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The Effects of the War on Terror on Fourth Amendment Rights We are people of the 21 st century live in the world of great opportunities and technological progress. But at the same time we have to fight with the problems of the century. The worst one is terror. Nowadays there is hardly a nation that hasnt clashed with it. Various nations have provided several campaigns against terrorism; but modern war on terrorism is waged primarily by the United States, with support of its allies and NATO. The War on Terrorism includes not only military but diplomatic efforts.
The United States started the war immediately after the attacks on New York City and Washington, D. C. on September 11, 2001. The actions were carried out by Islamist group al-Qaeda. The main gal of the campaign is to stop international terrorism. The Federal Criminal Code (chapter 113 B of Part I of Title 18) define terrorism as ."..
activities that involve violent...
It includes international actions as well as domestic components. Domestic actions are designed to prevent acts of terror. A lot of laws have been enacted by Congress since 2001. Among them there is the USA Patriot Act.
The law was signed by George W. Bush on October 26, 2001. The full name of it is the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act. The Act was a response to the terrorist attacks against the United States.
Although it was supported by Congress and President, it is considered to be one of the most controversial federal legislation. Some sections of the Act were declared unconstitutional by federal courts. It was pointed that they break civil liberties. Opponents of the Patriot Act emphasize that it undermines civil rights and liberties and makes the country less safe; in particular, it is an erosion of Bill of Rights protections.
Most of all, President Bush has approved the National Security Agency (NSA) warrantless wiretapping program. The program is regarded by some people as a violation of the Fourth Amendment protections. The Fourth Amendment was designed to protect unreasonable searches and seizures. It guards: 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. In other words the amendment protected the autonomy or privacy of the people. The federal government has no right to disrupt it without judicially sanctioned search and arrest warrants.
But the amendment has several points that give the federal government an opportunity to carry out unreasonable searches and seizures. There is no warrant for a search under certain circumstances, for example if objects are in "plain view. " But there should be a strong evidence that the objects are contraband. Most of all there are also "exigent circumstances" exceptions. An officer has a right to seize the evidence without a warrant if it is suspected that an object may destroy evidence.
Thats why all state constitutions have an analogous to the Fourth Amendment. The analogous guarantees additional protection against unreasonable searches and seizures that can be conducted under state or federal authority. Earlier in 1978, the Foreign Intelligence Surveillance Act (FISA) was enacted by Congress. It was created to give legal guidelines for federal investigations of foreign intelligence targets. ! But people say that it only has codified executive-branch spying. FISA provided the rules for electronic surveillance physical searches pen registers; mentioned trap and trace devices for foreign intelligence purposes; allowed access to certain business records for foreign intelligence purposes.
Most of all FISA pointed who could be investigated. According to FISA, the subjects of the investigations are foreign powers or agents of foreign powers; but only if they are engaged in espionage or international terrorism. But in 2001, the Act was amended by the USA PATRIOT Act. The most important change concerned group terrorism which is not always backed by a foreign government. In December, 2005, some abstracts of the Foreign Intelligence Surveillance Act were published in the New York Times.
An article concentrated on warrantless domestic wiretapping. The program was ordered by the Bush administration and carried out by the National Security Agency. (Adnan M. Hayajneh, 2004) The Administration's warrantless spying program was greatly criticized by many politicians, especially by some Republicans. They thought that the program is a criminal violation of FISA.
It led to debates between the Bush administration and opponents. The administration spoke for the program. The argumentation is based on the ground that FISA is an unconstitutional law which has been abrogated by the Authorization for Use of Military Force. The Authorization for Use of Military Force was passed by Congress as a response to the attacks of September 11 th. According to the resolution, Congress recognized the Presidents authority under the Constitution to take action to deter and prevent acts of international terrorism against the United States. (Adnan M.
Hayajneh, 2004); and gave President the right to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks with the purpose to prevent further attacks on the United States. Recent year several amendments have been proposed by Senators. According to them, Congress would enhance its oversight limiting the President authority to conduct electronic surveillance of suspected terrorists in the United States subject. (Wikipedia, 2006) The National Security Surveillance Act was introduced to Congress with the purpose to make some amendments to FISA about warrantless surveillance conducted under presidential authority. Most of all, FISA court (FISC) would have the right to review, authorize, and oversight "electronic surveillance programs. " Later on May, the Foreign Intelligence Surveillance Improvement and Enhancement Act was presented to Congress.
According to the act, FISA would be the exclusive means to conduct foreign intelligence surveillance. (Washington Post, 2006). All three bills have been approved. In summer of this year, the Electronic Surveillance Modernization Act was presented by U. S. Representative Heather Wilson. According to the act, the President would have the authority to control electronic surveillance of international phone calls and e-mail with the purpose to identify terrorist groups.
But a FISA warrant or a presidential certification to Congress is necessary to conduct surveillance. The Patriot Act was enacted by Congress as a tool for interception and obstruction of terrorism. But for many citizens methods resemble President Nixon's tools used to spy on his political enemies. The only difference is that Nixon kept the actions in secret, and the actions of Bush were directed to Congress with demands to increase power.
Frankly speaking, congressional and judicial powers were limited with The Patriot Act. There are a lot points that should be reviewed. First of all, citizen should have an opportunity to get information about government activities under the Freedom of Information Act. According to the act, federal agents have a right to wiretap of attorney-client conversations in federal prisons secretly; that is the strict violation of the Fourth Amendment. It seems that the Patriot Act would give the right to dirty tricks of political surveillance.
