Agamben wrote some interesting analysis of this [1], expanding on the concept of the "state of exception", which was a older concept introduced by a much more odious man who employed it very effectively in the early 20th century. Agamben argued that modern governments now try to create permanent states of exception, of which I would argue the Patriot Act is a perfect example.

1: https://en.wikipedia.org/wiki/Giorgio_Agamben#State_of_Excep...