The war on terror is a new type of war that is different from traditional wars because instead of being a war against a specific person or land it’s simply a fight against anybody who makes us feel afraid. This led to the line between war and peace being blurred and allowed for the government to make policies that violated human rights simply because they were afraid of people who were different from them (both racially, religiously). This is supported in P. Williams’ essay “This dangerous patriot’s game” where it states “This brings me to the second aspect of our Constitutional crisis – that is, the encroachment of our historical freedom from unreasonable searches and seizures.” This shows how this type of war led to the government breaking their own rules for people they felt were unsafe simply because they didn’t fit their descriptions of Americans.
The “Roving Wiretaps” of the Patriotic Act violates the Bill of Rights because it is violating the Fourth Amendment. The Fourth Amendment protects people from any unreasonable searches by forbidding searches without a warrant signed by a judge or probable cause. Roving wiretaps violate this because it is listening in on private conversations without consent of everyone involved. For example, in “The Patriot Act: Key Controversies” by Larry Abramson and Maria Godoy it states “ Critics say the language of the act could lead to privacy violations of anyone who comes into casual contact with a suspect.” This quote shows that the wiretapping wouldn’t just be capturing what the suspect is saying but could be invading anybody who comes into contact with the suspect’s privacy.
The “Sneak and Peak” Warrants under the Patriot Act violates the Bill of Rights because it is also violating the Fourth Amendment. The “Sneak and Peak” Warrant allowed a person’s house to be searched without their acknowledgment. For example, in “The Patriot Act: Key Controversies” by Larry Abramson and Maria Godoy it states “This section allows for “delayed notice” of search warrants, which means the FBI can search a home or business without immediately notifying the target of the investigation”. This shows how the Fourth Amendment is being violated because how would they be able to prove they had a warrant or any probable cause to do the search if there was nobody there as a witness other than themselves.