begich [D, AK] Nay
Sen. Michael Bennet [D, CO] Aye
Sen. Jeff Bingaman [D, NM] Nay
Sen. Richard Blumenthal [D, CT] Abstain
Sen. Roy Blunt [R, MO] Aye
Sen. John Boozman [R, AR] Aye
Sen. Barbara Boxer [D, CA] Aye
Sen. Sherrod Brown [D, OH] Nay
Sen. Scott Brown [R, MA] Aye
Sen. Richard Burr [R, NC] Aye
Sen. Maria Cantwell [D, WA] Nay
Sen. Benjamin Cardin [D, MD] Aye
Sen. Thomas Carper [D, DE] Aye
Sen. Robert Casey [D, PA] Aye
Sen. Saxby Chambliss [R, GA] Aye
Sen. Daniel Coats [R, IN] Aye
Sen. Thomas Coburn [R, OK] Aye
Sen. Thad Cochran [R, MS] Aye
Sen. Susan Collins [R, ME] Aye
Sen. Kent Conrad [D, ND] Aye
Sen. Chris Coons [D, DE] Nay
Sen. Bob Corker [R, TN] Aye
Sen. John Cornyn [R, TX] Aye
Sen. Michael Crapo [R, ID] Aye
Sen. Jim DeMint [R, SC] Aye
Sen. Richard Durbin [D, IL] Nay
Sen. Michael Enzi [R, WY] Aye
Sen. Dianne Feinstein [D, CA] Aye
Sen. Al Franken [D, MN] Nay
Sen. Kirsten Gillibrand [D, NY] Aye
Sen. Lindsey Graham [R, SC] Aye
Sen. Charles Grassley [R, IA] Aye
Sen. Kay Hagan [D, NC] Aye
Sen. Thomas Harkin [D, IA] Nay
Sen. Orrin Hatch [R, UT] Aye
Sen. Dean Heller [R, NV] Nay
Sen. John Hoeven [R, ND] Aye
Sen. Kay Hutchison [R, TX] Aye
Sen. James Inhofe [R, OK] Aye
Sen. Daniel Inouye [D, HI] Aye
Sen. John Isakson [R, GA] Aye
Sen. Mike Johanns [R, NE] Aye
Sen. Ron Johnson [R, WI] Aye
Sen. Tim Johnson [D, SD] Aye
Sen. John Kerry [D, MA] Aye
Sen. Mark Kirk [R, IL] Aye
Sen. Amy Klobuchar [D, MN] Aye
Sen. Herbert Kohl [D, WI] Aye
Sen. Jon Kyl [R, AZ] Aye
Sen. Mary Landrieu [D, LA] Aye
Sen. Frank Lautenberg [D, NJ] Nay
Sen. Patrick Leahy [D, VT] Nay
Sen. Mike Lee [R, UT] Nay
Sen. Carl Levin [D, MI] Aye
Sen. Joseph Lieberman [I, CT] Aye
Sen. Richard Lugar [R, IN] Aye
Sen. Joe Manchin [D, WV] Aye
Sen. John McCain [R, AZ] Aye
Sen. Claire McCaskill [D, MO] Aye
Sen. Mitch McConnell [R, KY] Aye
Sen. Robert Menéndez [D, NJ] Abstain
Sen. Jeff Merkley [D, OR] Nay
Sen. Barbara Mikulski [D, MD] Aye
Sen. Jerry Moran [R, KS] Aye
Sen. Lisa Murkowski [R, AK] Nay
Sen. Patty Murray [D, WA] Nay
Sen. Ben Nelson [D, NE] Aye
Sen. Bill Nelson [D, FL] Aye
Sen. Rand Paul [R, KY] Nay
Sen. Robert Portman [R, OH] Aye
Sen. Mark Pryor [D, AR] Aye
Sen. John Reed [D, RI] Aye
Sen. Harry Reid [D, NV] Aye
Sen. James Risch [R, ID] Aye
Sen. Pat Roberts [R, KS] Abstain
Sen. John Rockefeller [D, WV] Aye
Sen. Marco Rubio [R, FL] Abstain
Sen. Bernard Sanders [I, VT] Nay
Sen. Charles Schumer [D, NY] Abstain
Sen. Jefferson Sessions [R, AL] Aye
Sen. Jeanne Shaheen [D, NH] Aye
Sen. Richard Shelby [R, AL] Aye
Sen. Olympia Snowe [R, ME] Aye
Sen. Debbie Ann Stabenow [D, MI] Aye
Sen. Jon Tester [D, MT] Nay
Sen. John Thune [R, SD] Aye
Sen. Patrick Toomey [R, PA] Aye
Sen. Mark Udall [D, CO] Nay
Sen. Tom Udall [D, NM] Nay
Sen. David Vitter [R, LA] Aye
Sen. Mark Warner [D, VA] Aye
Sen. Jim Webb [D, VA] Aye
Sen. Sheldon Whitehouse [D, RI] Aye
Sen. Roger Wicker [R, MS] Aye
Sen. Ron Wyden [D, OR] Nay

