Question.2461 - Security vs. Civil Liberties Prior to beginning work on this assignment, read and review the following acts: The USA Patriot Act of 2001, 115 Stat. 272 (https://www.gpo.gov/fdsys/pkg/BILLS-107hr3162enr/pdf/BILLS-107hr3162enr.pdf) The USA Freedom Act of 2015, 50 U.S.C. § 1881 (https://www.congress.gov/114/bills/hr2048/BILLS-114hr2048enr.pdf) (https://www.congress.gov/114/bills/hr2048/BILLS-114hr2048enr.pdf) The Foreign Intelligence Surveillance Act of 1978, 50 U.S.C. § 1801 (https://www.dni.gov/index.php/ic-legal-reference-book/foreign-intelligence-surveillance-act-of-1978) Next, review the following amendments to the United States Constitution: U.S. Constitution: First Amendment (https://www.law.cornell.edu/constitution/first_amendment) Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. U.S. Constitution: Fourth Amendment (https://www.law.cornell.edu/constitution/fourth_amendment) 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. U.S. Constitution: Fifth Amendment (https://www.law.cornell.edu/constitution/fifth_amendment) No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. U.S. Constitution: Sixth Amendment (https://www.law.cornell.edu/constitution/sixth_amendment) In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. U.S. Constitution: Fourteenth Amendment (https://www.law.cornell.edu/constitution/amendmentxiv) , Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. One of the most difficult issues in criminal justice has been the balancing act between public safety and security and civil liberties. This balancing act has become even more difficult in the ongoing war on terrorism. For instance, in 2013, a government contractor, Edward Snowden, leaked classified material from the National Security Agency (NSA). The leaks revealed NSA programs that secretly collected data regarding emails, texts, and phone use by Americans without probable cause. Many people felt the actions of the NSA were appropriate and that the government should be able to compromise constitutional rights to prevent terrorism. Others felt the NSA actions were illegal and had to be stopped. While most would agree that terrorism is a serious concern, how far should the government go? After reading the Foreign Intelligence Surveillance Act, the USA Patriot Act, the USA Freedom Act and the 1 , 4 , 5 , 6 , and 14 Amendments, research the actions of the government post 9/11 and write a paper. In your paper, Determine whether the government’s overriding need to fight terrorism outweighs the 1 , 4 , 5 , 6 and 14 Amendment rights of the people within the United States. Evaluate whether or not 1 , 4 , 5 , 6 and 14 Amendments apply to terrorists since the writers of the Constitution could not have envisioned mass shootings and suicide bombers. Assess whether the USA PATRIOT Act, USA FREEDOM Act, or the Foreign Intelligence Surveillance Act violate the Constitution. Determine whether United States Government violated the Constitution by its actions pursuant to the USA PATRIOT Act, USA FREEDOM Act, or the Foreign Intelligence Surveillance Assess whether the 4 Amendment requirement of probable cause should be waived when investigating terrorism. The Security vs. Civil Liberties paper st th th th th st th th th th st th th th th th This tool needs to be loaded in a new browser window Must be three to four double-spaced pages in length (not including title and references pages) and formatted according to APA style as outlined in the UAGC Writing Center (http://writingcenter.uagc.edu/) . Must include a separate title page with the following: Title of paper Student’s name Course name and number Instructor’s name Date submitted Must use at least three scholarly sources. The Scholarly, Peer Reviewed, and Other Credible Sources (https://content.bridgepointeducation.com/curriculum/file/e5359309- 7d3c-4a21-a410-44d59303ccef/1/Scholarly%20Peer-Reviewed%20and%20Other%20Credible%20Sources.pdf) table offers additional guidance on appropriate source types. If you have questions about whether a specific source is appropriate for this assignment, please contact your instructor. Your instructor has the final say about the appropriateness of a specific source for a particular assignment. Must document all sources in APA style as outlined in the UAGC Writing Center. Must include a separate references page that is formatted according to APA style as outlined in the UAGC Writing Center. Carefully review the Grading Rubric (http://ashford.waypointoutcomes.com/assessment/21371/preview) for the criteria that will be used to evaluate your assignment. Waypoint Assignment Submission The assignments in this course will be submitted to Waypoint. Please refer to the instructions below to submit your assignment. 1. Click on the Assignment Submission button below. The Waypoint "Student Dashboard" will open in a new browser window. 2. Browse for your assignment. 3. Click Upload. 4. Confirm that your assignment was successfully submitted by viewing the appropriate week's assignment tab in Waypoint. For more detailed instructions, refer to the Waypoint Tutorial (https://content.bridgepointeducation.com/curriculum/file/dc358708-3d2b-41a6- a000-ff53b3cc3794/1/Waypoint%20Tutorial.pdf) .
