Justification of Survailence (the Us Patriot Act)
HSM 311: Ethics of Homeland Security
The USA PATRIOT Act Justification of Survaillence
May 9, 2011
The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act, better known as the USA PATRIOT Act, or simply the PATRIOT Act was introduced on October 24, 2001, only 45 days after the devastating terrorists attacks of 9/11. It passed nearly unanimously, with only one person total in both the House or Representatives and the Senate voting against it. This law has many aspects, but perhaps the most controversial is the authorization of surveillance procedures, and the legitimacy of these provisions in regards to the Fourth Amendment of the United States Constitution. The following is an examination of the moral and homeland security implications this Act has on the American people and the American Constitution.
To better understand the Fourth Amendment, we must look at its historical origins. While still under British rule, the colonists were subjected to general warrants and “writs of assist” which gave the government blanket power to search unspecified people and property st their own discretion. This allowed the government (at the time, the King of England) to stifle the press, quell political change, and generally harass those that had differing and unpopular opinions politically and socially. This was the reason that the Fourth Amendment was put into the Constitution, because citizens should not be searched when unless there is probability and due cause. This is also why the First Amendment is so important, because if the freedom of speech and expression is not honored, having a different opinion could be deemed "probable cause". As the law stands, US citizens have a right to feel and speech differently from the "normal" population without fear of being prosecuted for their beliefs. (German, ACLU 2011; The US Constitution online)
Some argue that civil liberties can and should be restrained during a
The USA PATRIOT Act Justification of Survaillence
May 9, 2011
The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act, better known as the USA PATRIOT Act, or simply the PATRIOT Act was introduced on October 24, 2001, only 45 days after the devastating terrorists attacks of 9/11. It passed nearly unanimously, with only one person total in both the House or Representatives and the Senate voting against it. This law has many aspects, but perhaps the most controversial is the authorization of surveillance procedures, and the legitimacy of these provisions in regards to the Fourth Amendment of the United States Constitution. The following is an examination of the moral and homeland security implications this Act has on the American people and the American Constitution.
To better understand the Fourth Amendment, we must look at its historical origins. While still under British rule, the colonists were subjected to general warrants and “writs of assist” which gave the government blanket power to search unspecified people and property st their own discretion. This allowed the government (at the time, the King of England) to stifle the press, quell political change, and generally harass those that had differing and unpopular opinions politically and socially. This was the reason that the Fourth Amendment was put into the Constitution, because citizens should not be searched when unless there is probability and due cause. This is also why the First Amendment is so important, because if the freedom of speech and expression is not honored, having a different opinion could be deemed "probable cause". As the law stands, US citizens have a right to feel and speech differently from the "normal" population without fear of being prosecuted for their beliefs. (German, ACLU 2011; The US Constitution online)
Some argue that civil liberties can and should be restrained during a
References: Retrieved from: http://www.dhs.gov/xlibrary/assets/DHS_StratPlan_FINAL_spread.pdf Robert La Follette 's “Free Speech in Wartime” (October 6, 1917) U.S. Department of Justice. (2001) Retrieved from http://www.justice.gov/archive/ll/highlights.htm Upper Saddle River, New Jersey, 07458.