- Constitutional claims
Numerous organizations and legal experts argue that since 9/11 various legislation has been passed that partially or fully nullifies elements of the rights of American citizens found in the Bill of Rights. The ACLU also argues that the Patriot Act violates a number of personal freedoms, including allowing agents to breaking into a house and search it without the owners knowledge and they never have to tell the people who own the property that it was searched, this practice is called “sneak and peaks” and the ACLU says, “There are significant flaws in the Patriot Act, flaws that threaten your fundamental freedoms by giving the government the power to access to your medical records, tax records, information about the books you buy or borrow without probable cause, and the power to break into your home and conduct secret searches without telling you for weeks, months, or indefinitely.” These practices have been used more than 11,000% more on non-terrorist related investigations than on investigations related to terrorists,  including against drug dealers and political protesters. Furthermore, the ACLU argues that legislation such as the NDAA violates the First, Fourth, Fifth, Sixth and Eighth Amendments and is conscripted to allow for the indefinite detention of and killing of American citizens even without trial, and the Act is facing fierce opposition from the public and legally, currently (September 2012) there are nine states that have challenged the law in court and a New York Judge, (Forrest), has been successful in placing an injunction on the law, however the Obama legal team and administration refuse to confirm that they will abide by the courts ruling, reporter Tangerine Bolen who is a plaintiff in the case states that the government could be in contempt of court saying, “Obama’s attorneys refused to assure the court, when questioned, that the NDAA’s section 1021 – the provision that permits reporters and others who have not committed crimes to be detained without trial – has not been applied by the US government anywhere in the world after Judge Forrest’s injunction, in other words, they were telling a US federal judge that they could not, or would not, state whether Obama’s government had complied with the legal injunction that she had laid down before them”. Free speech zones have been used at a variety of political gatherings in the United States with the stated purpose of protecting the safety of those attending the political gathering, or for the safety of the protesters themselves, however critics suggest that such zones are “Orwellian” (see List of fictional police states) and are a clear violation of the First Amendments right to speech and assemble peaceably. Critics say that if Free Speech Zones exist as regions where the Constitutionally protected First Amendment is valid this means there are areas where the First Amendment has been removed, clearly violating the First Amendments right and intent. America has made torture legal, and has tortured individuals hundreds of times, including waterboarding which we tried and executed Japanese for the exact same crime in WWII as a war crime this is against the Constitution and International Law and Treaties and is a sign of a police state atmosphere, especially since those that ordered the torture have skirted prosecution. Similarly, ‘black sites’ have been exposed where US Military detainees are taken to be entreated in countries where torture is routinely done, this is morally wrong obviously but it is also illegal and indicative of police state like activity.  Additionally Obama has asserted that there is a “kill list”, an issue brought to the forefront after three American citizens were killed in a drone strike ordered by the US Government, and President Obama is butting heads with Congress on the legality of Americans being on a “kill list”.
- Militarization of police
There has been a steady increase in the police being aided by and resemble increasingly the practices of the military including using their weapons and tactics. Established in 1878 the Posse Comitatus Act prohibits the use of the military for law enforcement and policing activities but this law has been continually violated as the military has been used for years for things such as DUI checkpoints and serving warrants in conjunction with the local or state police. Since 1990 the police have been militarized increasingly and Federal funding has helped this process with large discounts for military gear for the police, and after 9/11 this militarization has quickened at a concerning rate. This militarization of the police force manifests as using military equipment, military style weapons such as assault rifles armored vehicles (often purchased from the military), blimps, helicopters, planes as well as the most recent addition, drones, all of which may be armed. Two American lawmakers have stated on the record that, in their opinion, Section 1031 of the National Defense Authorization Act for Fiscal Year 2012 (NDAA) legalizes or authorizes martial law in the United States, additionally Senator Mark Udall (D-Colorado) stated “These provisions raise serious questions as to who we are as a society and what our Constitution seeks to protect…Section 1031 essentially repeals the Posse Comitatus Act of 1878 by authorizing the U.S. military to perform law enforcement functions on American soil.” 
