Analysis Of The National Defense Administration Act (NDAA)

Thus, the immediate federal response to the World Trade Center attack by some terrorist group was the creation of the Patriot Act which contains the following contents with some to strengthen domestic security and ethical issues. According to the U.S Department of justice.gov. “It stated that the creations of the act, pertains to the country’s protection of civil liberties, which authorizes federal money to accomplish much of the act 's provisions, it allows the Secret Service to create a nationwide electronic crime task force. The president can confiscate the

NDEA: The National Defense Education Act was passed in 1958, one year after the Gaither Report came out, and put a strong emphasis on Math, Technology, and Sciences in defense-related situations. (missile gap > technological gap > research gap > education gap) The goal was to put the US ahead in winning the “brain race”. Some effects of this were heightened enrollment/acceptances into university/colleges (increased amount of tax money and federal budget going to funding education/research). Overall $2 billion was put into putting the US getting educationally ahead.

After the terrorist attacks on the World Trade Center on September 11th, 2001 the United States became a very different place. This drastic change was caused by the initial emotional reactions that American citizens, as well as government leaders had towards the tragic event. The government, in an effort to assure that these events never happen again passed the USA PATRIOT Act, which is an acronym that stands for the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act. The major goal of this act is to combat terrorism by giving the government more leeway in what areas they are allowed to use their surveillance tools and also to what circumstances these tools can be used. The major issue that arise with this act are the fact that many of the act can be seen as unconstitutional.

The Patriot Act was established after the tragedy of September, 11, 2001 in a moment of weakness. It gave unprecedented and unnecessary powers to intelligence agencies under the wide umbrella of national security. The Patriot Act has used an “us vs them” mentality as well as pro-American propaganda to accomplish its goals. This new authority of the intelligence agencies has gone too far, is unjustified, unconstitutional, and infringes on the privacy of the American people, as well as others in the world. The Patriot Act should be weakened in order to preserve the rights of the American people and to reaffirm to the world that the U.S will not tolerate violations of human rights.

The PATRIOT Act abuses the privacy of American citizens. It has denied the nationals of this nation of a portion of the essential rights that were guaranteed to them in the Constitution. The rights that the PATRIOT Act puts into jeopardy are intrinsic and it is the responsibility to secure our inherent rights. The USA PATRIOT Act is an Act of Congress that was marked into law by President George W. Bush on October 26, 2001. Its title is a ten-letter acronym (USA PATRIOT) that stands for "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001. After the attacks on the Twin Towers and the Pentagon the United States has created relief controls

The three amendments that are used to protect the rights of those accused of a crime include, the Fourth, Fifth, and Sixth Amendment. The Fourth Amendment protects the right of people to be secure in their persons, papers, and effects, against unreasonable searches and seizures. (Peak, 2015, p.181). The Fifth Amendment protects the accused against self-incrimination, double jeopardy, and life, liberty, and property. Meaning no person will be forced to be a witness against themselves, they cannot be tried for the same offense twice, and their right to life, liberty, and property are protected under the law. (Peak, 2015, p.193). The Sixth Amendment is the right to counsel. Any person who is accused of a crime has the right to counsel for their defense, a speedy and public trial by an impartial jury, to be informed of the nature of their crime which also includes Miranda rights, and to be confronted with the witness against him/her while also having witnesses of their own. (Peak, 2015, p.195). These three Amendments in summary mean to me, that any person who is accused of a crime is innocent until proven guilty and their rights are just as important as anyone else. They have the natural born right to have their rights as citizens protected under the law, and ensure fair treatment from law enforcement officers.

