8 May 2013
The National Security Act vs. the fourth amendment; The rights of the American people set in place in 1791 becoming dim and gray in the eyes of the government.
The uproar that was created by the government on June 06, 2013 was enough to catch the ears of all Americans. The fourth amendment was being over ruled. No one knew how to stop, what this will lead too and who gave the government the power to do it. Or could it be something more sinister. A bylaw set in place to overrule the fourth amendment. Ways to get around it without creating treason on our constitutional rights. Has the system that was set in place to keep us safe failed us by the government that we put in place?
First, The Fourth Amendment reads-"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized (Cornell University Law School)." Unfortunately, that is not the case in a today’s world. The Fourth Amendment to the U.S. Constitution protects personal privacy, and every citizen's right to be free from unreasonable government intrusion into their persons, homes, businesses, and property -- whether through police stops of citizens on the street, arrests, or searches of homes and businesses.
In 1952, under President Truman, the National Security Agency was created. Its original design was praised by many. Its intent was to collect reasonable information for collecting, processing, and disseminating intelligence information from foreign electronic signals for national foreign intelligence and counterintelligence purposes and to support military operations (McSherry). Over the last few years the Obama administration as create new ways to maneuver around the fourth amendment in hopes to help protect the people against terrorist attacks, by catching these people before they can do harm against others and the government. With these new ways to conduct these searches, there may have been some infringement against its people and there amendment set in place to keep them safe. Suggesting that the government now very well may, have too much power and not enough governing to put an end to it. But it didn’t start here. These actions date all the way back to the 1975, only two years after the Supreme Courts rules that warrants are required for domestic intelligence surveillance (Cornell University Law School).
Second, examples that have shown these heinous crimes against the American people. The Washington Post wrote on an article speaking to Americans that many of the Website search browsers were secretly giving the government all its collection data from what was searched (Mirabelli). This was kept out of the Americans line of sight and covered up very quickly to stop an outrage of the American people. Although after further evidence that this was going on there was still not enough proof or reason to call it a violation on the fourth amendment. But many have said that it still is evasion of privacy and it’s a crime.
In 1975, the Senate “Church Committee” investigation uncovers illegal domestic spying by the NSA (National Security Agency). Senate investigation stemming from Watergate, led by Sen. Frank Church, finds the NSA and other intelligence agencies engaged in a massive domestic spying program, targeting anti-war protesters, civil rights activists, and political opponents. Sen. Church remarked: "That capability at any time could be turned around on the American people, and no American would have any privacy left, such is the capability to monitor everything: telephone conversations, telegrams, it doesn't matter. There would be no place to hide." (AARC Public Library Contents)
A perfect example of this would be the Watergate Scandal....
Cited: AARC Public Library Contents. AARC Library. 1984. 08 May 2014.
Cornell University Law School. Legal Information Institute. 1992. 07 May 2014.
Eichenwald, Kurt. 500 Days: Sercret Lies in the Terror Wars. New York: Touchstone, 2012. Narrative.
Litchtblau, Eric. Bush 's Law: The Remaking of American Justice. New York: Anchor, 2009. Reports.
Mirabelli, Eugene. Critical Pages. 2014. 08 May 2014.
Office of the Inspector General. ST-09-0002. Presidential Authorizations. Washington: National Security Agency, 2009. Document.
Offices of Inspectors General. www.dni.gov. 10 July 2009. Report No. 2009-0013-AS. 10 May 2014.
Staff, History.com. History.com. 2009. 8 May 2014.
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