TSA Body Scanners

2241 Words5 Pages
bulb-icon

Recommended: Development of the American court system

The Judicial System of America is the most unique and diverse form of judicial governing in the world. With the diversity created through Adversarial Legalism and the separation of powers that divides all governmental power, we see an overlap and competing powers between the branches. Through the overlap creates policy-making in order to appease the public while creating orderly dispute resolution. However, limits are set forth to prevent any one branch from gaining too much policy-making power through checks and balances, certain constraints, and democratic power through elections. Created through these freedoms and restrictions is the debate of whether the court system is constrained or dynamic in their policy-making process and whether the Judiciary branch of government can directly influence social change. Through American Adversarial-Legalism, such constraints formed include doctrinal, institutional (both internally and externally) and cultural, if the view that the court is constrained. Each of which provides certain guidelines that creates limits on policy-making, whether it is through previous statutes, the organization of the court system, how society sees the policy, etc.

Centuries of court cases have created this debate and have altered opinions of which court view is stronger, because of social change and rearrangement of the government officials and their powers fluctuating as time passes. The norm of the stronger view always varies with time. With present issues and conflicts, the rise of the views comes into question. Specifically the case of EPIC (Electronic Privacy Information Center) v. DHS (Department of Homeland Security) questions the legitimacy and practical use of Whole Body Imaging and Body Scanning, as...

... middle of paper ...

...th Affairs. U.S. Department of Homeland Securty. Web. 1 Dec. 2011. .

Fact Sheet: Advanced Imaging Technology (AIT) Health & Safety. Digital image. Office of Health Affairs. U.S. Department of Homeland Securty. Web. 1 Dec. 2011. .

Circuit Court Judge Ginsburg. On Petition for Review of an Order of the U.S. Department of Homeland Security. Digital image. United States Court of Appeals for the District of Columbia, 15 July 2011. Web. 1 Dec. 2011.

Frank, Thomas. "Homeland Security Looked into Covert Body Scans - USATODAY.com." News, Travel, Weather, Entertainment, Sports, Technology, U.S. & World - USATODAY.com. USA Today, 4 Mar. 2011. Web. 01 Dec. 2011. .

Show More
Related

  • Kyllo Danny vs. The United States

    1163 Words  | 3 Pages

    The question presented to the court is: Does the 4th Amendment protect against the warrantless use of a thermal imaging device which monitors heat emissions from a person’s private residence? As with any case, before any court, it is important to understand all aspects of a case. For example, the facts, procedural history, issues, holding(s), legal reasoning, sources of law, and values are all relevant to predicting a potential outcome as the U.S. Supreme Court sees it.

    Read More

  • Judicial Review of the Warren Court

    1556 Words  | 4 Pages

    When the rights of the American citizen are on the line than the judiciary should utilize the powers invested in them to protect and enforce what is constitutional. However, in times of controversy, where personal preference or aspects of religious or personal nature are at hand, the judiciary should exercise their power with finesse, thereby acting out judicial restraint. An example of such is in the case of Engel v. Vitale where Mr. Justice Black delivered the opinion of the court directing the School District’s principal to read a prayer at the commencement of each school day. In cases that do not regard whether an action is constitutional or not, the judiciary should suppress their power of judicial review.

    Read More

  • How Did 9/11 Changed America

    1424 Words  | 3 Pages

    One of the first new pieces of technology the TSA introduced were better screeners. A new screener known as AIT or Advance imaging technology has been created to counteract items that may have been hidden from site or...

    Read More

  • The Most Important Impacts Of John Marshall And The Supreme Court

    824 Words  | 2 Pages

    The Constitution was the first stepping stone in the national sovereignty of the United States. It is the supreme law that has been valued and upheld since its ratification in 1787. It holds the rights and freedoms of all Americans and gives structure to the government. To uphold this structure, the judiciary branch was established, alongside the legislative and executive, by the Constitution. However, the judicial branch did not always have the power and influence it does today. Because of the 4th Chief Justice, John Marshall, the Supreme Court eventually gained the power and ability to become coequal to the legislative and executive branches. John Marshall’s establishment of Judicial Review in the Supreme Court and his strong federalists

    Read More

  • The NSA, Privacy and the War or Terrorism

    1550 Words  | 4 Pages

    Richards, Neil M. "The Dangers Of Surveillance." Harvard Law Review 126.7 (2013): 1934-1965. Academic Search Elite. Web. 8 Feb. 2014.

