The conception of human rights and freedoms is the cornerstone of American traditions, law and the indicator of democracy. The approach of prevailing interest in personal privacy, property privacy and non-interference of state authorities in private affairs is the basic ground for modern organization of American society. For centuries the courts have been standing safeguards of protection of persons against unreasonable intrusion of the State, generally interpreting the Constitution and the Bill of Rights with preference of personal human rights protection. Nonetheless in the end of the 21st century there appeared several factors which so much influenced our society that the matters of homeland security and protection raised with extraordinary emphasis and the thesis that the national security is more important than human rights causes no surprise.
This research is focused on this controversial issue and contains the analysis of the reasons which changed the scale; the overview of national security vs. human rights from the points of view of internal and external national policy; the argumentation pro and contra preponderance of national security over personal human rights with the examples of concrete rights and evidence; the conclusion.
So why the validity of what was right earlier should be now the subject of reconsideration? Among the reasons which preconditioned giving more political and legal importance to the national security over protection of individual rights and freedoms the general reason is the need to prevent U.S. citizens, infrastructures and lands from the increased threat of terrorist attacks, the protection of U.S. borders from potential foreign invasion.
Another important factor which influenced the change in traditional legal and political doctrine is the globalization. Once, the rights of U.S. citizens guaranteed by the Bill of Rights have been expanded and extrapolated around... [continues]
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