- Other police state attributes
Critics accusing the America of becoming a police state point to the fact that America has become a police state point to the prison population which is higher in total number of prisoners and prisoners per 100,000 people than any other country, the USA is merely 5% of the world population yet it contains about 1/4 of the worlds prison detainees, despite having populations much smaller than other countries such as China (which is a claimed police state).. Furthermore private prisons have been allowed to operate and have agreements and contracts with states that grantee the prison will remain 90% full, this is an obvious collusion of a corporation with a state, and is called a civil rights disaster because mandating a percentage of people in prison puts a strain on the legal system potentially forcing judges and prosecutors to modify their sentencing to ensure the prison is filled. Similarly, the court case of Citizens United has made the ruling that corporations are legally equal to people, thus allowing, among other things unlimited donations for use in elections which is dangerous to a free democracy because corporations have far more money than individual donors making candidates susceptible to being controlled by big business. Americas election process has been criticized in the past because lobbyists pay politicians to persuade the politician to vote a certain way, and because of this the US political system has been called Crony Capitalism and the Citizens United case lends credence to this accusation. Additionally, Benito Mussolini has been quoted as saying about fascism (a type of police state), ” Fascism should more appropriately be called Corporatism because it is a merger of state and corporate power,” and it is clear to see that there is a merging of corporate influence and power in the American political system. An electronic police state is said to be present in America by organizations that rate countries on an electronic police state scale, including in the annual document called “The Electronic Police State” where in the latest release the USA is ranked as the top, most advanced, Western government to be an electronic police state, followed closely by the United Kingdom The USA is an extremely high tech spying operation capable of monitoring all electronic communications and data in real time and stores the information, and operates multination spying systems such as ECHELON, and there are fusion centers locally where data is collected on the American people and disseminated to various National Security, Law Enforcement, Military and sometimes Business Agencies,  also whistle-blowers claim that every American is being spied on including all internet activity, phone calls, texts, emails, banking and travel information and are compiling and saving this data, blatantly in violation of the 4th Amendment. There is an entire army brigade assigned solely to the United States, USNORTHCOM, (something that has never happened before in the country’s history), and there is a civilian force called Infragard, which uses business people, civilians and others to spy on clients, and members of the community and report to the FBI , having over 40,000 members it has been criticized by the ACLU saying there “is evidence that InfraGard may be closer to a corporate (Terrorism Information and Preventing System) TIPS program, turning private-sector corporations – some of which may be in a position to observe the activities of millions of individual customers – into surrogate eyes and ears for the FBI”, other critics call this the equivalent of the East German Stasi. Another claim that the US could be becoming a police state is the control over travel and the media, specifically the TSA has been criticized for its procedures of forcing passengers to endure a ‘Naked body scanner’ or ‘Invasive pat down’ (which includes touching of the gentiles of travelers, including children, which in itself is a crime in all states) if they refuse to go through the potentially harmful body scanner, and the TSA have spread from the airport to highways, trains, and other means of transportation, and critics say the media is unbiased being influenced by government similar to the 1950’s Operation Mockingbird and there are proven instances of the government paying journalists to report on certain stories from a particular viewpoint. Disarming the population is key to having a police state as an armed populace is more likely to be able to throw off the chains of tyranny, and previous police states of Hitler, Stalin, Pol-Pot and Mao all implemented disarmament as part of their reign. There have been many attempts to disarm and limit the American populaces Second Amendment Right to own firearms, one of the most recent examples being the UN Small Arms Treaty of 2012, and when that treaty failed to be enacted a Programme of Action Against Small Arms called “Programme of Action to Prevent, Combat, and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects” which is compared by a New American article to a “wholesale national expansion of the “Fast and Furious” operation that bore no fruit and resulted in the death of a US border patrol officer” among thousands of other deaths.  Gun confiscation has already occurred in one modern American city; in hurricane Katrina the citizens of New Orleans, including those that had plenty of food and water and were in ‘high and dry’ areas were stripped of their firearms illegally. The “Fast and Furious” operation was carried out by the US Government in which guns were sent to violent drug gangs in the US and to Mexican drug gangs resulting in the killing of many people including Border Patrol agents. This incident was seen by many as a False Flag to demonize the Second Amendment allowing for the passage of very restrictive gun control, but the operation was unsuccessful in this regard when it came out that the ATF, FBI, DEA, ICE and even members of the US Government in the highest echelons including US Attorney General Eric Holder and possibly President Obama knew of the plan to give known violent drug cartels the weapons, and the allowance of tons of cocaine and marijuana to flow back into the United States to be distributed in US cities. Some cities such as New York and Chicago have succeeded in banning types of commonly used guns such as handguns. Groups such as the Oath Keepers, which are serving military and veterans of war, police and others who have taken an Oath to defend and protect the Constitution understand the risk of and the reality that elements of the US Government want and are actively trying to severely limit and end the Second Amendment, thus The Oath Keepers have vowed to uphold the Oath they took to ‘protect and defend the Constitution’. The Oath Keepers know that protecting the rights of US Citizens to own and use firearms is paramount to a free society not controlled as a police state and they say they will disobey orders to disarm Americans and fight to protect these rights from being violated by overreaching governments.