    Read More

  • Evolution of the American Political System

    716 Words  | 2 Pages

    In the beginning of our history a focus on a stronger state and local government can be apparent, but then a major shift occurs with Chief Justice Marshall. Since his time in office till our present time today, a shift of a weak national government and a stronger local and state governments to a stronger national government and weaker local and state government is evident. As our political system has changed and evolved in the past couple centuries, one can be assured that it will continue to evolve and improve in the near

    Read More

  • The Role Of Executive Branch In The United States Government

    703 Words  | 2 Pages

    The third branch of government is the judicial branch. The judicial branch consists of the Supreme Court, and other federal courts. This branch of government applies laws to individual cases and evaluates laws (USA, 2016). This paper will primarily discuss the roles of the executive branch and its influence

    Read More

  • Transportation Security Administration

    1250 Words  | 3 Pages

    Uradnik, Kathleen. "full-body Scanners." Issues: Understanding Controversy and Society. ABC-CLIO, 2014. Web. 2 May 2014.

    Read More

  • Judiciary as the Most Powerful Branch of Government

    2619 Words  | 6 Pages

    In no other democracy does a court hold so much political power and in particular power over public policy decisions.

    Read More

  • Common Law Code Essay

    703 Words  | 2 Pages

    Legal codes in the judicial system is the key distinction between the civil law and common law tradition. It is the supreme source of justice in a society and is meant to provide the common good for a society. Whether or not a country is governed by a civil or common law code greatly influences the role of the judiciary system. Including the presence and role of judicial review. Given these points, civil law clashes with the theory of individualism, therefore this tradition could not work in the American system. Civil law is markedly inflexible because it is difficult to update common law to change with the times. Until relevant criminal charges are laid out or relevant civil action is initiated, there is not an opportunity for these laws and precedents to be changed.

    Read More

  • Essay On The American Court System

    2361 Words  | 5 Pages

    The American Court System is an important part of American history and one of the many assets that makes America stand out from other countries. It thrives for justice through its structured and organized court systems. The structures and organizations are widely influenced by both the State and U.S Constitution. The courts have important characters that used their knowledge and roles to aim for equality and justice. These court systems have been influenced since the beginning of the United State of America. Today, these systems and law continue to change and adapt in order to keep and protect the peoples’ rights.

    Read More

  • 1984 vs Today

    871 Words  | 2 Pages

    The Web. 4 Dec. 2013. Calamur, Krishnadev. A.P.S. & B.A.S. 5 Things To Know About The NSA's Surveillance Activities. NPR.com - "The New York Times" NPR, n.d. -

    Read More

  • Privacy vs. Security

    1260 Words  | 3 Pages

    Most people concerned about the privacy implications of government surveillance aren’t arguing for no[sic] surveillance and absolute privacy. They’d be fine giving up some privacy as long as appropriate controls, limitations, oversight and accountability mechanisms were in place. ”(“5 Myths about Privacy”). The fight for privacy rights is by no means a recent conflict.

    Read More

  • Decision-Making in a Democracy: the Supreme Court as a National Policy-Maker

    829 Words  | 2 Pages

    The significant impact Robert Dahl’s article, “Decision-Making in a Democracy: the Supreme Court as a National Policy-Maker” created for our thought on the Supreme Court it that it thoroughly paved the way towards exemplifying the relationship between public opinion and the United States Supreme Court. Dahl significantly was able to provide linkages between the Supreme Court and the environment that surrounds it in order for others to better understand the fundamental aspects that link the two together and explore possible reasoning and potential outcomes of the Court.

    Read More

  • Judges Must Make Law

    2340 Words  | 5 Pages

    Robert N. Clinton, ‘Judges Must Make Law: A Realistic Appraisal of the Judicial Function in a Democratic Society’ [1981-1982] 67 Iowa L. Rev. 711 http://heinonline.org/HOL/Page?handle=hein.journals/ilr67&div=38&g_sent=1&collection=journals accessed 12 February 2012

    Read More

More about TSA Body Scanners

Open Document