In the wake of September 11th, the country was in turmoil. Fear and confusion were rampant; direction was required. President George Bush, in a famous address, acknowledged the severity of the attacks, and called for a newly invigorated sense of nationalism. His plan for preventing future attacks called for the creation of the Department of Homeland Security, and expanded powers to intelligence agencies (Bush). During this time, one of the most provocative bills was allowed to pass, under the guise of a terrorist seeking bill. The Patriot Act was indeed effective in increasing the power allotted to surveillance agencies, but many feel at too high of a cost. Many have asked the question "is
According to the Fourth Amendment of the United States Constitution, “The right of the people to be secure in their persons, houses, papers, 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.” Yet, in the United States at this very moment, the government is collecting information on everyone who makes a call, sends an email, plays a video game, or even owns a computer. They are in people’s houses without actually having to be there. This collection of information is unlawful, and unconstitutional, violating exactly what the government
With good intentions, the Patriot Act allows the government to pry into Americans' lives through computer and phone records as well as credit and banking history (Source 5). This oversteps the U.S. Constitution as the First and Fourth Amendment were created to give citizens freedom and the right to deny search and seizure
S.N. Herman in his article The US PATRIOT ACT and the Submajoritarian Fourth Amendment that was published in the Harvard Civil Rights-Civil Liberties Law Review in 2006 deals completely around violations of the US Patriot Act in regards to the Fourth Amendment of the U.S. Constitution. It brings forth the facts that support that we as American citizens have allowed the government to chip away at our rights to be free from unreasonable searches and
Like most Americans, I have read in the news recently about the different intelligence agencies of our government, federal and local, gathering and storing personal information on its citizens under the direction of the Patriot Act. Some would consider the information gathered about our personal lives overly intrusive, including violations of our constitutional rights while others may not. However, I think most Americans will agree that the government needs to be very careful in how they interpret the amended Patriot Act. It should be interpreted in such a way that it does not violate the American people’s constitutional rights. If the laws do then they should be overturned. Today many
In September 11, 2001 United States witnessed one of the worst attack that took place in New York and Pentagon. A lot of people died that day. And on October 26, 2001 George W. Bush singed the USA Patriot Act it was anti-terrorism law. The USA Patriot Act gave new powers to the Justice Department. Even if the law assured us the safety, it also violated the Bills of Rights. The purpose of the Bills of Right is to protect every individual from being violated. The USA Patriot Act of 2001 violated fourth amendment. “Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law” (http://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/what-does-0). Means that government cannot search without any warrant. And the government
After the horrific terrorist attack on the date of September 11th, 2001 the U.S has passed a law to help prevent terrorist attacks. Through the use of tapping phone lines and checking citizens Internet usage. The U.S. department of Homeland Security’s purpose was to organize the National Security Agency, the Pentagon, the Federal Bureau of Investigation and the Central Intelligence Agency. The design was intended to product the people of the U.S. It allows the government to search people’s home without a warrant. The causal factors that allow the government search through without warrant are: emails, phones and search engine searches. There is a problem the 4th amendment “The right of the people to be secure in their persons, houses,
In society today many citizens feel violated with the security methods taken by homeland security. “On September 11, 2001, terrorist attacks against the United States marked the beginning of the global war on terrorism. The methods used are justifiable as they provide protection against possible threats or attacks. This attack on U.S. soil increased surveillance of both American citizens and foreign nationals” (Andrew, C., & Walter,
Government Surveillance shows two contradicting constitutional values, freedom and security; although, it is the governments job to protect its citizens, which is ideally what these programs are for, many people believe that these programs infringe on their 1st and 4th amendment rights. Our currentl government surveillance programs are operating with in the law because the USA Patriot Act gave the government “sweeping new surveillance powers,” along
Patriot act goes against the constitution and Peter Justice says that “Many of the Patriot Act's provisions violate the Constitution, particularly the First Amendment, which protects free speech, and the Fourth Amendment, which protects against unwarranted search and seizure.” Going against the first and fourth amendment violates the main rights given to us. The divine rights of men is clearly being taken away as a nation. This is unconstitutional because it no longer abides by these rules America has been going by for hundreds of years. It slowly reduces all restrictions of the government. America was created because people were oppressed by the British government and although the nation is not oppressed yet what can we do to stop them when the government wants to start oppressing the nation? ? The Act makes the law enforcement and immigration authorities in detaining and deporting immigrants suspected of terrorism-related acts larger broadening the jurisdictions. It also expands the definition of terrorism to include "domestic terrorism."”(PressTV) Which can be lead them to investigate any probable cause they think would be harmful. Representatives even say that “"It severs the very foundation of the Fourth Amendment to say that government can invade a person's privacy and gather information against them without having a sound basis for suspecting that they've done something wrong," said former Representative Bob Barr (R, Georgia), one of the Patriot Act's
The Patriot Act was signed into law on October 26, 2001 by President George W. Bush. The act expanded the surveillance capability of both domestic law enforcement and international intelligence agencies. When this law was passed it was under the assumption “to deter and punish terrorist acts in the United States and around the world, to enhance law enforcement investigatory tools, and for other purposes” (The USA Patriot). The Patriot Act has given the government the power to spy on the average American through monitoring phone records and calls, gaining banking and credit information, and even track a person’s internet activity. This is an unbelievable amount of power intelligence agencies wield all under the umbrella of national security. This power has gone too far, is unjustified, unconstitutional, and infringes on the privacy of the
I believe many people are unhappy with the provisions of the Patriot Act because it gives government officials the right to invade your personal space. The Patriot Act which stands for; "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001" enables the freedom of association, information, unreasonable searches, the right to a speedy and public trial, and the right to liberty. Americans do not like their privacy being invaded; although government officials think it’s a reasonable case to protect our society some things should be considerate with entering personal private settings. Phone tapping, computer/internet searches, searches of homes or business without notifying the
In a legislative response to the 9/11 attacks, Congress almost unanimously passed the USA Patriot Act in October 2001. This legislation rendered against the Fourth Amendment and numerous more legal protections to permit law enforcement agencies to perform thorough searches without proper warrants. Searches that ranged from evaluation of financial transactions, cellular communications, and other intrusive tactics to reduce the possibly of another terrorist attack like 9/11. Although this act provided significant results in terms of reducing the threat of terrorism, it fails in the protection of basic human rights and the Constitution. Several hundreds of people were unjustly detained within the year following the 9/11 attacks, in suspicion,
Despite the Fourth Amendment being created to protect the privacy of the American people, the NSA and other government agencies have put that to the test by using legislation such as the Patriot Act to data mine Americans, keep records on individuals, and create a tension between the American people and the Government, although it has helped the war on
The Homeland Security Act of 2002 impacted the American people without many of them realizing it. The act called for increased monitoring of computer networks, phone lines, and online history inside the United States and allowed the government to deport suspects (ACLU). What was created by the act has snaked its way into all aspects of our lives, creating a sense of order and restricting some freedom. However, some say that this imposition into our daily lives limits our freedoms and actions allowed us by the Constitution. Many interest groups voice strong resentment for the act while others try to demonstrate the strengths and triumphs of the Homeland Security Act. This paper will show the differing viewpoints of those that feel that the