* - Voters marked "No Data" are voters that THOMAS has not associated yet.

** Because of incomplete data, party breakdown visualizations may be inaccurate by one or two votes.

Vote Result

Votes by Party

Civil disobedience and the Patriot Act: The most terrifying lens to view the Patriot Act through is as a protestor trying to ensure you do not violate it. Because if you do, your family could be on the street, your citizenship revoked, and if you own any property, it could be taken from you.

Tea Party Caucus Voting breakdown on Patriot Act reauthorization:

How did Tea Party Members of the U.S. House vote on reauthorization of the Patriot Act on May 26 2011?  120 Tea Partiers Voted for it.  Only 18 Tea Partiers Voted against it.

Actual Provisions Of The Patriot Act Summarized:

Main Provisions of the Patriot Act

The Patriot Act's full title is Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001. It's split into 10 parts, and it covers a lot of ground. Here is a summary.

Title I - This section pertains to the protection of civil liberties. It authorizes federal money to accomplish much of the act's provisions and authorizes the Secret Service to create a nationwide electronic crime task force. This section also gives the president the authority to confiscate the property of any foreign person who is believed to have aided in a war or attack on the United States. Such seizures can be submitted secretly to courts as evidence.

Title II - This section broadens the ability of law-enforcement agencies to conduct surveillance on "agents of foreign powers." It allows the interception of communications if they're related to terrorist activities and allows law-enforcement agencies to share information related to terrorist activities with federal authorities. In addition, Title II authorizes roving surveillance -- that is, a court order allowing surveillance on a particular person allows officers to use any means available to intercept that person's communications, regardless of where the person goes. Previously, a court order would only allow a wiretap on a specific line in one location. Further, it allows the government to order files from the providers of communications services with details about specific customers' use of the service. For example, an Internet service provider can be ordered to provide information on IP addresses, login times and sites visited. Title II also allows delayed notification of search warrants, meaning a suspect's house could be searched while the suspect isn't present, and the suspect would not be notified of the search until after it was carried out. The wide-ranging Title II included many other relatively minor clauses. Title II also contained the sunset clause that would have caused many of the act's provisions to expire in 2005 had they not been renewed. We'll discuss more on the sunset clause later.

Titles III-X of the Patriot Act

Title III - This section of the Patriot Act is aimed at cutting off the financial support of terrorist groups. It has provisions requiring banks to take steps to prevent money laundering, allows law-enforcement agencies to gather information from banks and creates longer prison terms for money laundering and smuggling.

Title IV - This section has provisions intended to strengthen border security. It authorizes increased funding forborder patrols, customs officials and immigration officials. Foreigners with ties to terrorist organizations are banned from entering the United States, and the monitoring of foreign students is expanded by Title IV.

Title V - The most important part of Title V is the use of National Security Letters (NSL). An NSL is a demand for the release of information and paperwork related to a person under investigation. The Patriot Act makes NSLs much stronger, allows them to be used against U.S. citizens and contains a gag order preventing the target of the NSL from ever knowing about it or telling anyone else about it. There is no judicial review or need for probable cause when an NSL is requested and issued.

org chart
Photo courtesy of the FBI
Organization Chart of the FBI National Security Service
Title VI - This section contains provisions for providing financial compensation to victims of terrorism and their families.

