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Bill of rights checks and balances
Checks and balances in government
Influence of the patriot act
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Even if the Patriot Act was formulated to serve as a tool to prevent future terrorist activities, there are major sections in the Act that seem to infringe immensely on 21 the rights of individuals. Evaluating major parts of the Act, I have shown that substantive rights under the Constitution seemed have been disregarded because of the cry of terrorism. When looking at such a complex issue one needs to simply conduct a balancing test to weigh out the costs and benefits of such an act. The benefits that the government seem to give for the Patriot Act is that it will act as a deterrent for terrorists who plan to plot another terrorist attack against the American people. This is when the costs start to play in. The more the government seeks to …show more content…
protect the American people, the more they seem to take away from our liberty. A core democratic value that America lives by is freedom and liberty. The Bill of Rights is specifically planted in the first part of the Constitution to prove that the rights of the people and freedom are what make a democracy. The government has previously intruded on the rights of Americans in other times of crises. Still however, there are parts in the Patriot Act that allows the government to do things that they never before have done.
As the reporter that I quoted earlier said there are things that the government was doing that was unprecedented. More costs to the Patriot Act include the direct violations of the Constitution. Many sections of the Patriot Act go against numerous amendments. Also, something that isn’t explicitly in the Constitution is the right to privacy. The Patriot Act shuts this down though as well. Even though the Supreme Court in Griswald, determined that the right to privacy does exist in the Constitution, the Patriot Act completely disregards this. Another major cost to the Patriot Act is that it undermines the notion of checks and balances. When one branch of 22 government is given immense power over the other, the threat of tyranny is taken into account. The Patriot Act allows for the Executive to snoop in documents that they would normally not allow them to do without the check of the other branches of government. The checks and balances principle is another principle that makes the American government so distinct from others. With the Patriot Act threatening this all for the possible prevention of terrorism doesn’t seem to be that much of a benefit to the
people. Of the cases I have discussed and read about, they barely have even cracked down on these terrorists that might plan out another attack. For ever person that is being caught as being a threat to our safety who actually turns out to be terrorists, millions of Americans rights are being infringed upon. The costs do outweigh the benefits with the Patriot Act. To me and to a number of other Americans who seem to agree that parts of the Patriot Act is unconstitutional, the potential security of the government with the exchange of the people’s privacy being gone, doesn’t seem to be a good enough trade off. It is the job of the Supreme Court and the judicial branch of government to ensure that the other branches of government are acting with accordance to the U.S. Constitution. The Supreme Court however doesn’t seem to want to tackle this issue probably for political reasons.
Less than one week after the devastating terrorist attacks of September 11, 2001, the U.S.A. Patriot Act was introduced to Congress. One month later, the act passed in the Senate with a vote of 98-1. A frightened nation had cried for protection against further attacks, but certainly got more than they had asked for. Russell Feingold, the only Senator to vote down the act, referred to it as, “legislation on the fly, unlike anything [he] had ever seen.” In their haste to protect our great nation, Congress suspended, “normal procedural processes, such as interagency review and committee hearings,” and, “many provisions were not checked for their constitutionality, lack of judicial oversight, and potential for abuse.” Ninety-eight senators were willing to overlook key civil liberty issues contained within the 342 page act. The lone dissenting vote, Wisconsin Senator Russell Feingold, felt that our battle against terrorism would be lost “without firing a shot” if we were to “sacrifice the liberties of the American people.” Feingold duly defended American civil liberties at the risk of his career, truly exemplifying political courage as defined by John F. Kennedy.
How would you feel if everything you did on the internet, every text you sent, and every call you made was seen by someone? That is what the NSA is doing right now. According to Wikipedia, the National Security Agency is a national-level intelligence agency of the United States of Defense, under the authority of the Director of National Intelligence.[1] They have been a controversial topic since the 1970s when it was revealed that they had been wiretapping Americans’ telephones. Their surveillance has only grown since then, even though most Americans disagree with it. [2] The NSA’s domestic surveillance is unconstitutional, ineffective, and a violation of privacy that needs to be stopped.
The Fourth (IV) Amendment of the U.S. Constitution states "the right of the people to be secure in their persons, houses paper, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized" (U.S Constitution, Fourth Amendment, Legal Information Institute). The fourth amendment is a delicate subject and there is a fine line between the fourth amendment and 'unreasonable search and seizure. '
The Patriot Act violates many of the amendments in the Bill of Rights. The First Amendment, for example, gives American citizens freedom of speech, press, and religion. The Patriot Act allows the government to monitor the religious and political papers and institutions of citizens that are not even reasonable suspects for criminal activity. Church,
Cole, D., & Dempsey, J. X. (2006). Terrorism and the constitution: sacrificing civil liberties in the name of national security. New York: New Press.
