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To: Beelzebubba; Joe Brower
(From your linked article at The Federalist.)

Areas of Popular Concern

A. Domestic Terrorism Defined

In principle, objections to the expansion of federal authority under the Patriot Act are not without merit. Indeed, as James Madison told Virginia's ratifying convention during its consideration of the present U.S. Constitution, "There are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power than by violent and sudden usurpations."

The greatest potential problem posed by the Patriot Act is also the most obvious: How does the Patriot Act define terrorism, and who is the arbiter of this judgment? It is almost universally agreed that the federal government must take responsibility for preventing and prosecuting acts of domestic terrorism, but the definition of "domestic terrorism" is the key. If defined too broadly, domestic terrorism could encompass crimes previously prosecuted under the protection of the civil rights guaranteed to any citizen. If what was formerly a criminal prosecution is now defined as terrorism, the civil rights of a citizen, as discussed above, are subject to curtailment.

On the other hand, if domestic terrorism is defined too narrowly, terrorist operatives could potentially slip through loopholes where their activities could only be investigated under the restraints of a criminal procedures code. Out of concern for civil rights, a terrorist act far deadlier than those of September 11, 2001 could occur if the Patriot Act misses the mark in its definition of domestic terrorism.

Section 802 of the Patriot Act, "Definition of Domestic Terrorism," reads:

"[T]he term `domestic terrorism' means activities that--

(A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State;

(B) appear to be intended-- (i) to intimidate or coerce a civilian population; ... (ii) to influence the policy of a government by intimidation or coercion; or ... (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and

(C) occur primarily within the territorial jurisdiction of the United States."


11 posted on 12/09/2003 11:23:13 AM PST by Travis McGee (----- www.EnemiesForeignAndDomestic.com -----)
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To: Travis McGee
"[T]he term `domestic terrorism' means activities that--

(A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State;

Ahhhhh, ahhhhhhhhhhhhh, helllllp, I see people speeding in cars while putting on makeup every day. I'm surrounded by terrorists. Womin' ones at that! Heeeeelp! Save me John Aschcroft for I am a man with no penis. Protect me from dangerous to life, criminal law violating women terrorists.

*resume hysteria*

12 posted on 12/09/2003 11:32:23 AM PST by Jim Cane
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