Title VII - Authorization and budgeting for increased sharing of information between law-enforcement agencies and jurisdictions are contained in this section.

Title VIII - This portion of the Patriot Act adds several crimes to the list of things considered acts of terrorism, including attacking a mass transit system, using a biological weapon, supporting terrorism and computerhacking. The penalties for terrorist crimes are also increased.

Title IX - This section creates a method for the sharing of national intelligence information between governmentagencies.

Title X - The final section of the Patriot Act contains a number of relatively minor, miscellaneous provisions.

California Representatives who voted against Patriot Act Reauthorization:  
Rep. Karen Bass [D, CA-33]
Rep. Lois Capps [D, CA-23]
Rep. Judy Chu [D, CA-32]
Rep. Anna Eshoo [D, CA-14]
Rep. Sam Farr [D, CA-17]
Rep. John Garamendi [D, CA-10]
Rep. Michael Honda [D, CA-15]
Rep. Barbara Lee [D, CA-9]
Rep. Zoe Lofgren [D, CA-16]
Rep. Doris Matsui [D, CA-5]
Rep. Jerry McNerney [D, CA-11]
Rep. Grace Napolitano [D, CA-38]
Rep. Nancy Pelosi [D, CA-8]
Rep. Laura Richardson [D, CA-37]
Rep. Lucille Roybal-Allard [D, CA-34]
Rep. Linda Sánchez [D, CA-39]
Rep. Brad Sherman [D, CA-27]
Rep. Jackie Speier [D, CA-12]
Rep. Fortney Stark [D, CA-13]
Rep. Michael Thompson [D, CA-1]
Rep. Maxine Waters [D, CA-35]
Rep. Henry Waxman [D, CA-30]
Rep. Lynn Woolsey [D, CA-6]
Rep. John Campbell [R, CA-48]
Rep. Tom McClintock [R, CA-4]
Rep. Dana Rohrabacher [R, CA-46]
California Representatives Who voted for Patriot Act:
Senators Boxer D and Feinstein D both support the Patriot Act Reauthorization.
Rep. Joe Baca [D, CA-43] Abstain
Rep. Xavier Becerra [D, CA-31] Abstain
Rep. Howard Berman [D, CA-28] Abstain
Rep. Mary Bono Mack [R, CA-45] Abstain
Rep. Bob Filner [D, CA-51] Abstain
Rep. Howard McKeon [R, CA-25] Abstain
Rep. George Miller [D, CA-7] Abstain
Rep. Loretta Sanchez [D, CA-47] Abstain
Rep. Brian Bilbray [R, CA-50] Aye
Rep. Ken Calvert [R, CA-44] Aye
Rep. Dennis Cardoza [D, CA-18] Aye
Rep. Jim Costa [D, CA-20] Aye
Rep. Susan Davis [D, CA-53] Aye
Rep. Jeff Denham [R, CA-19] Aye
Rep. David Dreier [R, CA-26] Aye
Rep. Elton Gallegly [R, CA-24] Aye
Rep. Walter Herger [R, CA-2] Aye
Rep. Duncan Hunter [R, CA-52] Aye
Rep. Darrell Issa [R, CA-49] Aye
Rep. Jerry Lewis [R, CA-41] Aye
Rep. Daniel Lungren [R, CA-3] Aye
Rep. Kevin McCarthy [R, CA-22] Aye
Rep. Gary Miller [R, CA-42] Aye
Rep. Devin Nunes [R, CA-21] Aye
Rep. Edward Royce [R, CA-40] Aye
Rep. Adam Schiff [D, CA-29] Aye

Ron Paul "The Last Nail" Seals our fate American Democracy

Patriot Act Series:

Prolonged Detention and Enhanced Interogation of American Citizens

2009 Prolonged Detention


Senators who voted against the Patriot Act Reauthorization: 