There are points of view as to the Patriot Act and the warrantless wiretapping program. A lot f people are sure that the debate around the act was fabricated with the purpose to focus public attention on it. At the same time, the White House would have an opportunity to expand its powers through the warrantless wiretapping program. Thats why the country can face two types of threats: terrorism and runaway executive power.
Runaway executive power means that the president would have a right to name anyone an enemy combatant and set up his own military tribunals. The Military Commissions Act was quickly negotiated by Bush and sanctioned by Congress. According to the act, he could define what is torture, the power to commit war crimes without penalty, the power to set up military tribunals. On November 9, 2001, Congress legalized the warrantless wiretapping program in spite of the election outcome.
Some people considered the Military Commissions Act to be dirty tricks. It was not supported by the majority of the population as well as the Patriot Act. The law caused a resistance of the public because it was considered as unconstitutional. It was a violation of the Bill of Rights.
A lot of actions have been organized by ordinary people such as public forums, rallies, marches, conferences, and other local events. People have spoken against the Patriot Act and other post- 9 / 11 acts that abuse the Bill of Rights. Those actions were successful. In 2001, only 67 members of Congress voted against the. Four years later, in 2006, 184 members of Congress were against the Patriot Act Reauthorization. Due to those measures, some unconstitutional laws presented by the Bush Administration were not passed, or fully activated.
Patriot Act II or the Domestic Security Enhancement Act was not introduced in Congress on its own. The act granted power to protect citizenship from anyone who can give material support to unpopular organizations the administration labels as terrorist. Some parts of the program were included into Administration policy. Civil liberties movement was organized to bar the existence of any yet-unrevealed programs.
The effect of those programs was diminished by public cries. The first efforts to roll back the Patriot Act were made in late 2001. By the end of 2006 Civil liberties movement hoped to re-established the Bill of Rights. The members of the movement consider the Bill of Rights to be the most hallowed and heeded part of our Constitution. The fight for liberties may last years. It is necessary to have stamina, drive, and commitment to win a war.
The President of the United States called on all of us to "lead this world toward freedom. " Again and again, he invoked the principle of freedom, and how it can transform nations, and empower people around the world. In his speech on September 20, 2001, President George W. Bush said: Great harm has been done to us. We have suffered great loss. And in our grief and anger we have found our mission and our moment.
Freedom and fear are at war. The advance of human freedom the great achievement of our time, and the great hope of every time now depends on us. Our nation this generation will lift a dark threat of violence from our people and our future. We will rally the world to this cause by our efforts, by our courage. We will not tire, we will not falter, and we will not fail. But, almost in the same breath, the President openly acknowledged that he has ordered the government to spy on Americans, on American soil, without the warrants required by law.
The President issued a call to spread freedom throughout the world, and then he admitted that he has deprived Americans of one of their most basic freedoms under the Fourth Amendment - to be free from unjustified government intrusion. This program is breaking the law, and this President is breaking the law. Not only that, he is misleading the American people in his efforts to justify this program. The President suggests that anyone who criticizes his illegal wiretapping program doesn't understand the threat we face. But we do. Every single one of us is committed to stopping the terrorists who threaten us and our families.
There are also newly emerging resolutions. The San Francisco Board of Supervisors, the California Bar Association, the Hampton, CT City Council and the Alaska Native Brotherhood Camp 5 in Haines, Alaska represent new popular will expressed against warrantless wiretapping and against the Military Commissions Act. As in 2001, ordinary people are not waiting for the courts to declare these Presidential actions and Congressional laws unconstitutional. The Bill of Rights Defense Committee recommits to the work that was started five years ago -- work we know will take us years to produce tangible change. Some measures in the Patriot Act have been seen as unnecessary or unlawful infringements on American civil liberties, and the measure has been contentious within the US. A secret domestic spying program authorized by President Bush as part of the War on Terror was highly controversial.
As a result of decisions in how to fight the War on Terror, the U. S. Executive Branch has been seen as acting unconstitutionally, or "above the law." The war has met with criticism even from some supporters of its general aims. In 2002, President Bush designated Iraq, Iran and North Korea an "axis of evil"; there is speculation the War on Terror might expand to include Iran, or Syria. In speeches, Bush has said the war will go on until the goal of "ending international terrorism" has been fully achieved.
Defeating the terrorists should be our top national priority, and we all agree that we need to wiretap them to do it. In fact, it would be irresponsible not to wiretap terrorists. But we have yet to see any reason why we have to trample the laws of the United States to do it. The President's decision that he can break the law says far more about his attitude toward the rule of law than it does about the laws themselves. Bibliography: 9 / 11 Hijacker Video Surfaces. Washington Post, Page A 15, October 2, 2006.
Crimes and criminal procedure. Chapter 113 B, Terrorism. FindLaw, a Thomson business, 2006. web Remarks by President Bush on the Global War on Terror. White House Press Release, April 10, 2006.
web Adnan M. Hayajneh, The U. S. Strategy: Democracy and Internal Stability in the Arab World, Alternatives, Volume 3, No. 2 & 3, Summer/Fall, 2004. web Welcome to the Bill of Rights Defense Committee. Bill of Rights Defense Committee November 19, 2006.
web Fourth Amendment to the United States Constitution. Wikipedia, the free encyclopedia, November 18, 2006. web Conflicting Bills on Warrantless Surveillance Advance in Senate. Secrecy News, September 14, 2006.
War on Terrorism. Wikipedia, the free encyclopedia. November 18, 2006 web
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