 >[http://www.usatoday.com/tech/news/techpolicy/2004-02-25-patriot-main_x.htm Patriot Act blurred in the public mind]. Retrieved 9-10-12.
 >[http://www.msnbc.msn.com/id/20999950/ns/us_news-security/t/judge-rules-part-patriot-act-unconstitutional/ Judge rules part of Patriot Act unconstitutional]. Retrieved 9-10-12.
 >Analysis of Specific USA PATRIOT Act Provisions: Authority to Conduct Secret Searches (“Sneak and Peek”), Electronic Privacy Information Center. Accessed September 5, 2012.
 >[http://www.aclu.org/reform-patriot-act Reform the Patriot Act] Retrieved 9-10-12.
 >[http://www.washingtonpost.com/blogs/blogpost/post/patriot-act-used-to-fight-more-drug-dealers-than-terrorists/2011/09/07/gIQAcmEBAK_blog.html Patriot Act Used to Fight More Drug Dealers than Terrorists]. Retrieved 8-6-2012.
 >[http://www.aclu.org/national-security/how-usa-patriot-act-redefines-domestic-terrorism How the USA PATRIOT Act redefines “Domestic Terrorism”]. Retrieved 8-6-2012.
 > [http://www.huffingtonpost.com/2012/09/14/ndaa-case-indefinite-dentention_n_1885204.html NDAA Case: Indefinite Detention Injunction Does Irreparable Harm, Obama Admin. Lawyers Argue]. Retrieved 9-12-2012.
 >[http://www.truthdig.com/report/item/a_victory_for_all_of_us_20120518//%20A%20Victory%20for%20All%20of%20Us Drilling beneath the headlines]. Retried 8-25-2012.
 >[http://guardianlv.com/2012/07/republican-party-denounces-ndaa/ Republican Party Denounces NDAA]. The Guardian Express. Retrieved 9-17-2012
>[http://www.aclu.org/blog/national-security/and-now-rhode-island And now Rhode Island]. Retrieved 6-14-2012.
>Bailey, Ronald. [http://www.reason.com/news/show/33381.html Orwellian “Free Speech Zones” violate the constitution]. Reason (magazine), 2-4-2004. Retrieved on 1-3-2007.
>McNulty, Rebecca. [http://www.thefire.org/index.php/article/5835.html Fla. College Student Successfully Fights Campus ‘Free Speech Zone’]. [[Foundation for Individual Rights in Education]] Student Press Law Center, 6-28-2005. Retrieved 1-3-2007.
>[ http://www.edweek.org/ew/articles/2012/09/12/03doyle_ep.h32.html?tkn=VLTFnJUN19p6kWdP5%2FYcxTi8cRQMX9mDtN6a&cmp=clp-edweek Reaching the 9/11 Generation]. Retrieved on 9-18-2012.
>[http://www.humanrightsfirst.org/2012/08/30/holder-decision-to-drop-cia-torture-investigation-criticized/ Holder Decision to Drop CIA Torture Investigation Criticized]. Retrieved on 9-18-2012.
>[ http://www.whig.com/story/19466355/ap-news-in-brief-at-558-pm-edt AP News Brief]. Retrieved on 9-18-2012.
>[ http://www.huffingtonpost.com/2012/08/20/obama-black-sites-rendition-torture_n_1812578.html Obama Administration Outsources Torture: Can US Ever End Human Rights Abuses?]. Retrieved on 9-18-2012.
>[ http://www.motherjones.com/politics/2012/07/congress-disclose-obama-targeted-killing-memos Congress Wants to See Obama’s “License to Kill”]. Retrieved on 9-18-2012.
>[ http://www.nytimes.com/2011/10/09/world/middleeast/secret-us-memo-made-legal-case-to-kill-a-citizen.html?pagewanted=all&_moc.semityn.www Seceret US Memo Made Legal Case to Kill a Citizen]. Retrieved on 9-18-2012.
> Posel, Susanne. [http://www.globalresearch.ca/index.php?context=va&aid=32152 Specialized Military Police Deployed in America During Civil Unrest]. Retrieved on 8-3-2012.
> Taylor, Lawerence. [http://www.duiblog.com/2008/12/16/here-come-the-feds-contd-marines-at-dui-roadblocks/ Here Come the Feds: Marines at DUI Roadblocks]. Retrieved on 8-3-2012.
