Schenck's Argument Against Racial Profiling

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There have been many terrorists attacks on U.S. soil before 9/11, such as a shooting outside a restaurant in Texas and a killed Egyptian immigrant named Mustafa Shalabi (by an Islamic group) in 1991. Jamin B. Raskin predicts in his 1991 article A precedent for Arab Americans? that Arab Americans and immigrants might become the focus of national hatred and severe profiling in the near future. He states: “The Arabs are the Japanese of 1991… the whiff of a witch hunt in the F.B.I.'s curious "interviews" with Arab-Americans” (2). While racial profiling is already an infringement on the fourth amendment, the second amendment was also encroached, as the circumstance with Charles D. Schenck during the First World War displayed. Schenck had been …show more content…

Detainees from Guantanamo Bay are subject to many forms of torture by military officials and officers, so that information is forced out of people perceived to be threats; Press illustrates this, “A story in Newsday published just after Mohammed’s arrest quoted a former CIA official who, describing a detainee transferred from Guantanamo Bay to Egypt, said ‘They promptly tore his fingernails out and he started telling things’ ” (Press). In fact, anyone thought to be a national threat at any given period of history were subject to torture, as situations can “routinely stray from the isolated, extreme scenario” (Press). The concern over whether that suspect is really a true suspect isn’t pondered over, and there are no fair trials given to these detainees—some are American citizens, surprisingly. Charles D. Stimson in the periodical claims that this is actually untrue, as he states: “The NDAA has not impacted the conditions under which a U.S. citizen may (or may not) be detained. In fact, section 1021 of the NDAA is explicit: The law regarding how U.S. citizens are handled, including the right to habeas corpus [the right to seek judicial review of one's imprisonment], is the same today as it was the day before it was passed” (Stimson 1). Then there is the issue over a suspension

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