Disallowing an ex post facto law implies that the U.S. Congress cannot make any given act a crime after the time the act had been committed. It is doubtful that this applies to a few sections of the Patriot Act. Individuals who monitor the Supreme Court are sitting tight for a case to make its direction up so the judges can run on it (Ball, 2008).
The scope of the research of the Patriot Act
This study is based on available online books and journals focusing on this topic. A thorough investigation and research reveal that many of the measures implemented under the U.S. Patriot Act have been broadly affirmed. However, handful experts consider sections in the provisions as unconstitutional. These sections are accepted to go against the rights guaranteed in the first and fourth amendment.
It is not simple to perceive how the U.S. Patriot Act can defile First Amendment rights. However, it is often contended that the new government powers conceded by the gesture could be utilized for religious profiling. The issue is not just hypothetical: some Muslim organizations or individual shave recently been blamed for having connections to terrorists in light of the enactment (Stefoff, 2011). Although religious extremism has been the wellspring of the assaults of September 11, it takes after those religious freedoms could be disabled for security reasons. For instance, the citizens contend that Muslims may be under some investigation after post-September 11 incident. As a result, the Fourth Amendment violations are clear. Since the Fourth Amendment guarantee protection rights for every citizen, it is evident that surveillance powers given by the U.S. Patriot Act could be seen as threats to these rights. In any case, the Fourth Amendment rights make this less evident historically.
Secondly, it has been comprehended that the amendment may ensure private assets or data. In any case, data made public is not recognized protected. In the 1970s, the Supreme Court decided that the alteration offered no security whatsoever for the protection of information endowed to others; subsequently money-related, instructive, or therapeutic records were considered openly accessible with the end goal of criminal investigation (Finan, 2007). For example, the frequency and goal of telephone calls are not recognized private and informative data as such because they are "given" to telephone organizations. In subsequent decisions, the Supreme Court decided that they come to be private just assuming that they can uncover the vicinity and exercises of an individual at home. Statutory law has finished this by making the holders of personal records responsible for the protection of their client. Therefore, majority of the security rights do not arise from the Fourth Amendment but its understanding. The right to private space, which Supreme Court Justice Louis Brandeis called the right to be separated from everyone else, is quite later an understanding. For example, although it is regularly accepted that law enforcement officers should publish themselves to execute a warrant, it is a recent addition to privacy rights.
Chapter Two: Review of Literature
Patriot Act vs. The U.S. constitution
The Patriot Act was created after the 9/11 strike on the World Trade Center, and its principle focus was to protect individuals from terrorism. Explicitly, it permits FBI operators to search private data of individuals, to read their messages, and listen to their private telephone calls. After the Patriot Act was established, the operators were not permitted to carry out investigations of this nature. They might need to have the authorization of a judge.
The Patriot Act breaches the First Amendment, which pronounces our rights to speech, expression, and information. The liberty and freedom of information had a significant effect on citizens in the twentieth century. This permitted them to have their recognitions and inspect scenarios from their perspective. The Fourth Amendment might as well likewise ensure us from seizure and search. The society may also deny the Patriot Act since it raises questionable issues like damaging the Constitution and having an enormous effect on our social lives (Ball, 2008).
These expressions are expressed in the Constitution and must be regarded constantly. Apparently, the Patriot Act maltreats opportunity of discourse in the way that individuals are losing the right to say what and how they verifiably feel. We must be cautious with the utilization of expressions about governmental issues or government because we could be prosecuted. This means that, the Patriot Act disregards the equitable privileges of the flexibility of political outflow. Besides, the Patriot Act looks into what individuals say, which makes them extremely cautious...
Patriot Act In response to the terrorist attacks that occurred on September 11, 2001, Congress passed the U.S.A. Patriot Act, an act that gives federal officials more authority to track and intercept communications, for both law enforcement and foreign intelligence gathering purposes (Doyle, 2002). The Patriot Act also gives the Secretary of the Treasury regulatory powers to prevent corruption of U.S. financial institutions for foreign money laundering purposes. The U.S.A. Patriot Act
Patriot Act The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act was passed soon after September 11. The groundbreaking legislation, which has caused tremendous controversy and outcry among civil rights activists, has become one of the most important pieces of legislation passed in Congress in recent American history. The U.S.A. Patriot Act contains previsions included in previous anti-terrorist bills, including one
Patriot Act: Advantages and Disadvantages Advantages Increases the Effectiveness of Law Enforcement Agencies The Patriot Act which was signed as law by President George W. Bush on October 27, 2001 reads like a wish list of the law enforcing agencies. It was long-standing complaint of the law enforcers that the provisions contained in the Bill of Rights such as the "due process" of the Fourth Amendment constrained them in their investigations of suspected
It is, in one sense, a give and take relationship, but underlying it are the philosophies of Rousseau and Smith, in spite of the fact that both are full of contradictions. Rousseau, for example, states that man's "first law is to provide for his own preservation, his first cares are those which he owes to himself; and, as soon as he reaches years of discretion, he is the sole
PATRIOT ACT V. FOURTH AMENDMENT Patriot Act & 4th Amendment The Fourth Amendment was created in 1791 primarily to end the existence of general warrants, which the American colonialists hated and feared. These warrants were used by the English government to conduct door-to-door searches and mass arrests, often as a coercive method for achieving social and political goals (Maclin and Mirabella, 2011, p. 1052). With this history in mind the text of
" According to the American Civil Liberties Union (ACLU). A "national security letter" (NSL) is basically a written demand by the FBI or other federal law enforcement agencies for a group or organization to turn over records or data or documents, with no warrant attached to the demand. They are given out without probably cause or any justice-related back-up, and have been used extensively since the Patriot Act; they are
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