War on Terror

Legislation

On September 18, 2001, the U.S. Congress passed the Authorization for Use of Military Force Against Terrorists ([AUMF] Public Law 107–40). The AUMF allowed the president to use whatever means necessary to bring those responsible for terrorism to justice. This allowed the U.S. Armed Forces to actively engage in the War on Terror, which in this case meant declaring war on Iraq. However, the engagement against Iraq was not the only result of the president's declaration against the War on Terror; it has also led to additional legislation and court cases, and it has created much controversy.

One of the most notable pieces of legislation that emerged in the War on Terror is the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act) of 2001, which was passed by Congress just 45 days after the September 11 attacks, with very limited debate. Critics of the Patriot Act point to significant flaws in this legislation, including threats to fundamental freedoms resulting from government access to medical records, tax records, and library user records about the books bought or borrowed, without probable cause. They have also criticized the authorization of governmental searches of homes without notification that the search was carried out. However, two provisions of the Patriot Act that allowed such searches and intelligence gathering were subsequently struck down on the grounds that they violated the Fourth Amendment's prohibition against unreasonable searches and seizures.

The PATRIOT Act was reauthorized by two subsequent bills. The first, the Patriot and Terrorism Prevention Reauthorization Act of 2005, reauthorized provisions of the PATRIOT Act and the Intelligence Reform and Terrorism Prevention Act of 2004. It created new provisions dealing with the death penalty for terrorists, the enhancement of security at seaports, new measures to combat the financing of terrorism, new powers for the Secret Service, and a number of other miscellaneous provisions. The second reauthorization act amended the first and was passed in 2006. Patriot Act II expanded the reach of government agencies.

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