...PROTECTING CIVIL LIBERTIES IN THE AGE OF TERRORISM Name Institution Professor Date Protecting civil liberties in the age of terrorism Balancing civil liberties and fighting terrorism is a delicate task that is affecting the Department of Homeland Security (DHS). It is evident that most Americans want the government to fight terrorism and at the same time, efforts against terrorism should not infringe on their civil liberties that are enshrined in the constitution. Polls conducted in the United States reveal that Americans are divided on the issue. Some feel that it is important for the government to safeguard civil rights and liberties than to protect citizens against terrorism, while others feel that it is important for Americans to sacrifice certain liberties in order to fight terrorism. The revelations by Edward Snowden that the government engages in massive surveillance through the NSA (National Security Agency) bring out the urgency of this topic. The passage of the Patriotic Act was the milestone in the fight against terrorism, but it has been controversial from the start. Proponents of this law argue that it is important if the fight against terrorism is to succeed. It is argued that the provisions of the Act empower law enforcement agencies to gather evidence and diffuse terrorism threats. On the other hand, opponents of the legislation view that it gives law enforcement agencies excessive powers and without the lack of restrictions, individual rights will...
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...All those who seek to destroy the liberties of a democratic nation ought to know that war is the surest and shortest means to accomplish it” Alexis de Tocqueville. I personally believe that we do not need to restrict our civil liberties as stated in the Bill of Rights in order to protect American citizens from terrorist organizations. Civil liberties are the personal guarantees and freedoms that the government cannot abridge, either by law, constitution, or judicial interpretation which include the freedom from slavery and forced labor, freedom from torture and death, the right to liberty and security, right to a fair trial, the right to defend one's self, the right to own and bear arms, the right to privacy, freedom of conscience, freedom of expression, freedom of assembly and association, and the right to marry and have a family ( Conner, Sabato, 2011). Yes, it is very important for us to worry about terrorism and to defend our country but it is not necessary for our government to take away our civil liberties in the process. So where does this leave us? Do we let terrorism scare us into losing our civil liberties or do we ignore terrorism and keep our rights? I do not think we have to compromise our safety from terrorism to keep our civil liberties, there has got to be a common ground where everyone can keep their civil liberties and still be safe from terrorism. I believe that restrictions in civil liberties violate the underlying principles of American democracy greatly...
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...Abstract After the September 11, 2001 terrorist attack on America, numerous articles and books were published. These articles and books analyzed why the 9/11 attack happened and proposed solutions on how to prevent terrorist attacks in the future. Alan Dershowitz contributed to this body of literature from a lawyer's perspective in his book titled Why Terrorism Works: Understanding the Threat, Responding to the Challenge. In an article from the book titled, Should the Ticking Time Bomb Terrorist Be Tortured, many of his suggestions such as the use of torture, are rather controversial; however, Dershowitz encourages people to rethink current notions of security, liberty, and international law. Alan Dershowitz acknowledges that he is not an expert on terrorism; his opinions, suggestions and methods in his articles and books were written using his lifetime of experience in crime and violence from the perspective of a defense lawyer and a professor of criminal law and knowledge of psychology. HLS 410 OL 009 FINAL PROJECT Alan Dershowitz is a professor of law at Harvard Law School, a civil libertarian, and a staunch advocate of First Amendment causes. He is a...
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...country would be unstable and terrorists would have a “stranglehold” on the U.S. The PATRIOT ACT’s modifications to meet the evolution of technology represent an adaptation of existing laws to developments in international terrorism and technology (Gerdes 29). These new modifications are hardly critical to enhancing national security. Sure, they might help to improve it, but there are other “courses that can be taken to improve” national security other than just updating legislation with blanket terms and blasé definitions of terrorism. More importantly, those who believe that the PATRIOT ACT does not violate civil liberties of citizens are deluded. Not only was the Act drafted, “debated” and passed in only 45 days, but most of those who passed the law did not even read it (CITE). Those that read the PATRIOT ACT would have realized that it potentially violates six of the ten original Constitutional amendments by granting broad new powers to law enforcement therefore permitting law enforcement officials “to sidestep or avoid entirely many traditional controls on surveillance, investigation, arrest, and prosecution of civilians residing in the United States” (Gerdes 79). Overall, while some argue that civil liberties are protected by the PATRIOT ACT. If liberties are protected, it makes no sense to have to sidestep or circumvent traditional means of enforcing legislation. If there is a problem with the system, the system begs for reformation, not a shiny piece of legislation which...
