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Does the Patriot Act infringe on civil rights
The Patriot Act in America
Does the Patriot Act infringe on civil rights
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Even today the Patriot Act of 2001 still affects American citizens by taking advantage of the exigence of 9/11 and resulting in the violation of not just citizens’ rights, but human rights as well. A Roman politician and philosopher, Cicero, eloquently stated in his De Officiis, “...let us not hold unknown for known and [we] should not recklessly accept it, and he who wishes to escape this vice, as all should do, will devote time and attention to the weighing of evidence”. Thus, Congress should not have passed the Patriot Act during the harsh devastation of 9/11 that allowed the government to violate the rights of American citizens while simultaneously ignoring the duty of Congress to acknowledge the long term effects of this legislation on the people of the United States. …show more content…
In the Constitution, the founders listed legislative branch first because it is the closest to the people and clearly intended for Congress to compromise and speculate the consequences, both positive and negative, of legislation on the American people.
Unlike the executive branch, the legislative branch was not designed to act as a unitary decider during times of national emergency and wartime. However, Congress acted quickly in 2001 and allowed the Patriot Act to pass and take away the rights of the people that cannot be taken without amending the Constitution. The fourth amendment states that “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,” yet in United States v. Antoine Jones, law enforcement placed a tracker, despite not having a warrant, on a nightclub owner’s car leading to the them suspecting the owner of a drug trafficking stash house. The case made it to the Supreme Court, which overturned the conviction in the defendant’s favor because the Patriot Act jeopardized the rights of the
suspect. While the Patriot Act violates the rights of citizens, it concurrently violates the rights of humans set by the United Nations. In the Universal Declaration of Human Rights in Article 11, it says “everyone charged with a penal offense has the right to be presumed innocent until proven guilty”. In 2004, however, Brandon Mayfield was wrongfully jailed for involvement in the Madrid train bombings after FBI agents used the Patriot Act to search his home in secret. Oregon judge, Ann Aiken, declared this unconstitutional. An innocent man had not only his Constitutional but human rights violated since the FBI held Mayfield accountable for a crime he did not commit and jailed him by assuming he was a terrorist. 9/11 was absolutely horrendous, it scarred a nation and shattered the trust between societies, yet the United States allowed this fear to create unreasonable and unconstitutional laws that have hurt the people it intended to protect. Congress completely took advantage of the exigence of 9/11 to pass legislation that, according to Rep. Bobby Scott, “No one [really] had an opportunity to look at”. The bill itself passed in three days which compared to almost every other bill was approximately one hundred times faster than the typical process. For the branch closest to the people, Congress members have failed to act in the best interest of the people in the long wrong by rapidly moving through the legislative process without consideration of the consequences. Instead of aiding the American people in the war on terror, the Patriot act has, ironically, hurt them by violating the civic rights of the people. The Patriot Act blatantly disregards their rights while bypassing the checks intended to prevent bills from rapidly passing without debating the possible negative effects of the legislation. So once again, we have let fear take us, and yet it was our own government’s hand that took our rights rather than terrorism.
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.
In the case of U.S. v Jones, the judicial branch had to address the questionable topic of whether or not the Fourth Amendment was violated (). Since this case was not black and white and did bring up many questions as to what was constitutional, the judges had to use judicial review. Judicial review is the power that allows judges to interpret the meaning of laws (Class, March 13). Once a law is understood a certain way, the people must follow it (Class, __). The U.S. v Jones case deals with the Bill of Rights (United, 1). This is due to the circumstance that the Fourth Amendment is included in the Bill of Rights document stating that “searches and seizures” cannot be done without a warrant (Class,___). The case of U.S. v Jones was about the violation of Jones’s Fourth Amendment when a GPS device was placed on his jeep without his consent because he was suspected of drug possession (United, 1). Since judges have the power to informally amend the Constitution using judicial review (Class, ___), they must take into consideration many contributing elements when making a decision.
After the Revolution, the country was left in an economic crisis and struggling for a cohesive path moving forward. The remaining financial obligations left some Founding Fathers searching for ways to create a stronger more centralized government to address concerns on a national level. The thought was that with a more centralized, concentrated governing body, the more efficient tensions and fiscal responsibilities could be addressed. With a central government manning these responsibilities, instead of the individual colonies, they would obtain consistent governing policies. However, as with many things in life, it was a difficult path with a lot of conflicting ideas and opponents. Much of the population was divided choosing either the
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. '
Cole, D., & Dempsey, J. X. (2006). Terrorism and the constitution: sacrificing civil liberties in the name of national security. New York: New Press.
