Breaking Terror\u27s Bank Without Breaking the Law: A Comment on the USA Patriot Act and the United States Financial War on Terrorism

This comment will discuss the effect of abandoning our Constitution in times of crisis by discussing how Executive Order 13,224 and the USA PATRIOT Act infringe upon our fundamental First Amendment freedoms of association, and how they violate the Due Process Clause of the Fifth Amendment by withholding notice and the opportunity to be heard. Part II will outline legislation which demonstrates how the United States has historically dealt with freezing the assets of designated terrorists, and will include a discussion of the provisions in the Anti-Terrorism and Effective Death Penalty Act of 1996 (AEDPA) and the USA PATRIOT Act which relate to the designation process and asset forfeiture. Part III will consider the effect of the new terms for designating “terrorists” under the PATRIOT Act by exploring its First Amendment impact on the freedom of association, as well as its Fifth Amendment ramifications on the right to due process. Part IV will conclude with a brief recap of the above discussion and will analyze the possible impact of the USA PATRIOT Act