A favorite amendment to the Constitution

Overview

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The final project for this course is the creation of a final research paper. The research paper must be on a topic relevant to class content. In the paper, students

need to present research and also draw and support a conclusion about the topic. Research papers must be objective in the presentation of the content. The final product represents an authentic demonstration of competency because students select their own topics appropriate to the course content and objectives, conduct independent research with minimal supervision from their professor, and create finished papers that meet all of the established criteria. The project is divided into four milestones, which will be submitted at various points throughout the course to scaffold learning and ensure quality final submissions. These milestones will be submitted in Modules Two, Four, Five, and Seven.

 

Guidelines

The main elements of the research paper will include:

Topic Selection:

  •   Research topics must be objective in their presentation of the material. A list of possible topic ideas found below can be used as a resource when
    choosing a topic. You will need to present and support a conclusion about the topic.
  •   If the topic is one on which people have differing views (examples: abortion, gun control, the death penalty), students will need to present at least two
    sides of the issue. If personal beliefs about an issue are so strong that you cannot objectively present at least two sides of the issue, you may want to pursue a different topic that can be approached less passionately. Objective research is the framework.
    Outline:
    You will submit a research outline that may incorporate the use of cross-section of reference materials including but not limited to newspapers, magazines, journal articles, scholarly books, and even information gathered through the interviews of the individuals involved in the project.
    Final Research Paper:
    You will submit a final research paper that will include:
  •   Cover page
  •   Abstract
  •   Thesis statement
  •   Body of paper between 4 pages in length
  •   Citation/reference page, 4 to 5 scholarly references

 

Topic Ideas 

The following list includes some possible topics for your final paper, but the actual topic choice is yours. You are certainly free to select a topic that is not on this list. This list is here to get you thinking and offer inspiration. If you wish to pick a topic not on the list, submit your topic for approval with details about what exactly you wish to pursue in the Topic Selection discussion topic in Module Two.

You need to submit a topic idea and some details about where you wish to take your research regardless of whether the desired topic is from the list or not.

  •   A favorite amendment to the Constitution (First, Second, Fifth, and Fourteenth are especially popular)
  •   Presidential impeachments/process: Andrew Johnson, Richard Nixon, and/or Bill Clinton
  •   Presidential scandals: Watergate, Teapot Dome
  •   Censorship of the press for national security or “morality”
  •   The limits on free speech and expression placed upon members of the military
  •   Gay marriage
  •   History of abortion laws and pertinent court cases
  •   Handling conflict of interest in the federal judiciary
  •   Campaign finance rules/reform
  •   Activist Supreme Courts, whether liberal or conservative
  •   The evolution of the rights of the accused
  •   Restoring voting rights to convicted felons
  •   The death penalty
  •   Juveniles in the criminal justice system
  •   Leadership positions in the Congress and how leaders are chosen
  •   The committee system in the Congress
  •   The use and/or abuse of the filibuster over time in the Senate
  •   The Electoral College and how it selects a president
  •   Unpopularly elected presidents, the circumstances, and their ultimate success or failure
  •   Presidential elections decided by the House of Representatives
  •   The presidency of someone you admire or love to hate (cannot be merely biography)
  •   The growth of the federal government since the 1930s
  •   Affirmative action/equal opportunity

 

Milestones

Milestone One: Topic Selection
In Module Two, you will submit your topic selection. The topic selection should be submitted as a post to the discussion topic. Upon the professor’s approval, you should begin your research. This milestone will be graded separately using the Discussion Rubric. You will be graded based upon your participation. Feedback from the instructor and your peers may be applied to how you develop the topic of your final project.

Milestone Two: Outline
In Module Four, you will submit an outline of the final research project. This milestone will be graded separately using the Outline Rubric. Feedback should be applied to the final product.

Milestone Three: Rough Draft of Final Product
In Module Five, you will submit a rough draft of the final research project. The format should follow that of the final product itself. It should include an abstract, the body of the paper, a supported conclusion, and a listing of the sources in an actual reference section. The submission of the rough draft will be graded using the Milestone Three Guidelines and Rubric document. Feedback will be provided using the Rough Draft Rubric. This is your opportunity to see how you are meeting the criteria in the critical elements. Apply the feedback to your final product.

Milestone Four: Final Product
In Module Seven, you will submit the final research project. It should be a complete, polished artifact containing all of the main elements of the final product. It should reflect the incorporation of feedback gained throughout the course. This milestone will be graded using the Final Project Rubric.

Running Head: THE PATRIOT ACT OF THE US

 

THE PATRIOT ACT OF THE US

 

 

THE PATRIOT ACT OF THE US

Abstract

This project will research the USA PATRIOT Act including its history and the impact the act has had on the American citizens` rights. The paper will also determine the different provisions found in the Act. After determining the Bill`s wording, this research will look at whether the rights and the constitution of the American citizens are violated by the provisions. This paper will also find out the different reauthorizations performed to the law including changes to the provisions. The advantages and disadvantages of the law are going to be explored and the conclusion will determine the law`s constitutionality and if it is easy to take the government`s powers gained and check if the power has shifted to an extent of not going back now.

