September 11, 2001 was marked a dark day in US history. The destruction of the twin towers was not a crime against the USA but against humanity itself. It showed Americans the reality of terrorism and showed just how vulnerable we are. The Patriot Act was enacted on October 26, 2001 to protect Americans from terrorism. But at what cost? The cost of our American freedom granted to us by the US Constitution. The issue is people’s rights versus people’s freedoms. Are you willing to give up one for the other? There has to be a balance; like a sea-saw. The Patriot Act has violated the rights given to us by the US Constitution, specifically the Bill of Rights. In this paper I am going to discuss how The First, Fourth, Sixth, and Eighth Amendments have been violated.
“The government of the United States, forged more than two hundred years ago, affords the people of our country such protection largely through the Bill of Rights as the first 10 amendments to the United States Constitution are collectively and commonly known. While there are now 27 amendments to the Constitution, perhaps the most crucial to the continued existence of the are the Bill of Rights. Their primary significance is that they guarantee the existence and that these same rights will be afforded the people without interference from the government. In doing this, the Bill of Rights in many ways, serves as the cornerstone of our country and helps to balance the protection of the people’s liberty by the federal government” (Sexton, 2006). But today it is not the way it was 230 years ago so the Bill of Rights is subject to interpretation; which probably wasn’t intended by our founding fathers. Our founding fathers didn’t know about bombs and that people would blow themsel...
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...rs and never charged with a crime. He was released only when a federal judge said to do so (Skepticism.org, 2001). He didn’t have a trial and no witnesses to anything he did.
Amendment VIII says “Excessive bail shall not be imposed, nor shall the accused or
“Freedom for Security” 7 imprisoned be subject to cruel or unusual punishment” (Irate Citizen Action Network, 2005). After the Patriot Act was implemented over 1,200 people were arrested and jailed in connection with the September 11th attacks. Most of those arrested were Arabs and Muslims and were US citizens. They had nothing more than visa violations. Some of these people were in jail for several months with no charges being filed against them and they could not even see their families or friends. Some of these people were even deported; which is cruel and unusual punishment within itself (Cronhls, 2003).
Less than one week after the devastating terrorist attacks of September 11, 2001, the U.S.A. Patriot Act was introduced to Congress. One month later, the act passed in the Senate with a vote of 98-1. A frightened nation had cried for protection against further attacks, but certainly got more than they had asked for. Russell Feingold, the only Senator to vote down the act, referred to it as, “legislation on the fly, unlike anything [he] had ever seen.” In their haste to protect our great nation, Congress suspended, “normal procedural processes, such as interagency review and committee hearings,” and, “many provisions were not checked for their constitutionality, lack of judicial oversight, and potential for abuse.” Ninety-eight senators were willing to overlook key civil liberty issues contained within the 342 page act. The lone dissenting vote, Wisconsin Senator Russell Feingold, felt that our battle against terrorism would be lost “without firing a shot” if we were to “sacrifice the liberties of the American people.” Feingold duly defended American civil liberties at the risk of his career, truly exemplifying political courage as defined by John F. Kennedy.
Typically the most basic civil liberties are found in a country’s bill of rights and then that country passes amendments as needed in order to grow the peoples’ civil liberties, or shrink them if need be. Now, in the case of the United States the people are not “granted“ civil liberties by the...
The Constitution lays out the rights and obligations of the newly formed United States government. But, what of the rights and obligations of its citizens? Starting in 1791 only two years after the Constitution was ratified the Constitution began to evolve and this process continues to this day. The first ten amendments to the Constitution are known as the Bill of Rights. This Bill of Rights outlines the protections which citizens have from the government of the United States. The question raised in the title of this paper is; Are the Bill of Rights, written well over 200 years ago still relevant today? Of course they are and probably even more so. To illustrate this fact we will examine each of the ten amendments rewrite each one using common everyday language of today and if possible discuss why this was important in 1791 and why we may or may not need this document in writing today. In restating each amendment I will try to write it as if it is a brand new document, which is a stretch to say the least. With out the struggle of the colonies through war and abuse by the English Monarchy would one have the foresight to see how a government may take for granted the rights of its citizenry?
A great deal of bills have been written and passed as legislation under the pretense that they would better outline the citizen’ rights and ensure their freedoms. Yet occasionally these laws are created with disregard to what is stated in our Constitution. At times they distort and twist the original meaning of the work, counter acting the purpose of creating the Amendments. The intention of Amendments was to be an outline of the rights of the people. They were to ensure that there would not be a repeat of what the framers had experienced when they set out on their mission to draft a document that would govern our country for years to come. Little by little our elected officials have been discounting our Constitution. There are many resulting repercussions; the most dear to everyone being the individuals rights. The end result of these interpretations being that our people are hurt, as we are slowly being stripped of our rights as U.S. citizens.
