Reply #107: The Patriot Act and Attention Deficit Democracy [View All]

http://www.fff.org/comment/com0603f.asp

The American political system failed when Congress and the media recently rolled over in favor of extending the most onerous provisions of the USA PATRIOT Act. Despite stark evidence of both the law’s abuses and widespread popular opposition, Bush got a rubber-stamp extension of a law that has come to symbolize boundless government intrusions since 9/11.

The reenactment of the Patriot Act symbolizes how America is becoming an “attention deficit democracy” — characterized by pervasive negligence and ignorance throughout society and much of the government. Most Americans appear to no longer care whether there is any leash on government power.

Many Americans did try to stop this juggernaut. More than 400 cities and communities have passed resolutions condemning or opposing the Patriot Act. Yet Sen. Russ Feingold (D-Wis.), an opponent of the bill, perfectly captured what Congress did: “What we are seeing is quite simply a capitulation to the intransigent and misleading rhetoric of a White House that sees any effort to protect civil liberties as a sign of weakness.”

The Founding Fathers intended Congress to be a vigorous check on and balance to executive power. But Congress has never done anything more than concoct fig leafs for itself in response to public outrage over the Patriot Act. In late 2004, Congress mandated the creation of the Privacy and Civil Liberties Oversight Board. But the board is totally controlled by the branch of government committing the abuses. The president appoints all five board members, and the board is located in the White House. Bush dallied before announcing his picks, and then appointed as chairman the former co-chair of Lawyers for Bush-Cheney. The board never bothered to hold a single meeting.

With the Patriot Act renewal, Congress made what Senate Judiciary Committee chairman Arlen Specter (R-Pa.) described as “cosmetic changes” — and then congratulated themselves for defending civil liberties.

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