How Civil Liberties Are More Important Than Homeland Security
What is homeland security? The exact definition of homeland security is “Precautions taken by the government of specified country against terrorist attacks” according to Dictionary.com. However, when it comes to protection, are the people of the US willing to give up their natural civil liberties? The civil liberties, found in the Bill of Rights, are the people’s fundamental rights; such as freedom of speech, religion, and even privacy. These rights are protected by law against unwarranted governmental interference on their lives. Benjamin Franklin once said, “Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety”(from npr.org).
Before the Obama Administration was in charge of secretly collecting phone records and accessed the internet activity of many, there was the Bush Administration. In late 2005, President George W. Bush authorized the National Security Agency. With this organization, they are able to monitor phone calls and emails without court permission. Just a year later, public support for the
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Many argue, including Deborah Jacobs, executive director of ACLU (American Civil Liberties Union of New Jersey) that the Patriot Act violates the 4th Amendment. What many do not know, is that there are warrants that the government use for homeland security. Warrants such as the ‘Sneak and Peek Warrants’ or the ‘Trap and Trace Searches’. The American Civil Liberties Union argued how the ‘Trap and Trace Searches are a breach of the 4th Amendment because their are no probable cause requirements in obtaining the warrants. In fact, according to Pewresearch.com, 32% of the people asked said they were more concerned that the government has gone too far in restricting the average person’s civil
The Patriot Act, an act passed by Congress in 2001 that addressed the topic of privacy in terrorist or radical situations, is controversial in today's society. Although it helps with protection against terroristic events, The Patriot Act is not fair, nor is it constitutional, because it allows the government to intrude on citizens' privacy, it gives governmental individuals too much power, and because the act is invasive to the 4th amendment right. To further describe key points in the act, it states that it allows investigators to use the tools that were already available to investigate organized crime and drug trafficking, and it allows law enforcement officials to obtain a search warrant anywhere a terrorist-related activity occurred.
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
The position held by those who disagree with my view would believe that the Patriot Act is a complete and total violation of Americans rights. They would believe that this is a violation of the fourth, fifth, sixth, and eighth amendments. The act allows the government to get around the Fourth Amendment by allowing them to track who visits which website, and read private emails. (Johnson) Specifically, critics say that this act makes it a lot easier for the federal government to many things, such as obtain information about people, and eavesdrop on telephone conversations. Soon after the Patriot Act was accepted, many people voiced their differing opinions of it. People in civil liberties groups believed that the act took too much freedom away from the people. They believed it violated the 4th, 5th, 6th, and 8th amendments. The 4th amendment states that searches and seizures can only take place
The USA Patriot Act grants government agencies powers in terrorism investigations that it already uses in non-terrorist crimes. Several law abiding citizens have been approached, questioned, and interrogated without probable cause of any criminal activity, basically for engaging in political speech protected by the constitution (Bailie, 2012). The Act freely eliminates privacy rights for individual Americans, it creates more secrecy for government activities, which make it extremely difficult to know about actions the Government are taking.
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
The U.S. government overreaches the limits of the fourth amendment by illegally spying, collecting data from citizens, and cannot confirm the intention is actually to foreigners although it may help to prevent terrorism. It's unfair that the NSA and U.S. government are able to invade the privacy of anyone from innocent mothers to bank robbers when actually only the bank robbers phone calls should be surveilled. Without the protection of the fourth amendment life in the United States as its known would come to an end.
Although the Fourth amendment protects our privacy and safety the government should be aloud to search our personal property with a search warrant given with a probable cause. A search in the eyes of the Fourth Amendment arises when a governmental employee or agent violates an individual's acceptable idea of privacy explains Cornell University Law school. Also, The American Civil Liberties Union says Fundamental problems say the government can not collect surveillance without probable cause. FISA amendment act signed into law by president Bush in 2008 expanded government authority to monitor Americans electronic communications claims the United states Senate Committee on the Judiciary. David Sirota Author of “Does the government actually understand
America’s Founding Fathers believed in establishing a strong democracy that focused on the individual rights of man. The idea of moralities that humans naturally possess was a strong influence in the establishment of a country that attempts to provide a written decency that all should have a right to receive. The fourth amendment right against unreasonable searches and seizures, along with many others, created in the Bill of Rights has become seemingly infringed in the name of security and overall welfare to all.
“The Homeland Security Act of 2002 established the federal United States Department of Homeland Security. Its stated mission is to secure the nation against terrorist attacks, to protect against and respond to threats and to ensure safe and secure borders” (Andrew, C., & Walter, F., 2013). “In addition to reducing the nation’s vulnerability to terrorism, the act was also created minimize the damage and facilitate recovery from any attacks that may occur” (Homeland Security, Department of, 2017). Many people want protection from dangerous situations, but what’s the cost of protection.
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 the entire span of the United States history, the commitment of the protection of Americans civil liberties have frequently been tested and strained. The biggest breach of national security was on September 11, 2001 which ended in the compromise of the trust of American people because they had felt lied to and vulnerable all because of a broken pact and a failure to protect America with an agency founded to prevent such a catastrophe. After these acts of terror Congress felt they needed to do better and step up their game, they decided it was time to act so just one vote short of unanimous bipartisan support, they passed the USA Patriot Act. The measure gave law enforcement officials sweeping new powers to conduct searches without warrants,
The US Patriot Act was a very controversial act that was created after the events of September 11, 2011. Although many sanctions under the US Patriot Act grossly violated the fourth amendment in several ways, congress felt it was necessary to protect the nation. Sections that violated the fourth amendment are: the sneak and peek warrants included in section 213, roving/warrantless wiretapping of section 206, and finally trap and trace searches of section 214. These are just a few of the many violations I can account for. The Fourth Amendment is part of the Bill of Rights that was added to the Constitution in 1791. It protects people from unlawful searches and seizures. This means that the police can't search you or your house without a warrant or probable cause. Are we truly willing to override the Constitution in the name of national security?
The government’s interpretation of the Fourth Amendment has been used to amass a collection of phone records, gain access to other records, and carry out search and seizure without a warrant; however, the government has used this approach to find threats to America.
The Fourth Amendment gives people the right to be secure in their persons, house, papers, and effects, against unreasonable searches and seizure. Warrants shall only be issued with probable cause, supported by Oath or affirmation. Furthermore, the place to be searched should be described, and the person or things to be seized. After 9/11 America’s view on terrorism changed and so did its approach to intelligence gathering. Just weeks after 9/11 the USA PATRIOT Act of 2001 was passed. Eventually the USA PATRIOT Act expired and was replaced with the USA FREEDOM Act. These Acts generated a tremendous amount of controversy, however I believe it does not violate a person’s Fourth Amendment rights.
Finally, security loses its worth if not accompanied by rights. Benjamin Franklin states that "Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither liberty or safety" Without Liberty, Security is purposeless. The entire purpose of national security is to protect the American way of life and what our nation