Ms. Vanklausen relies on primary and secondary sources with strong credentials in the realm of the constitution, law, public policy, and Americans’ right to freedom (Cato Inst., n.d.; Wikipedia, 2010) to support her argument. The authors have been published in a variety of respected periodicals as well as writing books on these topics. Her sources cite the expert opinions of Supreme Court Justices Sandra Day O’Connor and Antonin Scalia (“Can U.S. Citizens Be Held as Enemy Combatants”, Reinking & von der Osten, 2007, pp. 228, 231-233), who are entrusted with the ultimate responsibility to interpret our nation’s constitution and apply this standard to arguments brought before the Court when the rule of law is in question. Ms. Vanklausen also employs excerpts from the Bill of Rights to clarify the protections these individuals are not permitted in this situation. She provides a quotation by Thomas Jefferson, and notes decisions by the U.S. Supreme Court, the Second Circuit Court, and Federal Court Judge Mukasey. She also refers to established truths upon which Americans depend as signs of their freedom, such as “The foundation of liberty has always rested on the resistance to the idea of arbitrary imprisonment by an executive. (Reinking & von der Osten, 2007)
On December 15, 1791, the Bill of Rights was ratified effective by Congress. These first ten amendments to the Constitution of the United States of America promised the states certain rights and freedoms which could not be infringed by the government. After all, the founding fathers knew from experience that men in their weakness were often tempted by power. They had become all too familiar with this when under the control of King George in England. Therefore, in order to protect the future people of their beautiful country, they promised certain liberties which could not be taken away. Every single one of these freedoms is important for the United States of America. However, the second amendment is especially important to our nation because it allows the people to protect their freedom and defend themselves and the common good against an overreaching government.
The Constitution of the United States of America protects people’s rights because it limits the power of government against its people. Those rights guaranteed in the Constitution are better known as the Bill of Rights. Within these rights, the Fourth Amendment protects “the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures […]” (Knetzger & Muraski, 2008). According to the Fourth Amendment, a search warrant must be issued before a search and seizure takes place. However, consent for lawful search is one of the most common exceptions to the search warrant requirement.
Our founding fathers wrote the Constitution and the Bill of Rights to protect our most basic rights as citizens of the United States, and although creating the Constitution was an arduous effort, eventually the new Americans came to an agreement over what was included. “The Bill of Rights — the first 10 amendments to the Constitution — went into effect on Dec. 15, 1791, when the state of Virginia ratified it, giving the bill the majority of ratifying states required to protect citizens from the power of the federal government.” (First Amendment Center). After the first amendment went into effect, all religious minorities were now protected from persecution, and people could freely speak their
The United States of America has debated the topic of whether the rights of the majority should outweigh the rights of the minority from the time before the nation was formed. The idea of Life, Liberty, and the pursuit of Happiness was placed in the Declaration of Independence because these ideals were what the colonies based their decision to part from Great Britain on. This idealism carried on into the creation of the Constitution and many of the laws that followed. This is evident throughout the United States’ history with specific events such as the Plessy v. Ferguson decision, Brown v. Board of Education decision, and the Japanese-American Relocation during World War II. In more current events, the Patriot Act must be considered.
When the Second Constitutional Convention wrote the Constitution in 1787, there was a controversy between the federalists and the anti-federalists surrounding whether or not to have a Bill of Rights. The anti-federalists claimed that a bill of rights was needed that listed the guaranteed rights that the government could never take away from a person i.e. “inalienable rights.” A Bill of Rights was eventually deemed necessary, and has worked for over 210 years. There are many reasons why the ten amendments are still valid to this day, and the best examples are the First Amendment, concerning the freedom of religion, the Fifth Amendment, and the Sixth Amendment.
The Bill of Rights are the first ten Amendments to the Constitution. The Bill of Rights works to provide constitutional protection for the individual and to limit government power. The First Amendment and the Sixth Amendment protects the individual by allowing religious and political freedom, and by promising a public and speedy trial. The Fourth Amendment protects the individual’s privacy and limits the reach of the government into people’s homes and personal belongings. The three essential Amendments from the Bill of Rights are: the First Amendment- Religious and Political freedom: the Fourth Amendment- Search and Seizure: and the Sixth Amendment-Criminal Court Procedures.
Since September 11, 2001 many people can say that America has changed. Many people question if America has changed for the better or has it just gotten worse. Since the day those four planes crashed around the United States people’s lives have been changed. Many may not realize how their lives have changed, but with new laws passed life is different within America. The United States Patriot Act is one of the laws passed after 9/11: singed into order on October 26, 2001 just 45 days after the attack. The United States Patriot Act was put in place in order to protect Americans, yet has been affecting American’s civil liberties and caused controversy all over the United States.
Many people live in fear that they are constantly being watched. Michael Jackson sang it best in the 80 's by saying, "I always feel like, somebody 's watching me," in his hit song with Rockwell. That 's exactly what the NSA and other government organizations are doing today with domestic surveillance. Everywhere Americans go and every corner they turn there is a camera, and every website or email they send is being monitored closely. So what can society do about this? Educate others on the situation and stand up for what is right. Some people believe they must give up some freedoms for protection, but at what cost? What is happening in America is not what the founding fathers fought for. Domestic surveillance should not be allowed because
Now, many have had time to reflect back on the Patriot Act and feel differently (Ball 2004 p. 78-84). The Patriot Act Pros and Cons is a topic that is much like a double-edged sword. On one hand, many people feel they would like to be protected and feel that they will give up some rights to be safe. Others, on the other hand, feel that the Patriot Act goes against the U.S. Constitution and actually takes away some of the rights of American citizens.... ...
The USA Patriot Act is very important to everyone in the United States of America. There are many people that are anti-patriot act because they feel it infringes on there constitutional rights. At the same time, there are enormous amounts of people that are pro-patriot act putting the safety of the home front as their number one priority. This act was very instrumental in giving our intelligence agencies the tools necessary to intercept terrorist messages and fore warn us of any possible attacks.