Individual Privacy VS National Security
ENG 122: GSE 1244A
Instructor: Ebony Gibson
November 1, 2012
Individual Privacy VS National Security
Since the terrorist attack of 9/11, America has been in a high level conflict with terrorist around the world, particularly the group known as Al Qaeda. There has been many discussions within the U.S. Congress about the measures of how to effectively combat this organization and their members, here and abroad. Consequently, the issue of individual privacy vs. national security has generated discussions within the civilian and government sectors. To date, the discussions continues with many private citizens who feels they are constantly losing their privacy , when will it end, and how long will it continue. In this report, it will discuss where privacy issues began and where the public see individual privacy vs. national security come together in its most recent society. Do the public succumb to total governmental control, or do they propose continued debate in the nation’s process of the national security process. There are always two sides of a story, the pros and cons, the laurels and pitfalls, or the good and the bad, and for the public, it has to decide which side in each of these is the right side it feels is the best possible side to be on. One hand, national security is decided by the government to protect its citizens, by the measures it puts into place it feels is necessary, and what duration these measures will be in effect. On the other hand, the level of security and safety is set without discrimination to all. This results in the dilemma of the battle between individual privacy versus national security issues, that are essential to the individual, the public, and government. The Claim: What privacy should an individual lose to protect against terrorist because It gives society a level of feeling protected by the protections in place. The public can only maintain a limit of safety by giving up a degree of privacy to governmental agencies in order to protect this basic need; and it is a trade off to give up a certain amount of privacy, but not complete privacy.
Justification of Claim:
The justification of the claim is that it is prudent and the right of the public to debate the process of privacy, which the public has come to rely on for many years. Even though limited under the constitution, privacy rights and national security is important to the country’s citizens on all levels of government. The Bill of Rights is the area where citizens' rights are specified, and over the years of war, and specifically after 9/11, citizens have seen and felt an erosion of their rights. Constitutional protections of individual rights not expressed specifically by the Bill of Rights is being at best controversial, (Linder 2012a). Many originalists, including most famously Judge Robert Bork in his ill-fated Supreme Court confirmation hearings, have argued that no such general right of privacy exists. The Supreme Court, however, beginning as early as 1923 and continuing through its recent decisions, has broadly read the "liberty" guarantee of the Fourteenth Amendment to guarantee a fairly broad right of privacy that has come to encompass decisions about child rearing, procreation, marriage, and termination of medical treatment. Polls show most Americans support this broader reading of the Constitution, (Linder 2012b). Looking forward under this decision, each citizen relies on its government to maintain a fair level of protection and security as well as maintaining a balanced level of privacy. The justification for this claim shows how the rights of individuals is a must, within the American society, compared to the national security of the country’s territory and a balanced approach it must give to its people within previous rulings.
Individual Privacy vs. National Security
After 9/11 a set of laws was set in place...
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(Kandra et al., Jan 2002): 37-41PC World 20
Linder, D. (2012). Exploring constitutional law. Informally published manuscript, educational, non-commercial site, umkc.edu, Kansas City, United States. Retrieved from http://law2.umkc.edu/faculty/projects/ftrials/conlaw/home.html
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Downing, (2008a) and (2008b)
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