NAYs ---21
Akaka (D-HI)
Baucus (D-MT)
Begich (D-AK)
Bingaman (D-NM)
Brown (D-OH)
Cantwell D-WA
Coons (D-DE)
Durbin (D-IL)
Harkin (D-IA)
Franken (D-MN)
Heller R-NV
Lautenberg (D-NJ)
Lee (R-UT)
Merkley (D-OR)
Murray (D-WA)
Murkoswki R-AK
Paul (R-KY)
Sanders (I-VT)
Tester (D-MT)
Udall (D-NM)
Udall D-CO

House Members who voted Nay: (278-Yea)

Rep. Gary Ackerman [D, NY-5]
Rep. Justin Amash [R, MI-3]
Rep. Tammy Baldwin [D, WI-2]
Rep. Roscoe Bartlett [R, MD-6]
Rep. Karen Bass [D, CA-33]
Rep. Rob Bishop [R, UT-1]
Rep. Earl Blumenauer [D, OR-3]
Rep. Robert Brady [D, PA-1]
Rep. Bruce Braley [D, IA-1]
Rep. Paul Broun [R, GA-10]
Rep. John Campbell [R, CA-48]
Rep. Lois Capps [D, CA-23]
Rep. Michael Capuano [D, MA-8]
Rep. Russ Carnahan [D, MO-3]
Rep. André Carson [D, IN-7]
Rep. Jason Chaffetz [R, UT-3]
Rep. Judy Chu [D, CA-32]
Rep. David Cicilline [D, RI-1]
Rep. Yvette Clarke [D, NY-11]
Rep. Hansen Clarke [D, MI-13]
Rep. William Clay [D, MO-1]
Rep. Emanuel Cleaver [D, MO-5]
Rep. James Clyburn [D, SC-6]
Rep. Steve Cohen [D, TN-9]
Rep. Gerald Connolly [D, VA-11]
Rep. Jerry Costello [D, IL-12]
Rep. Joe Courtney [D, CT-2]
Rep. Joseph Crowley [D, NY-7]
Rep. Elijah Cummings [D, MD-7]
Rep. Danny Davis [D, IL-7]
Rep. Peter DeFazio [D, OR-4]
Rep. Diana DeGette [D, CO-1]
Rep. Rosa DeLauro [D, CT-3]
Rep. Lloyd Doggett [D, TX-25]
Rep. Michael Doyle [D, PA-14]
Rep. John Duncan [R, TN-2]
Rep. Jeff Duncan [R, SC-3]
Rep. Donna Edwards [D, MD-4]
Rep. Keith Ellison [D, MN-5]
Rep. Eliot Engel [D, NY-17]
Rep. Anna Eshoo [D, CA-14]
Rep. Sam Farr [D, CA-17]
Rep. Chaka Fattah [D, PA-2]
Rep. Michael Fitzpatrick [R, PA-8]
Rep. Barney Frank [D, MA-4]
Rep. Marcia Fudge [D, OH-11]
Rep. John Garamendi [D, CA-10]
Rep. Chris Gibson [R, NY-20]
Rep. Charles Gonzalez [D, TX-20]
Rep. Tom Graves [R, GA-9]
Rep. Al Green [D, TX-9]
Rep. Morgan Griffith [R, VA-9]
Rep. Raul Grijalva [D, AZ-7]
Rep. Luis Gutiérrez [D, IL-4]
Rep. Colleen Hanabusa [D, HI-1]
Rep. Richard Hanna [R, NY-24]
Rep. Andy Harris [R, MD-1]
Rep. Alcee Hastings [D, FL-23]
Rep. Martin Heinrich [D, NM-1]
Rep. Jaime Herrera Beutler [R, WA-3]
Rep. James Himes [D, CT-4]
Rep. Maurice Hinchey [D, NY-22]
Rep. Mazie Hirono [D, HI-2]
Rep. Rush Holt [D, NJ-12]
Rep. Michael Honda [D, CA-15]
Rep. Jay Inslee [D, WA-1]
Rep. Sheila Jackson-Lee [D, TX-18]
Rep. Timothy Johnson [R, IL-15]
Rep. Henry Johnson [D, GA-4]
Rep. Walter Jones [R, NC-3]
Rep. Marcy Kaptur [D, OH-9]