The three amendments that are used to protect the rights of those accused of a crime include, the Fourth, Fifth, and Sixth Amendment. “The Fourth Amendment in the Constitution, contains protection against unreasonable searches and seizures and protects people’s homes, property, and effects” (as cited in Peak, 2015, p. 180). “The Fifth Amendment in the Constitution, among other protections, guards against self-incrimination and double jeopardy” (as cited in Peak, 2015, p. 180). “The Sixth Amendment in the Bill of Rights, guarantees the right to a speedy and public trial by an impartial jury, the right to effective counsel at trial and other protections” (as cited in Peak, 2015, p. 180). These three Amendments, in summary mean that any person who is accused of a crime is innocent until proven guilty, and their rights are just as important as anyone else. They have the natural born right to have their rights as citizens protected under the law, and ensure fair treatment from law enforcement officers.

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

While many claim that the Patriot Act is an attack on Americans’ civil liberties, there is a strong case for the Act and the changes it brings. An article published in the Washington Post looks at the claims made by the ACLU and systematically pokes gaping holes in them. For one, the claim that NSLs can be issued without a judge’s approval is only partially true. While a normal search warrant is issued to law enforcement by a civilian judge, “the FBI can do nothing under Section 215 without the approval of a federal court.”(Mac Donald, In Defense). The idea of a federal judge issuing an NSL to spy on someone who “wrote a letter to the editor that criticized government policy"(Mac Donald, In Defense) as the ACLU claims, is inconceivable. Another critique made by the ACLU is against the Act’s “Sneak and Peek” provision. While described as a blatant power grab by the government, there is a long precedent for the delay of notice regarding a search warrant. Especially when such a

The Patriot Act allows the United States to use surveillance and wiretaps to keep its country safe from terrorists and other radical groups. This impacts our lives everyday whether we know it or not, by such as a one

The National Defense Authorization Act (NDAA) for Fiscal Year 2012 (H.R. 1540) was introduced into the 112th Congress on April 14, 2011 by Representative Howard P. "Buck" McKeon (R-CA), chairman of the Armed Services Committee (Library of Congress, 2012). The NDAA 2012 was cosponsored by Rep. Adam Smith (D-WA), a ranking member of the Armed Services Committee. This bill essentially authorizes annually federal funding for all Department of Defense operations, including the military, and defense operations within the Department of Energy (OpenCongress, 2012). The amount budgeted for the 2012 fiscal year was $662 billion (Mariner, 2011, para. 14), which represents about 73 percent of the total defense budget and just over 18% of the entire federal budget (Chantrill, 2012).

The sixth amendment of the Bill of Rights is about how an accused person has the right to a speedy and public trial by an impartial jury, the right to control witnesses against that person, and the right to a lawyer for their defense. This means that a suspect of a crime has the right to a fast and public trial by an impartial jury, the right to meet witnesses against the person, and the right to a lawyer to aid them. For example, a person does not have to wait for 20 years just for their trial like in the old times, now they can now have a fast trial and publicize it if they want. The accused also have the right to challenge the witness and they get the choice of having a lawyer or not. My argument for this amendment is that the accused do

The Fifth Amendment in US constitution was proposed by Congressman James Madison on June 8, 1789 and was passed on September 25, 1789. It was later ratified by Congress on December 15, 1791 as “Bill of Rights”. It provides a number of rights which are relevant to both Civil and Criminal legal proceedings. In Criminal cases, it provides a right to Grand Jury. It forbids “double jeopardy” and also protects against self-incrimination. In Civil cases, it requires the “due process of law” to be part of proceedings which denies a citizen “life, liberty or property”. At the same time it requires government to

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

As mentioned before, scholars and legal community debate sections Section 793, 794, and 798. Grievances extend further than violations of the First Amendment rights, but include the nature and substance of the act as well. Lindsey B. Barnes explains, “defendants have challenged the Act as unconstitutionally vague, grossly overbroad, and inconsistently interpreted.” In her piece, “Changing Face of Espionage: Modern Times Call for Amending the Espionage Act”, Barnes proposes, “[the Espionage Act] needs revision and to create a more consistent application of the law.” Both Barnes and Robert D. Epstein call for revisions to the as simply as changing the wording of key phrases. Epstein suggests removing term “national defense” because it