After that horrific tragedy that befell our nation on September eleventh of two-thousand and one, legislative and executive branches instituted a series of proclamations to provide a higher quality of homeland security. A mist all the commotion these new decrees' were formulated, ratified, and executed with great haste. Despite there efforts, elected officials allowed emotions to play a role in there decision making. Some of these current policies have sections or clauses that infringe on the Bill of Rights. Some may even be construed as being unconstitutional. However these rights are the foundation of our governmental structure. Its presence is pivotal as each amendment combines to formulate the skeleton of this great country. If we as a nation overlook the governments' deviation of these essential guidelines that our architects have laid before us then we have become ignorant and forsaken all that we have stood for. The Bill of Rights is essential today as when it was originated. The infraction that I wish to address is the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA Patriot Act of 2001).
In January of two-thousand and one the one-hundredth and seventh Congress indoctrinated a document that has several flaccid segments that prove to be unconstitutional. I wish to direct your attention to section 105. Expansion of National Electronic Crime Task Force Initiative which states
"The Director of the United States Secret Service shall take appropriate actions to develop a national network of electronic crime task forces, based on the New York Electronic Crimes Task Force model, throughout the United States, for the purpose of preventing, detecting, and investigating various forms of electronic crimes, including potential terrorist attacks against critical info structure and financial payment systems."
This is may appear seemingly harmless but incorporate a few slight enhancements such has sections 206, 209 and 210. Each will be explained into further detail and as they are you will quickly see how our rights in regards to the four amendment.
In section 206 Roving Surveillance Authority under the Foreign Intelligence Surveillance Act of 1978 stipulates that
Section 105(c)(2)(b) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C 1805(c)(2)(b)) is amended by inserting ", or in circumstances where the Court finds that the actions of the target of the applications may have the effect of thwarting the identification of a specified person, such other persons, " and "specified persons".
McDowell, Gary L. “The Explosion and Erosion of Rights.” In Bodenhamer, David J. and Ely, James W. The Bill of Rights in Modern America. Bloomington: Indiana University Press, 2008. Print.
The Constitution lays out the rights and obligations of the newly formed United States government. But, what of the rights and obligations of its citizens? Starting in 1791 only two years after the Constitution was ratified the Constitution began to evolve and this process continues to this day. The first ten amendments to the Constitution are known as the Bill of Rights. This Bill of Rights outlines the protections which citizens have from the government of the United States. The question raised in the title of this paper is; Are the Bill of Rights, written well over 200 years ago still relevant today? Of course they are and probably even more so. To illustrate this fact we will examine each of the ten amendments rewrite each one using common everyday language of today and if possible discuss why this was important in 1791 and why we may or may not need this document in writing today. In restating each amendment I will try to write it as if it is a brand new document, which is a stretch to say the least. With out the struggle of the colonies through war and abuse by the English Monarchy would one have the foresight to see how a government may take for granted the rights of its citizenry?
The pros of electronic surveillance are extensive. The ability for agents of the United States Intelligence Community (IC) to intercept and process communications and information from foreign powers, agents of foreign powers, international terrorist organizations, and others who seek to engage in activities with such groups, provides the ...
Through the years many changes have taken place, and technologies have been discovered, yet our Constitution remains. Some say that the Constitution was written for people hundreds of years ago, and in turn is out of step with the times. Yet its principals and guidelines have held thus far. The framers would be pleases that their great planning and thought have been implemented up until this point. However this does not compensate for the fact, that the we the people have empowered the government more so than our fore fathers had intended. Citizens were entrusted with the duty to oversee the government, yet so many times they are disinterested and only seem to have an opinion when the government’s implications affect them. As time has changed so has the American people, we often interpret our freedoms in a self serving manner, disregarding the good of the whole and also the good for the future. Thus there are no true flaws in the Constitution, it appears that the conflict emerges in the individual and their self, and poses question when we must decide when to compromise the morals that our Constitution was founded on, or when to stick to what we know is right and honest.
In Section 201 authorizes secret arrests, overturning federal court decision requiring government disclose identity of persons it has detained during the 9/11 investigations. This part mandate that all arrests in connection to international terrorism investigations remain secret until indictment is filed. In our history we have never permitted secret arrests, it contradicts our rights and liberty.
The Department of Homeland Security faces challenges of failure to coordinate and cooperate in the latest fight against computer crimes as well as more general intelligence-gathering operations. (...
Bill of rights institute. 2016. Bill of rights of the United States of America (1791). [Online]. [19th December 2016]. Available from: .
Do the First and Fourth Amendments Protect?" Current Issues & Enduring Questions: A Guide to Critical Thinking and Argument with Readings. Ed. Sylvan Barnet and Hugo Bedau. 5th ed. Boston: Bedford/St Martin's, 1999. 316-324.
Since the terrorist suicide bombed the world trade center and a wing of the pentagon, there has been a change in the relationship between the United States government and the people. The executive branch has taken steps that undermine the principles in the United States constitution. In order to ensure a more democratic society, we have to tell the difference between effective governing and individual freedom. There is one main topic I'm going to talk about how the 1st amendment, 4th amendment, 5th amendment, and 6th amendment are being eroded by the USA PARTRIOT Act which introduced a overabundance of legislative changes which considerably increased the surveillance and investigative powers of law enforcement agencies in the United States.
Dissatisfied with the scope of the Espionage Act, Congress was compelled to add an amendment to further penalize “crimes of disloyalty” against the United States (James and Wells, 71). Congress enacted an amendment that would be known as the Sedition Act which broadened the scope of what would be considered disloyal to the United States.
...the previous Act. The last Act is the FISA Act of 2008 “The Foreign Intelligence Surveillance Act”, which allows intelligence professionals to monitor terrorist communications, while protecting civil liberties of Americans, more quickly and efficiently. (USDOJ) These legal changes have allowed not only the investigation and prosecution of terrorists to be more proficient, but it has also help change the structure of the operations of agencies to enhance counter-terrorism efforts.
Harr, S. J., Hess, K. M., & Orthmann, C. H. (2012). Constitutional Law and the Criminal Justice
We live in the 21st century, where most Americans mind their own business but take for granted our God given rights. Not only God given rights but also those established by our founding forefathers. This paper will illustrate and depict the importance of the original problems faced when adopting the Constitution and the Bill of Rights. It will discuss the importance of the first amendment, the due process of the 4th, 5th, 6th, and the 8th amendments. Last but not least the importance of what is known as the “second Bill of Rights” (14th amendment).
The foreign Intelligence Surveillance Act is a United States federal law that outlines and defines the procedures for the surveillance and collection of physical and electronic intelligence in the United States of America. As with any search and seizure operation the surveying agency must obtain a warrant by a court judge to proceed with the spying; FISA went ahead and established its own court by which it obtains its warrants for surveillance. The Foreign Intelligence Surveillance Court was created under FISA for the oversight of all surveillance warrants by federal police agencies. This court is served by a body of eleven judges placed there by the chief...
...e administration plans to introduce legislation that would alter the N.S.A’s privacy breaches and end its illegal data collections. Citing an identical argument, that the government cannot indicate terrorist attacks that have been stopped by the intelligence gathering programs, a review group of the Administration “called for major changes to the program; the latter also concluded that the bulk collection is illegal.”3