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The USA PATRIOT Act and Punctuated Equilibrium Walden University ScholarWorks Walden Dissertations and Doctoral Studies Walden Dissertations and Doctoral Studies Collection 2016 The SU A PATRIOT Act and Punctuated Equilibrium Michael Sanders Walden University Follow this and additional works at: https://scholarworks.waldenu.edu/dissertations Part of the Law Commons, Other History Commons, and the Public Policy Commons This Dissertation is brought to you for free and open access by the Walden Dissertations and Doctoral Studies Collection at ScholarWorks. It has been accepted for inclusion in Walden Dissertations and Doctoral Studies by an authorized administrator of ScholarWorks. For more information, please contact [email protected]. Walden University College of Social and Behavioral Sciences This is to certify that the doctoral dissertation by Michael Sanders has been found to be complete and satisfactory in all respects, and that any and all revisions required by the review committee have been made. Review Committee Dr. Mark Stallo, Committee Chairperson, Public Policy and Administration Faculty Dr. Ross Alexander, Committee Member, Public Policy and Administration Faculty Dr. Tanya Settles, University Reviewer, Public Policy and Administration Faculty Chief Academic Officer Eric Riedel, Ph.D. Walden University 2016 Abstract The USA PATRIOT Act and Punctuated Equilibrium by Michael L. Sanders MS, Thomas A. Edison State College, 2012 BA, Thomas A. Edison State College, 2007 Dissertation Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy Public Policy and Administration Walden University August 2016 Abstract Currently, Title II of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT Act) Act of 2001 appears to be stalled as a result of controversy over the intent and meaning of the law. Proponents of the title advocate the necessity of the act to combat modern terrorism, whereas opponents warn of circumventions of the Fourth Amendment of the U.S. Constitution. Using punctuated equilibrium as the theoretical foundation, the purpose of this case study was to explore the dialogue and legal exchanges between the American Civil Liberties Union and the Department of Justice related to the National Security Agency’s metadata collection program. In specific, the study sought to explore the nature of resistance to changes needed to mollify the controversies associated with Title II. Data for this study were acquired through publicly available documents and artifacts including transcripts of Congressional hearings, legal documents, and briefing statements from the US Department of Justice and the American Civil Liberties Union. These data were deductively coded according to the elements of PET and then subjected to thematic analysis. Findings indicate that supporters and opponents of the law are locked in a consistent ideological polarization, with supporters of the law touting the necessity of the authorizations in combatting terrorism and opponents arguing the law violates civil liberties. Neither side of the debate displayed a willingness to compromise or acknowledge the legitimacy of the other viewpoint. Legislators who accept the legitimacy of both researched viewpoints could create positive social change by refining the law to meet national security needs while preserving constitutional protections. The USA PATRIOT Act and Punctuated Equilibrium by Michael L. Sanders MS, Thomas A. Edison State College, 2012 BA, Thomas A. Edison State College, 2007 Dissertation Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy Public Policy Administration - Terrorism Mediation & Peace Walden University August 2016 Table of Contents List of Tables ................................................................................................................... viii Chapter 1: Introduction to the Study ....................................................................................1 Introduction ....................................................................................................................1 Background ....................................................................................................................1 Problem Statement .........................................................................................................4 Purpose of the Study ......................................................................................................5 Research Questions ........................................................................................................5 Central Research Question – Qualitative: ............................................................... 5 Subquestion 1 - Qualitative:.................................................................................... 5 Subquestion 2 - Qualitative:.................................................................................... 5 Subquestion 3 - Qualitative:.................................................................................... 5 Subquestion 4 - Qualitative:.................................................................................... 5 Subquestion 5 - Qualitative:.................................................................................... 6 Framework .....................................................................................................................6 Nature of the Study ........................................................................................................9 Assumptions .................................................................................................................10 USA PATRIOT Act Assumptions ........................................................................ 10 Methodology Assumptions ................................................................................... 10 Scope and Delimitations ..............................................................................................11 Limitations ...................................................................................................................13 Significance..................................................................................................................14 i Summary ......................................................................................................................15 Chapter 2: Literature Review .............................................................................................17 Introduction ..................................................................................................................17 Literature Search Strategy............................................................................................18 Punctuated Equilibrium ...............................................................................................19 Security Policy History ................................................................................................20 Early America ....................................................................................................... 21 Habeas Corpus ...................................................................................................... 27 Alien Immigration Act of 1903............................................................................. 30 Sedition Act of 1918 ............................................................................................. 31 Japanese Internment .............................................................................................. 34 Cold War ............................................................................................................... 37 Surveillance Scandals ..................................................................................................41 Teapot Dome ......................................................................................................... 42 Hoover’s Surveillances ......................................................................................... 45 Watergate .............................................................................................................. 50 Court Decisions ............................................................................................................51 Olmstead v. United States ..................................................................................... 52 Katz v. United States ............................................................................................. 52 (Keith) United States v. United States District Court for Eastern District of Michigan ................................................................................................... 54 Church Committee .......................................................................................................55 ii Foreign Intelligence Surveillance Act .........................................................................59 Foreign Intelligence Surveillance Court ............................................................... 60 Approval Rate ....................................................................................................... 61 FISA Application v. Fourth Amendment.............................................................. 63 Discovery .............................................................................................................. 65 USA PATRIOT Act – Title II ......................................................................................66
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