Answer Below:
Determine whether the government's overriding need to fight terrorism outweighs the 1, 4, 5, 6, and 14 Amendment rights of the people within the United States When the constitution of the USA was framed the founders were not aware of the terrorism, mass murder, bombing and related incidents that were going to take place in the future. The word terrorism was not known to the people till late 18 th century. On the other hand, 1, 4, 5, 6, 14 amendment rights of the people will not help the country fight against terrorism. For this reason, it can be safely stated that the government is overwriting the need for their fight against terrorism certainly out with all this important amendment right (Legal Information Institute, 2017). When it comes to protecting the country and fighting against terrorism, all these amendment rights certainly possess a lot of threat to the common people. It is impossible to fight against terrorism with all these amendment rights because it will provide a lot of freedom and deliver it to the terrorist as law and order will not distinguish between the common people and the terrorist without proper trials and surveillance. Evaluate whether or not 1, 4, 5, 6, and 14 Amendments apply to terrorists since the writers of the Constitution could not have envisioned mass shootings and suicide bombers The first, fourth, fifth, sixth, and fourteenth amendments to the United States Constitution were enacted a long time ago when the notion of mass shootings, suicide bombers, and terrorism was not widely practiced. As a result, all of these modifications were made to safeguard the wellbeing of ordinary citizens and common people in the United States of America. These 3 amendments have attempted to establish a level playing field and promote equality. It is necessary to ease laws and customs for all individuals without regard for any notion of criminality or terrorism (Ahmed et al., 2020). It has relaxed its stance on free speech and provided equality to African immigration. On the other hand, it includes provisions for monitoring and acquiring people's data. Consequently, the amendments above cannot be applied to terrorists since it would result in more marks shooting and suicide bombers and the creation of the world's first state of freedom in human history. Assess whether the USA PATRIOT Act, USA FREEDOM Act or the Foreign Intelligence Surveillance Act violate the Constitution. There are various ways in which Section 215 of the Patriot Act violates the Constitution. Governments are prohibited from conducting searches unless they have a warrant and reasonable suspicion that a person has committed or is about to commit a criminal offense. This is a violation of the Fourth Amendment (Cornell Law School, 2017). The Freedom Act of the United States of America on foreign intelligence monitoring violates the Constitution. The Foreign Intelligence Surveillance Act of 1978 specifies the procedures to be followed to get court approval for electronic monitoring and physical searches of people engaged in international espionage or terrorism against the United States on behalf of a foreign power. To the extent that there are no exceptional circumstances, all warrantless electronic surveillance is considered unwarranted and, consequently, illegal by the court in this case. All of this raises concerns about the general public's safety in the nation while also providing the government with unprecedented authority. All of these things violate the Fourth Amendment to the Constitution, and as a result, they are unconstitutional while the Constitution is in effect. 4 Determine whether the United States Government violated the Constitution by its actions under the USA PATRIOT Act, USA FREEDOM Act, or the Foreign Intelligence Surveillance To ensure that no warrants are issued without justified cause and backed by oath or affirmation, the Fourth Amendment claims that the right of the citizen to protect themselves from arbitrary searches or seizures of their personal property must not be infringed. USA Patriot Act, which later got Reform to freedom at or the foreign intelligence surveillance is not by the Constitution (Simeon, 2019). All these can search based on doubts. The fourth amendment of the Constitution certainly violates all these aspects. The fourth amendment ensures that the people of the USA live a safe and secure Life. For this reason, without some strong and probable cause, no one can be harassed by the issuance of a warrant or any trial. For this reason, it has been cited that all these apps can prevent the wellbeing of common people. For this reason, all these important acts of the USA violate the Constitution somehow or the other. Assess whether the 4th Amendment requirement of probable cause should be waived when investigating terrorism. As per the Fourth Amendment of the US Constitution, without some certain cause there will be no search or warrant or trials (Valdivieso, 2021). But during the present time when terrorism and mass attack is at a rampant level in the entire world, this kind of Investigation is required. Any suspicion should be dealt with very rigorously and seriously. For this reason, it is important to Wave of the 4th amendment for proper Investigation of terrorism and to remove any possibility 5 of threat in the society. It will be completely justified if the Constitution waives the fourth amendment. References Ahmed, D. A., Kausar, S., & Bhatti, D. M. N. (2020). The Prospects of Nuclear Terrorism. Journal of Global Peace and Security Studies (JGPSS), 1(1), 1–14. https://journals.pakistanreview.com/index.php/JGPSS/article/view/33 Cornell Law School. (2017, October 10). First Amendment. LII / Legal Information Institute; Cornell Law School. https://www.law.cornell.edu/constitution/first_amendment Legal Information Institute. (2017, October 10). Fourth Amendment. LII / Legal Information Institute. https://www.law.cornell.edu/constitution/fourth_amendment Simeon, J. (2019). The Evolving Common Law Jurisprudence Combatting the Threat of Terrorism in the United Kingdom, United States, and Canada. Laws, 8(1), 5. https://doi.org/10.3390/laws8010005 Valdivieso, C. (2021). Constitution-Free Zones: How the Fourth Amendment Rights of Americans are Violated at and Near the Border. Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal. https://digitalcommons.law.ggu.edu/rgssj-law- journal/12/More Articles From CRIMINAL LAW MANAGEMENT
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