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...contract theory, which was originally founded by Plato. But such ideas has been expanded and taken one step further by many philosophers. This idea of a social contract is one of our most essential foundations of our American political system. The debate of how much of our liberties needs to be taken away to ensure our security has been a long lasting one. One of our most iconic founding fathers, Benjamin Franklin, said, “Any society that would give up a little liberty to gain a little security will deserve neither and lose both.” When we give governments power, they will use them for their own self-interest and when needed for their preservation. In the last decades there have been many technologic advances and our government need to adapt to these changes. The Patriot Act was but into law because our congress believed it was the right course of action to protect our nation’s security. Nonetheless, The Patriot Act undermines one of our most fundamental civil liberties and questions the integrity of our American democracy. Six weeks after September 11, 2001 congress passed a new law named, The Patriot Act (The Uniting and Strengthening America by Proving Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001). After these attacks, the nation’s top priority was to defend its citizens from other acts of terror. Many politicians argued that these terrorist attacks succeeded because we as a government did not have the necessary tools to stop them. Part of the problem...
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...be watching; therefore, society grapples with the relationship between civil liberties and homeland security. Belief structures underlying the relationship of liberty and security vary among different political orientations in the United States. The disclosure that the Obama administration surreptitiously accessed phone records and infiltrated the internet activity of millions of Americans, has elevated brand-new questions about the public’s enthusiasm to sacrifice civil liberties in the interests of homeland security. This thread will provide a brief synopsis on how American’s can understand the balancing of a civil liberties perspective...
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...The Patriot Act, the Two Arguments On September 11, 2001, the United States suffered its most devastating terrorist attack ever. Nearly 3000 lives were lost in the synchronized assaults on the Pentagon, New York City World Trade Center, and a downed plane in the fields of Pennsylvania. In response, Congress enacted The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, and signed into law by President George W. Bush on October 26, 2001. Commonly known as The Patriot Act, it was meant to provide justice to an emotional nation. Its significance lays in expanding the definition of terrorism, and affords government agencies and law enforcement the tools they need to combat terrorism wherever it may be. The Act proved to be a controversial from its early stages. It immediately raised questions with several U.S. congressional representatives, notably Senator Russ Feingold, the single opposing vote in the senate. As more legal implications of the provisions in the Patriot Act became...
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...W. Bush was under great pressure to restore the nation’s confidence and security. Acting fast, the lengthy and complex Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act, or USA Patriot Act was established on 26 October 2001 “just forty-five days after it was introduced” (Alex, Carrington, & Ward, 2008). The aggressive security measures combined with “the vague nature of the wording and the broad exception clauses” has steadily kept the light on the Patriot Act (Theissen, 2012). The Patriot Act was supposed to protect and builder a stronger defense against terrorism, to prevent future attracts on U.S soil. Instead it allowed law enforcement to violate the people’s civil right to privacy. It is an “example of a good idea gone too far [and] how the Patriot Act has been used in an effort to expand government powers in areas having nothing to do with terrorism” (Dempsey, 2012). Debatably, the amendment is written for open interpretation for law enforcement to use as they see fit. This is seen when “from 2006-2009, [Section] 213 was abused 1,740 times granting sneak and peak search warrants involving drugs [and] or fraud, … only 0.8% sneak and peak warrants were used in the suspicion of terrorism” (Timm, 2011). This is a clear violation of the Fourth Amendment which states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be...
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...important, along with a brief overview of these titles, I will also provide some background information, controversial issues, alternatives, and some of my own recommendations on how to improve the Patriot Act. Lastly, like many other Acts or laws there have been many changes and amendments to the Patriot Act over the last several years, this being said I will also supply the reader with an update on the Act’s current status. Background The USA PATRIOT Act is the acronymic form of the act President George W. Bush signed into law on October 26, 2001; this act was enacted by the 107th United States Congress. The acronym stands for “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001” (Doyle) The Patriot Acts stated purpose is to...
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...Judiciaries Focus upon the idea of law enforcement and statutory interpretation. Link the judiciary to the concept of the rule of law and thus to the constitutional importance of an independent judiciary in a modern liberal democracy Role – law enforcement, statutory interpretation, legality of government decisions, application of EU and HRA, protect citizens rights and liberties and potential for involvement in political process (note reduced by creation of Supreme Court however some judges will still seek to make political points especially with regard to political interference in judicial decision making). Consider issues of relative importance between the above factors. Role and power of judiciaries Powers – Judicial Review, Human Rights Act and application of EU law in the UK. Traditionally UK judiciaries only had judicial oversight of decision making by public bodies thus lacking legislative oversight but this has come into force with application of HRA and EU legislation albeit for HRA can only highlight incompatibility and not strike down as in case of US (note can force compliance in case of EU law) Judicial Review – applies to all public bodies can be granted on grounds of ultra vires, irrationality of decision and discrimination. Most cases filtered out in advance and rare for public body to lose (approx 5%). High profile cases such as Herceptin, Standard Life and BAE have forced government and public bodies to change actions (note latter Government won after appeal...