The National Security Agency or NSA for short is a United States federal government intelligence organization that is used for global monitoring and collecting data. After the attacks on September 11, 2001, President George W. Bush implemented the NSA’s domestic spying program to conduct a range of surveillance activities inside the United States. There has been a lot of controversy surrounding this program as it allows the NSA to tap into the public’s phone calls, cameras, internet searches, text messages, and many other mediums to seek out individuals that may be potential threats to the security of the general public. Many individuals say that the tactics used by the NSA are unconstitutional as they invade people’s privacy. This is primarily
The Charter of Rights and Freedoms is the strong foundation for the diverse country of Canada. They uphold various beliefs and values Canadians may have. Under the constitution in 1982, the CRF (Charter of Rights and Freedoms) was entrenched by then Prime Minister Trudeau. The CRF has 4 rights; Equality, legal, democratic and mobility, there is also 4 freedoms; of Conscience and Religion, of thought, belief, expression and media, of peaceful assembly, and Association. If people feel that their right and/or freedom has been violated, they can go to court by using a “Charter Challenge. ” A charter challenge is when something inequitable or unfair has been done, the citizen can pursue the court case stating that something violated their rights and/or freedoms. All the rights and freedoms help
The aftereffects of the September 11, 2001 attacks led to Congress passing sweeping legislation to improve the United States’ counterterrorism efforts. An example of a policy passed was Domestic Surveillance, which is the act of the government spying on citizens. This is an important issue because many people believe that Domestic Surveillance is unconstitutional and an invasion of privacy, while others believe that the government should do whatever is possible in order to keep the citizens safe. One act of Domestic Surveillance, the tracking of our phone calls, is constitutional because it helps fight terrorism, warns us against potential threats, and gives US citizens a feeling of security.
We all have heard the quote “Life, Liberty, Land, and the Pursuit to Happiness” and that is the promise of a life here in America. As Americans we pride ourselves on these freedoms that allow us to live everyday. We are one of the only countries that have this promise and it is what draws people from all of over the world to come here. Our founding fathers of the United States of America wrote these words, having no idea the impact that they would have for the rest of this countries history. Those words were the foundation for government, and it wasn’t perfect at first but slowly it matured into what we have today, strong and powerful. To other nations America is seen as the World Power, and a somewhat perfect nation to live in. Unfortunately corruption, scandals and controversies have tainted our once golden glow, and other nations are weary of watching their steps. One of the most controversial elements to our government is the NSA. Hidden in the shadows from American and global knowledge is what the NSA is actually doing and watching out for. Only very recently has the NSA been ripped from the shadows and brought to light what exactly is going on inside those walls. They are “spying” on not only America’s personal data, but foreign leaders as well. The NSA says it’s for the safety for everyone against terrorism and attacks. However, it has gone way to far and violates a constitutional right, privacy. The NSA has overstepped their boundaries, and spying doesn’t seem to make a difference in safety.
“Many opponents have come to see the patriot act as a violation of the fourth amendment to the U. S constitution.” (Belanger, Newton 2). The side effect of the patriot act is that it weakens many rights. This act weakens the fourth amendment which is our privacy protection. The fourth amendment allows citizens to be protected from unreasonable searches without a warrant. The police search suspects mainly because of their race or ethnic group.
Benjamin Franklin, one of the founding fathers of the United States, once said “Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety.” In America’s society today, some are willing to sacrifice their civil liberties in order to gain protection and security over some potential threat. Especially after the events of September 11th and several attempted bombings in U.S. cities. This sacrifice of individual freedoms such as the freedom of speech, expression, the right to information, to new technologies, and so forth, for additional protection is more of a loss than a gain. Citizens of the United States deserve equal liberty and safety overall, as someone should not have to give up one value in order to gain another. This concept of individual right goes beyond the simple idea of “individual comfort.” Personal liberties cannot be surrendered and are not to be compromised since these liberties are intangible. Individuals should not have their personal liberties exchanged for national security because individuals are guaranteed protection to these rights.
The U.S. Patriot Act was set in place to better serve our country against terrorism. The U.S. Patriot Act is an Acronym for Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Acts (Lithwick). This act is to punish terrorist actions and improve law enforcement not only in the United States but also around the world. The United States Patriot Act consists of over 1,000 sections that describe the act in great detail. The sections include, but are not limited to, the power extended to the government by The U.S. Patriot Act to deport and incarcerate non citizens. With the U.S. Patriot Act a person’s phone line can be tapped, records of any and all purchases checked, and even library records searched. This Act also has sections to help money laundering, expand our country’s border protection, strengthening the extent of criminal laws and provide for people suffering from any type of terrorism acts (Huffman).
You greet your friend as you are talking to him on your Samsung Galaxy S7. You have the most casual conversation, but there is one thing neither you nor your friend does not know. The government is hearing every word you say. The NSA (National Security Agency) tracks every single phone call made in the country. Some find it okay; however, others find it an invasion of their privacy. I firmly believe that government phone tapping is lawful and should still exist, because it deters crime, most people are not against it, and it hinders terrorism.
From that conclusion, the 1978 act called FISA was born. It stands for the Foreign Intelligence Surveillance Act. FISA is a U.S. federal court created and given authority with the creation of the Foreign Intelligence Surveillance Act of 1978 (FISA). It was given the authority to govern, and look after requests to watch suspected foreign intelligence agents inside the United States. These requests were mostly submitted by other government agencies. Most of the requests flooding from other agencies are made by the NSA and the FBI. Congress created FISA and its court because of the recommendations by the U.S. Senate's Church Committee (Kadidal).
There has always been surveillance of the general public conducted by the United States government, the usual justifications being upholding the security of the nation , weeding out those who intend to bring harm to the nation, and more. But the methods for acquiring such information on citizens of the united states were not very sophisticated many years ago so the impact of government surveillance was not as great. As a result of many technological advancements today the methods for acquiring personal information - phone metadata, internet history and more - have become much simpler and sophisticated. Many times, the information acquired from different individuals is done so without their consent or knowledge. The current surveillance of people