Introduction Today, electronic surveillance remains one of the most effective tools the United States has to protect against foreign powers and groups seeking to inflict harm on the nation, but it does not go without a few negative aspects, either. Electronic surveillance of foreign intelligence has likely saved the lives of many innocent people through prevention of potential acts of aggression towards the United States. There are many pros to the actions authorized under the Foreign Intelligence Surveillance Act (FISA) pertaining to electronic surveillance, but there are also cons. Looking at both the pros and cons of electronic surveillance is important in understanding the overall effectiveness of FISA. 1.
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.
The NSA is a U.S. intelligence agency responsible for providing the government with information on inner and foreign affairs, particularly for the prevention of terrorism and crime. The NSA maintains several database networks in which they receive private information on American citizens. The agency has access to phone calls, emails, photos, recordings, and backgrounds of practically all people residing in the United States. Started in 1952 by President Harry Truman, the NSA is tasked with the global monitoring and surveillance of targeted individuals in American territory. As part of the growing practice of mass surveillance in the United States, the agency collects and stores all phone records of all American citizens. People argue that this collected information is very intrusive, and the NSA may find something personal that someone may not have wanted anyone to know. While this intrusion's main purpose is to avoid events of terrorism, recent information leaks by Edward Snowden, a former NSA contractor, show that the agency may actually be infringing upon the rights of the American citizen. Whether people like it or not, it seems that the NSA will continue to spy on the people of the United States in an attempt to avert acts of terrorism. Although there are many pros and cons to this surveillance of American citizens, the agency is ultimately just doing its job to protect the lives of the people. Unless a person is actually planning on committing a major crime, there is no real reason for citizens to worry about the NSA and it's invasion of our privacy. The agency is not out to look for embarrassing information about its citizens, rather, only searches for and analyzes information which may lead to the identification of a targe...
The 4th amendment protects US citizens from unreasonable searches and seizures by the government. If it is violated by the government, all evidence found by the unlawful search and seizure must be excluded as per the exclusionary rule which serves as a remedy for 4th amendment violations. Before a remedy can be given for violation of the 4th amendment, a court must determine whether the 4th amendment is applicable to a certain case.
“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.
The feeling that someone is always watching, develops the inevitable, uncomfortable feeling that is displeasing to the mind. For years, the National Security Agency (NSA) has been monitoring people for what they call, “the greater good of the people” (Cole, February 2014). A program designed to protect the nation while it protects the walls within as it singles people out, sometimes by accident. Whether you are a normal citizen or a possible terrorist, the NSA can monitor you in a variation of ways. The privacy of technology has sparked debates across the world as to if the NSA is violating personal rights to privacy by collecting personal data such as, phone calls and text messages without reason or authorization (Wicker, 2011). Technology plays a key role in society’s day to day life. In life, humans expect privacy, even with their technology. In recent news, Edward Snowden leaked huge pieces from the NSA to the public, igniting these new controversies. Now, reforms are being pressed against the government’s throat as citizens fight for their rights. However, American citizens are slammed with the counterargument of the innocent forte the NSA tries to pass off in claims of good doing, such as how the NSA prevents terrorism. In fear of privacy violations, limitations should be put on the NSA to better protect the privacy of our honest citizens.
Since September 11, 2001 many people can say that America has changed. Many people question if America has changed for the better or has it just gotten worse. Since the day those four planes crashed around the United States people’s lives have been changed. Many may not realize how their lives have changed, but with new laws passed life is different within America. The United States Patriot Act is one of the laws passed after 9/11: singed into order on October 26, 2001 just 45 days after the attack. The United States Patriot Act was put in place in order to protect Americans, yet has been affecting American’s civil liberties and caused controversy all over the United States.
Have you ever thought about how does the NSA spies on us? The answer is very basic, when you use your device for internet connection, your data in sent through the internet to the sever of the website and travels back to your device with the data you requested from that server (website). But NSA is copying the data on its way. The don't even have to do anything, the computer with the program does that for them. When you talk to your friend, parents, or someone else, you probably never thought that whatever you said is not private. Your secrets that you share with your friend over the social media, or your device overall is not a secret anymore. Even if you don't use your device for a private conversation, but you have your device near you, they could easily listen to you through a microphone in your device. They can turn on the camera, and/or microphone without you even
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