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Prior to beginning work on this assignment, read and review the following acts:
- The USA Patriot Act of 2001, 115 Stat. 272 (Links to an external site.)
- The USA Freedom Act of 2015, 50 U.S.C. § 1881 (Links to an external site.)
- (Links to an external site.)The Foreign Intelligence Surveillance Act of 1978, 50 U.S.C. § 1801 (Links to an external site.)
Next, review the following amendments to the United States Constitution:
- U.S. Constitution: First Amendment (Links to an external site.)
- Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
- U.S. Constitution: Fourth Amendment (Links to an external site.)
- 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.
- U.S. Constitution: Fifth Amendment (Links to an external site.)
- No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
- U.S. Constitution: Sixth Amendment (Links to an external site.)
- In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
- U.S. Constitution: Fourteenth Amendment (Links to an external site.), Section 1.
- All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
One of the most difficult issues in criminal justice has been the balancing act between public safety and security and civil liberties. This balancing act has become even more difficult in the ongoing war on terrorism. For instance, in 2013, a government contractor, Edward Snowden, leaked classified material from the National Security Agency (NSA). The leaks revealed NSA programs that secretly collected data regarding emails, texts, and phone use by Americans without probable cause. Many people felt the actions of the NSA were appropriate and that the government should be able to compromise constitutional rights to prevent terrorism. Others felt the NSA actions were illegal and had to be stopped. While most would agree that terrorism is a serious concern, how far should the government go?
After reading the Foreign Intelligence Surveillance Act, the USA Patriot Act, the USA Freedom Act and the 1st, 4th, 5th, 6th, and 14th Amendments, research the actions of the government post 9/11 and write a paper.
In your paper,
- Determine whether the government’s overriding need to fight terrorism outweighs the 1st, 4th, 5th, 6th and 14th Amendment rights of the people within the United States.
- Evaluate whether or not 1st, 4th, 5th, 6th and 14th Amendments apply to terrorists since the writers of the Constitution could not have envisioned mass shootings and suicide bombers.
- Assess whether the USA PATRIOT Act, USA FREEDOM Act, or the Foreign Intelligence Surveillance Act violate the Constitution.
- Determine whether United States Government violated the Constitution by its actions pursuant to the USA PATRIOT Act, USA FREEDOM Act, or the Foreign Intelligence Surveillance
- Assess whether the 4th Amendment requirement of probable cause should be waived when investigating terrorism.
The Security vs. Civil Liberties paper
- Must be three to four double-spaced pages in length (not including title and references pages) and formatted according to APA style as outlined in the Ashford Writing Center (Links to an external site.).
- Must include a separate title page with the following:
- Title of paper
- Student’s name
- Course name and number
- Instructor’s name
- Date submitted
- Must use at least three scholarly sources.
- The Scholarly, Peer Reviewed, and Other Credible Sources (Links to an external site.) table offers additional guidance on appropriate source types. If you have questions about whether a specific source is appropriate for this assignment, please contact your instructor. Your instructor has the final say about the appropriateness of a specific source for a particular assignment.
- Must document all sources in APA style as outlined in the Ashford Writing Center.
- Must include a separate references page that is formatted according to APA style as outlined in the Ashford Writing Center.
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