The invasion of our privacy by the federal government was dramatically advanced by passage of the PATRIOT Act in 2001, responsive to the terrorist attacks on 9/11. The PATRIOT Act purports to empower the federal government to invade our privacy and violate our Constitutionally protected freedoms. The act can’t truly be legitimately lawful, because its provisions are in direct conflict with the plain language of the Constitution, the supreme law of the land. Nevertheless, it is being implemented and enforced, by hidden and armed government actors, and is being upheld by the courts. It is also clear congresses and presidents have acted to institutionalize these invasions of our privacy and limitations on our freedom, and they will never be persuaded to change course. Consequently, it may very well be true the only way to restrain the power of the federal government now being applied against the People of the United States is to get elected to congress ourselves and repeal the law that permits it. It is appalling that congress ever passed such a blatant and unconstitutional power grab, and even more appalling that it has been permitted, by we citizens, to operate as long as it has. This power grab was initially made possible by the events of 9/11, because you can get legislation passed during a crisis that would never be seriously considered otherwise . And the supposed threat of terrorism is still being used to expand and strengthen the federal government’s unconstitutional powers, even though there’s no evidence it supports our safety, and it clearly infringes on our Constitutionally protected privacy and freedom. It is long past time to repeal the act, and even replace it with provisions to protect our privacy and strengthen our freedom. It’s clear the present course of the federal government with regard to this issue will never change unless we change it ourselves.

The following is a proposed bill that remedies this situation. If we get elected to congress, we can introduce the bill ourselves. If we constitute a majority of both houses, we can pass it ourselves. If we constitute a 2/3 supermajority, if the president vetoes it we can override the veto. And if the president refuses to implement it, the house of representatives can impeach him, and the senate can remove him from office. If his successor does the same, well, so can we. We, the People, can indeed prevail, and we cannot be stopped in any lawful manner.

An Act to repeal the USA PATRIOT Act

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, effective upon the date of the passage of this act into law:

The “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001”, Public Law 107–56, is hereby repealed in its entirety, together with all modifications to any other law set forth therein, and any subsequent law based thereon and related modifications set forth therein.

All appropriations of money allocated pursuant to provisions of the USA PATRIOT Act are hereby immediately withdrawn. All additions or modifications to any governmental agency or other governmental organization authorized by or arising from the USA PATRIOT Act are hereby de-authorized.

Done. Fixed. No more Patriot Act. Now, let’s also include provisions to shore up the freedoms and privacy of the American People:

All monitoring and surveillance of any kind, both in public and in private, of any American citizen or permanent resident, shall immediately cease if it has not been explicitly and specifically authorized by a warrant issued by a court of competent jurisdiction on probable cause supported by oath or affirmation. This includes, but is not limited to, the monitoring and surveillance of electronic communications of any kind, public or private, and video surveillance of any kind in public spaces, and location tracking of any kind. Any provision of any federal law, regulation, rule, or order inconsistent with or in conflict with this law is hereby explicitly and specifically repealed to the extent of the inconsistency or conflict.

And, this is also a good time to clean up illegal practices and activities that may now or previously have been conducted by or for the United States by any agency or agent:

Any person who is now or has ever been involved in, exposed to, or been made aware of any illegal activity committed by or on behalf of the United States is hereby strongly encouraged to report that activity directly to no less than three members of congress of their own choosing. All persons providing such reporting are hereby immune from criminal charges or other punitive action associated with their involvement or complicity in, and their reporting of, such illegal activities, provided they identify themselves to their chosen members of congress. Alternatively, the reporting may be done anonymously, but no immunity will apply.

Any person who is now or has ever been involved in, exposed to, or been made aware of any illegal activity committed by or on behalf of the United States is hereby strongly encouraged to provide documentary or other evidentiary material support regarding that activity directly to no less than three members of congress of their own choosing, without regard for any secret or other privileged classification which may have been applied to such document or other material. All persons providing such evidentiary support are hereby immune from criminal charges or other punitive action associated with their involvement or complicity in, and their reporting and providing evidence of, such illegal activities. This providing of evidentiary support and any concurrent reporting to at least three members of congress may be done anonymously, and the immunity will still apply.

This simply encourages persons to report to members of congress any illegal activity they are aware of, and to provide evidence of it if possible. Such activity is never appropriate, because that would place government operatives above the law. If this “coming clean” approach gives you pause, for example because you think some level of intrigue may be necessary for the smooth operation of certain legitimate government functions, please consider this. The founders were well acquainted with political intrigue. Yet they drafted the Constitution to provide the privilege of keeping government-related secrets only to congress. However, they did not grant, even to congress, the privilege of breaking the law. And this draft legislation provides, if a person wants to report illegal activity, they are immune from punitive action if they report directly to congress and self-identify. After all, anybody can make an unsupported accusation. If it ends up getting people in trouble, they should know who reported it, or else it’s just hearsay. However, if the person provides evidence, such reporting and providing evidence may be done anonymously and the immunity will still apply. The evidence speaks for itself, and is not hearsay. If the person reports it or provides evidence to anyone other than congress, the protections do not apply. Congress can then determine whether to investigate the activity, and whether to publicize it or maintain its secrecy. This approach helps keep congress informed of what’s going on, as it should be.