Rep. Dale Kildee [D, MI-5]
Rep. Dennis Kucinich [D, OH-10]
Rep. Raúl Labrador [R, ID-1]
Rep. Rick Larsen [D, WA-2]
Rep. John Larson [D, CT-1]
Rep. Barbara Lee [D, CA-9]
Rep. John Lewis [D, GA-5]
Rep. David Loebsack [D, IA-2]
Rep. Zoe Lofgren [D, CA-16]
Rep. Ben Luján [D, NM-3]
Rep. Stephen Lynch [D, MA-9]
Rep. Connie Mack [R, FL-14]
Rep. Carolyn Maloney [D, NY-14]
Rep. Donald Manzullo [R, IL-16]
Rep. Edward Markey [D, MA-7]
Rep. Doris Matsui [D, CA-5]
Rep. Tom McClintock [R, CA-4]
Rep. Betty McCollum [D, MN-4]
Rep. James McDermott [D, WA-7]
Rep. James McGovern [D, MA-3]
Rep. Jerry McNerney [D, CA-11]
Rep. Gregory Meeks [D, NY-6]
Rep. Michael Michaud [D, ME-2]
Rep. Gwen Moore [D, WI-4]
Rep. James Moran [D, VA-8]
Rep. Christopher Murphy [D, CT-5]
Rep. Jerrold Nadler [D, NY-8]
Rep. Grace Napolitano [D, CA-38]
Rep. Richard Neal [D, MA-2]
Rep. Frank Pallone [D, NJ-6]
Rep. Edward Pastor [D, AZ-4]
Rep. Ronald Paul [R, TX-14]
Rep. Donald Payne [D, NJ-10]
Rep. Nancy Pelosi [D, CA-8]
Rep. Ed Perlmutter [D, CO-7]
Rep. Chellie Pingree [D, ME-1]
Rep. Jared Polis [D, CO-2]
Rep. Bill Posey [R, FL-15]
Rep. David Price [D, NC-4]
Rep. Charles Rangel [D, NY-15]
Rep. Dennis Rehberg [R, MT-0]
Rep. Laura Richardson [D, CA-37]
Rep. Cedric Richmond [D, LA-2]
Rep. Phil Roe [R, TN-1]
Rep. Dana Rohrabacher [R, CA-46]
Rep. Todd Rokita [R, IN-4]
Rep. Lucille Roybal-Allard [D, CA-34]
Rep. Bobby Rush [D, IL-1]
Rep. Timothy Ryan [D, OH-17]
Rep. Linda Sánchez [D, CA-39]
Rep. John Sarbanes [D, MD-3]
Rep. Janice Schakowsky [D, IL-9]
Rep. Kurt Schrader [D, OR-5]
Rep. Robert Scott [D, VA-3]
Rep. José Serrano [D, NY-16]
Rep. Brad Sherman [D, CA-27]
Rep. Louise Slaughter [D, NY-28]
Rep. Jackie Speier [D, CA-12]
Rep. Fortney Stark [D, CA-13]
Rep. Betty Sutton [D, OH-13]
Rep. Michael Thompson [D, CA-1]
Rep. Bennie Thompson [D, MS-2]
Rep. John Tierney [D, MA-6]
Rep. Scott Tipton [R, CO-3]
Rep. Paul Tonko [D, NY-21]
Rep. Edolphus Towns [D, NY-10]
Rep. Christopher Van Hollen [D, MD-8]
Rep. Nydia Velázquez [D, NY-12]
Rep. Peter Visclosky [D, IN-1]
Rep. Timothy Walz [D, MN-1]
Rep. Maxine Waters [D, CA-35]
Rep. Melvin Watt [D, NC-12]
Rep. Henry Waxman [D, CA-30]
Rep. Anthony Weiner [D, NY-9]
Rep. Peter Welch [D, VT-0]
Rep. Allen West [R, FL-22]
Rep. Frederica Wilson [D, FL-17]
Rep. Rob Woodall [R, GA-7]
Rep. Lynn Woolsey [D, CA-6]
Rep. David Wu [D, OR-1]
Rep. John Yarmuth [D, KY-3]
Rep. Donald Young [R, AK-0]