> [http://www.huffingtonpost.com/2012/02/16/police-tank-purchase-new-hampshire_n_1279983.html Police ‘Tank’ Purchase Riles New Hampshire Town]. Retrieved on 8-3-2012.
> [http://www.huffingtonpost.com/2011/09/12/police-militarization-9-11-september-11_n_955508.html A Decade After 9/11, Police Departments Are Increasingly Militarized]. Retrieved on 8-3-2012.
> [http://www.ksn.com/news/local/story/Council-approves-rifles-for-WPD/8rDXk-foM0CZIZ2beJ-vMg.cspx Council approves rifles for WPD]. Retrieved on 8-3-2012.
>[http://articles.latimes.com/2009/mar/13/nation/na-spyblimp13 Pentagon plans blimp to spy from new heights]. Retrieved on 9-18-2012.
>[http://washington.cbslocal.com/2012/05/23/groups-concerned-over-arming-of-domestic-drones/ Groups Concerned Over Arming Of Domestic Drones]. Retrieved on 8-3-2012.
> Smith, Dave [http://www.ibtimes.com/articles/270213/20111220/ndaa-2012-ron-paul-martial-law.htm NDAA 2012: Ron Paul Warns Bill Would Legalize Martial Law] Retrieved on 8-3-2012.
>[http://www.nytimes.com/2008/04/23/world/americas/23iht-23prison.12253738.html?pagewanted=all U.S. prison population dwarfs that of other nations]. Retrieved 9-10-12.
>[http://www.allgov.com/news/top-stories/private-prison-company-to-demand-90-occupancy?news=844040 Private Prison Company to Demand 90% Occupancy]. Retrieved 9-17-12.
>[http://thecaucus.blogs.nytimes.com/2010/01/26/oconnor-mildly-criticizes-courts-campaign-finance-decision/?hp O’Connor Mildly Criticizes Court’s Campaign Finance Decision]. Retrieved 1-26-2010.
>[http://www.brainyquote.com/quotes/authors/b/benito_mussolini.html Benito Mussolini Quotes]. Retrieved 9-17-12.
>[ https://secure.cryptohippie.com/publications.php Publications of interest (Electronic police state)]. Retrieved 9-17-12.
>[http://www.austinchronicle.com/documents/fusioncenterreport.pdf Recommendations for Fusion Centers]. Retrieved 9-4-12.
>[http://www.aclu.org/blog/national-security/video-nsa-whistleblower-explains-how-us-government-spying-every-single NSA Whistleblower Explains How the U.S. Government Is Spying on Every Single Electronic Communication You Have]. Retrieved 9-4-12.
>[ http://www.infragard.net/%5D. Retrieved 9-10-2012.
>[http://www.ibtimes.com/articles/304259/20120224/anonymous-hack-dayton-ohio-infragard-gangsta-paradise.htm What is Infragard? Anonymous hackers attack Dayton, Ohio Chapter of FBI partner website]. Retrieved 9-10-2012.
>[http://www.ksl.com/?nid=960&sid=19246137 House Resolution Calls for End to Invasive TSA Searches]. Retrieved 8-6-2012.
>[http://www.forbes.com/sites/realspin/2012/02/29/the-tsa-is-coming-to-a-highway-near-you/ The TSA Is Coming To A Highway Near You]. Retrieved 8-6-2012.
>[ http://www.salon.com/2010/12/28/cnnn/ The merger of Journalists and government officials]. Retrieved 9-10-2012.
>Author; David Wise and Thomas Ross| Invisible Government|1964.
>[ http://washington.cbslocal.com/2011/12/01/new-gun-company-advertisement-compares-obama-to-hitler-stalin/%5D. Retrieved 9-17-2012.
>[ http://www.thenewamerican.com/usnews/constitution/item/12863-un-promotes-another-gun-grabbing-program UN Promotes Another Gun-Grabbing Program]. Retrieved 9-18-2012.
>[http://www.cfif.org/htdocs/freedomline/current/in_our_opinion/Forcibly-Disarming-Law-Abiding-Americans-Disaster.html Forcibly Disarming Law-Abiding Americans during Disaster: It Can Happen to You]. Retrieved 9-4-202.
>[ http://documents.latimes.com/fast-and-furious/ Fast and Furious]. Retrieved 9-17-2012.
>[http://www.suntimes.com/news/metro/13389907-418/city-to-revamp-gun-control-ordinance-after-loss-in-court.html City to Revamp Gun Control Ordinance After Loss in Court]. Retrieved 9-4-2012.