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 Regards to Its Authorization of Surveillance and Search and Seizure The Patriot Act: The Patriot Act was enacted into law in 2001 to unite and strengthen America through the provision of suitable tools that are necessary to interrupt and barricade terrorism acts. This legislation was established with the dignified intention of identifying and indicting international terrorists operating on the United States' soil ("USA Patriot Act," n.d.). The Act, which amended
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 United States of America's PATRIOT Act (formally the Uniting and Strengthening America by Providing Appropriate Tools Required to Interpret and Obstruct Terrorism Act) was a hurriedly created legislation against terrorism reacting to the terror attack on September 11, 2001. Little debate and oversight was given to the large, complex law by the Congress and President George W. Bush signed it into law on October 26, 2001. PATRIOT offers
Sikhs are also mistakenly included since police are unable to detect the difference. (District of Columbia, Maryland, and Virginia Advisory Committees to the U.S. Commission on Civil Rights, 2003) a lot of people are being arrested on very technical immigration infringements of visa, and immigration judges will never let go an individual till the FBI articulates a curiosity in that particular person. For instance, on one occasion a student
" (Lindsey, 2004, p.1) it is interesting to note that one of the young protestors stated: "[the world leaders] are sitting over there on Sea Island having their little party only talking about how to fix things, but we are over here actually doing something to make things better" -- Laurel Paget-Seekins (Lindsey, 2004, p. 1) the U.S.A. Patriot Act has been touted to do just this - or to
The law's intended purpose of preventing and detecting future attacks was the dominant concern of lawmakers. Yet, the hasty manner in which the law passed through Congressional lawmaking processes causes opponents to argue that lawmakers gave disproportionate consideration to the law enforcement and intelligence community's viewpoint in drafting the provisions. It is thought that in the future the law will face many challenges in the court system. Even though
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