The Bill of Rights or the first 10 amendments to the Constitution was proposed to Congress in 1789 by James Madison in response to the Anti- Federalist movement that lobbied for an extended amount of rights that would further safeguard liberty. The 4th amendment in particular was drafted to acknowledge the abuse of the writ of assistance, a “search warrant” issued by the British government to search boats that were thought to contain smuggled material in Colonial America. The 4th amendment can be broken down into 3 parts: what activities are considered to be a “search” or a “seizure”; what is a probable cause for a “search” and “seizure” and finally, how violations should be dealt with. The evolution of the 4th amendment is long and tumultuous, starting from what it meant at time of drafting, to the controversy over different interpretations in modern times. Through all the controversies and the debate over the meaning of the 4th amendment, the essence is always the same: to protect man’s liberty.
In his article “Preserving civil liberties in an age of terrorism” Ivan Eland stated that actions by the government that infringes on civil liberties stretch and abuse its power. Furthermore, time and resources could be spent on more effect measures to prevent terrorist attacks than mass surveillance (Eland). Eland is referring to the United States government spying on its citizens. The government is empowered to do this through The Patriot Act 2001. Signed by President George Bush it allowed the government to use tools available to them to monitor citizen’s communications to obtain information (United States Department of Justice). The problem with such legislations is that it empowers the government to infringe on citizen’s right to privacy by tapping into their private lives. The Patriot Act directly violates the fourth Amendment which states citizen are protected against unwarranted searches and seizures by the government. Robert Bork in his article “Civil Liberties After 9/11” puts it perfectly stating civil rights of United States citizen are being systematically broken down and must be taken seriously.
“They may identify potential leads with respect to folks who might engage in terrorism, if these folks — if the intelligence community then actually wants to listen to a phone call, they’ve got to go back to a federal judge, just like they would in a criminal investigation.”(Obama’s remarks) President Obama said this in an interview regarding the NSA’s work on surveillance to protect the country while also following the Fourth amendment’s Guidelines. The fourth amendment can be beneficial to the government by allowing them to legally conduct search and seizures. The Fourth Amendment also allows law enforcement to access suspect’s phones and any electronic devices. It also allows law enforcement to access all suspects’ files. Even though, The Fourth Amendment can help Law Enforcement it can also invade privacy. Although some believe the Fourth Amendment promotes invasion of privacy, it is beneficial to the government because it helps protect citizens from illegal search and seizures, allows the IRS to access foreigners, and in some cases American’s emails/phones, and helps law enforcement access suspects’ files.
In 1787, the constitution was born. The constitution has been America’s guideline to the American way of life. Our US constitution has many points in it to protect America and it’s people from an overpowered government, our economy, and ourselves. The only thing the constitution doesn’t directly give us, is our right to privacy, and our right to privacy has been a big concern lately courtesy of the National Security Agency (NSA).(#7) Although our constitution doesn’t necessarily cover the privacy topic, it does suggest that privacy is a given right. Some people say that the right to privacy was so obvious, that our founding fathers didn’t even feel the need to make a point about it.(#9) It also didn’t help that they probably didn’t know that we would have the technology we do today.
Every citizen should have a basic right to privacy when they are using technology. This is another thing that the Fourth Amendment covers. The Fourth Amendment basically states that the government is not allowed to use your personal technology against you. Just because personal information is not physically there, but on the Internet or on a computer, it does not give the government the right to use it against
Throughout the history, the American government preserved the privacy rights of the people 's privacy by the fourth amendment of the constitution. However, after 9/11 everything has changed. National Security Agency started national surveillance on possibly every internet connection.
Several weeks after the horrible terrorist attacks on September 11, 2001, The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act was rushed through Congress by Attorney General, John Ashcroft. This particular Act, however, was established with a ruling hand of fear. Life for Americans changed dramatically in those immediate days, weeks, and months after the attack. America had been spoiled with luxury for so long, that the illusion of control had ingrained itself into our very nature as Americans. That act of terror, on September 11, 2001, brought that belief crashing down, almost immediately. Fear and anger were rampant though out America; a dangerous combination when it comes to charging out a Congressional bill. The scariest parts of The USA PATRIOT ACT, in my opinion, are not just the arguably unconstitutional sections proposed in the Act, but the timing and expedition of legislation. To propose a bill that remained indifferent in regards to sacrificing civil liberties for the sake of enhanced security. The Bill was voted in with near unanimity, 98-1 in the Senate and 357-66 in the House of Representatives near after. Considering the margins of the votes, it makes one wonder if anyone in Congress even bothered to read the bill. Perhaps a good portion of our legislators were fearful to look unpatriotic, by objecting a radical bill dubbed The USA PATRIOT Act. As an old phrase goes, the nail that stands-out, gets hammered. The congressional legislative process is supposed to be deliberately slow; ensuring that what is proposed is in fact constitutional. One of the more serious issues with the USA PATRIOT Act, is the ambiguity of crucia...
Even If You Have 'Nothing To Hide'." Reason 45.5 (2013): 28-30. Academic Search Complete. Web. 27 Feb. 2014.
Ewing, Alphonse B., and Charles Doyle. The USA Patriot Act Reader. New York: Novinka, 2005. Print.
A stranger has access to an American’s DNA, house, phone calls, text messages, and the very location he or she is located in at the moment. America the free? The Patriot Act allows this heinous invasion to occur and allows government agents to access personal information on any individual they suspect. The Patriot Act allows Americans to be under constant surveillance this provision applies to suspected terrorists, but that definition is loose and it is easy for the government to label anyone as a suspected terrorist to start gathering information on them. Furthermore, The Patriot act uses racial profiling in choosing anyone who is a Muslim immigrant and is particularly from the Middle-East. Lastly, The Patriot Act goes against the Constitution particularly the First, Fourth, and Fifth Constitutional Amendments. The Patriot Act is an invasion of personal privacy, racist in choosing its suspected terrorists, and is a constant assault on the Constitution.
To some, the United and Strengthening America by Providing Appropriate Tools to Intercept and Obstruct Terrorism (USA PATRIOT) act is a law essential to winning the War on Terrorism; for others, this act is viewed with utmost contempt for its Orwellian nature allowing Big Brother to read your email and look through your library records. The security versus liberty debate prevails with both sides citing legal and ethical reasons in support or in opposition to this controversial act.
In the recent year and a half, citizens of almost every nation were exposed to information regarding the mass surveillance used by many governments to spy on their citizens. This information, released by Edward Snowden, confirms the long held theory that mass amounts of data regarding the personal habits and communications of individuals were being collected and stored. This revelation has given rise to a serious new debate: just how many civil liberties and rights should citizens allow their government to ignore in the name of “security”?
Government is society’s instrument in such affairs if we wish for it to protect us against quacks, frauds, swindlers, maniacs and criminals, we must give them the powers of prosecution, punishment and licensing. Earlier in 2013, Edward J. Snowden, a government contractor, leaked classified documents to the news media that revealed the existence of top-secret government surveillance programs. Majority of Americans showed disapproval about the United States government’s co...
Chen, Adrian. "After 30 Years of Silence, the Original NSA Whistleblower Looks Back." Gawker. N.p., 12 Nov. 2013. Web. 8 Feb. 2014. .