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...Habeas Corpus And it’s Impact on Civil Liberties and Terrorism. Alson Watson Professor: Scot Wilson Politics 201 November 4, 2012 Introduction In times of national crisis civil liberties are sometimes abridged in exchange for greater security. The Framers, countenancing such an eventuality, granted to Congress the power to suspend the right to a writ of habeas corpus in times of rebellion or invasion. The war on terror has created many a rift in political, judicial and civil rights circles thus creating unique circumstances in regard to dealing with individuals detained due to acts of terrorism. The Habeas Corpus Act ensures that due process is given to those who believe they are innocent of charges set upon them. However those rights to habeas corpus are forfeited when they are found to be guilty of acts against the U.S and its territories and in so doing are not subject to the trials held in a civilian court whether they are citizens or not. In this paper I look to examine the meaning of habeas corpus, its placement in the constitution and its impact on modern society’s laws, civil liberties and political/judicial stances. What is Habeas Corpus? HABEAS CORPUS is a term that was originated in the English legal system and is an important legal instrument in safeguarding individual freedom against arbitrary state action. The writ (legal action) is issued in form of an order calling upon a person by whom another person is detained to bring that person before...
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...In the wake of the terrorist attacks of September 11th, Congress passed and President Bush signed into law the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001. This Act is more commonly referred to as the PATROIT Act. The goal of the PATRIOT Act is to increase the Federal government’s wiretap and surveillance authority, remove barriers between the CIA and FBI information sharing and provide more tools to finance terrorism investigations. Major provisions that comprise the PATROIT Act easing the limitations on information that can be shared among the various U.S. law enforcement and intelligence officers about possible terrorists. A provision of this Act authorizes the use of roving wiretaps which permits any law enforcement officials to get a court order to wiretap any phone that a suspected terrorist would use. Another principle feature of the Act is the government’s ability to detain non U.S. citizens suspected of terrorism for up to seven days without specific charges. (Wallace, 2003) There is tremendous controversy surrounding the Patriot Act , since it was passed so quickly it was not clear cut what new tools were needed to fight terrorism and how individual liberties may be comprised. This law was created with lot of guesswork which makes it possible that Congress and the administration guess better in some areas then in others. No evidence has been found to suggest that any of provisions of the...
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...Required to Intercept and Obstruct Terrorism Act of 2001” or commonly referred to as the “PATRIOT Act.” This expansion of the government’s...
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...Pamela Garrett How important is the right to privacy? The right to privacy is not listed in the U.S Constitution, “but the Supreme Court has said that several of the amendments create this right. One of the amendments is the Fourth Amendment, which stops the police and other government agents from searching us or our property without "probable cause" to believe that we have committed a crime. Other amendments protect our freedom to make certain decisions about our bodies and our private lives without interference from the government - which includes the public schools.” These rights are very important to citizens in society. Without these rights, each citizen will be suppressed and violated. The rights of the individual should always be upheld. We obviously have far more rights to privacy than the citizens in the book "Matched" by Allie Condie. In the book Matched by Allie Condie, the citizens are forced to contend with a lack of privacy in their society. This lack of privacy is dangerous to society because of certain violations that this can bring; such as inference of the government in our daily lives and restriction of the fundamental rights that we are entitled to. In the book Matched, the government keeps an eye on every citizen. This constant surveillance is evidence of the lack of privacy going on in their society. The issue of lack of privacy is a major one in the story, and it was an issue that America has had to deal with. I cite the Patriot Act as an example. The...
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...Writ of Habeas Corpus: A Right or Not? Shelly Shelton POL 201 American National Government Instructor: Amy Lyons August 4, 2014 The words war, terrorism, and death strike fear, anger, and pain in to the hearts of many. We want to retaliate against those who have caused us to feel this way. To somehow make them pay for the wrongs they have committed against us. In order to do this we kill, capture and or detain them. This is a fact of war, even an undeclared one. When these persons are taken prisoner do they lose their right to fair treatment, trial by constitutional standards and civilized means of interrogation? To answer these questions and others let us look at our history as well as review how our courts have viewed cases and situations that have arisen from actual war and the war on terrorism. Looking at the history of the United States it can be seen that the framers of the Constitution took civil liberties and civil rights into consideration when writing the Constitution and the Bill of Rights. Article I Section 9 of the Constitution states “The Privilege of the Writ of Habeas Corpus shall not suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.” This writ is issued to determine if a person has been afforded due process of the law and to prevent unlawful imprisonment. It literally means “you should have the body.” (Unknown, 2013). The writ has been mentioned as early as the fourteenth century in England. The English people lived...
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