Thesis Statement

The PATRIOT Act analysis will tell if the Act was written with genuine interest of the US citizens or it was written with the aim of stripping off our rights that are taken for granted by many individuals.

Body

The USA PATRIOT Act was new legislation that was formed by the Government agencies and the public to respond to the growing fears of an attack that they had during the September 11th, 2001 terrorist attacks. The USA PATRIOT acronym stands for “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism”. The Bill was meant for implementing policies and plans with the aim of preventing a terrorist attack on our country in the near future. The Bill was also intended for the implementation of policies and plans for our citizens and interests throughout the globe (USA PATRIOT Act, 2017). There exist some controversial provisions in the power of conducting seizures and searches with the absence of “probable cause”, the gathering and interception of private communication involving text messages, email and voice call as well as the indefinite detention of terrorists who are suspected. It enabled easy access to an individual`s medical and financial records and fewer restrictions are involved in accessing court documents.

The PATRIOT Act was signed by President George W. Bush on October 26, 2001, and the act was made a necessity for keeping us safe from attacks that may occur in the future. However, there was an emergence of some concerns where some civil liberties were ignored by the Act. The law has been altered time and again since it was enacted.

According to McCarthy (2002), the Act is divided into nine categories namely surveillance, prevention of terrorism by anti-money laundering practices, improved intelligence, domestic security against terrorism, putting away judicial obstacles to investigation, border security, victims of terrorism compensation, establishment of criminal law of terrorism and terrorism classification as criminal offense. The surveillance provision has particularly brought problems regarding rights. Restrictions were specifically eased to the Foreign Intelligence Surveillance Act (FISA) and allowed surveillance to be conducted more freely by the government (Kerr, 2002)

During this time internal conflicts between the National Security Agency (NSA) and the Central Intelligence Agency (CIA) which disrupted the flow of information. The commercial planes were easily taken control of by hijackers with box cutters which raised concern and revealed to the world how easy it was to bypass our security measures. The PATRIOT Act was aimed at enhancing security for protecting us against these threats but it has however been criticized since it overhauled procedures of investigation that threatened the American citizens` privacy (Gouvin, 2003)

The approval of the PATRIOT Act led to the removal of the requirement of ” probable cause” by the Bush administration that was established by the Smith Act of 1940 for obtaining a search warrant. The Immigration and Naturalization Service (INS) was allowed to arrest individuals who had no warrant and detained them indefinitely by pressing no charge against them. Section 215(d) of the PATRIOT Act suppresses information to release about the government`s investigation regarding the government`s issuance of mandatory gag orders. It has been named the “secrecy clause” and has prevented individuals from holding the government accountable for its deeds. Section 215(d) of the PATRIOT Act has given authority to the FBI to prevent the public from accessing information from any library database. It has ignored civil liberties by operating in the shadows which are not affected by the scrutiny of the law or public.

Section 213 has allowed the government to carry out a “sneak and peak” seizures and search without probable cause where the searches were done on ordinary US citizens who committed crimes not related to terrorism. Title II allows the government to collect foreign intelligence information on both Americans and non-American citizens. It resulted in the removal of legal barriers between the operations of surveillance and criminal investigations and removed the government`s requirement for proving that the target is not the US. Title III was established for the purpose of preventing terrorists from getting funding for their operations. It enabled the finding and prosecution of money launders by law enforcers and expanded the instruments for recording keeping in the institutions. It allowed for seizing of individuals` property and money for any reason and made it mandatory for reporting of suspicious transactions by financial institutions.

Title IV gave vast investigative powers to INS and the United States Attorney General. New standards for conducting background checks, determining identities and visa eligibility were developed. Title V allowed paying rewards concerning collection and prevention of terrorist activities. Education information can be collected by the Attorney General from institutions if there is a likelihood of the records to contain information concerning the occurrence of terrorist action. Information given by any of educational institution in a case like this is termed immunity. National Security Letters (NSLs) are used by CIA and FBI and other departments for collecting records, data and information regarding certain individuals or organizations Title VII enables law enforcers to easily communicate across jurisdictions for protection of critical infrastructure. Changes in the definition of terrorism were made by Title VIII. Title IX dealt with the improvement of intelligence gathering and distribution to ascertain the efficient working of the agents. Title X enabled the creation of grants for first responders to fund instruments and training needed to prevent terrorism.

Conclusion

The PATRIOT Act consisted of both good and bad elements. In a way, it assisted in securing our borders and making it harder for our enemies to complete their goals against us. It allowed the shifting of the focus of concern by the Government from American Civil Liberties to untrue security sense by removing our privacy completely. The PATRIOT Act got praise from many individuals but immediately they read the details and saw the outcomes, they noted that it was used as a political weapon. The unconstitutional gang orders provided a little evidence of the misuse of authorities by the government but since the inaction of the PATRIOT Act, there is no or very little evidence that the government has done to keep our country safer (Whitehead & Aden, 2001)

Individuals who propose the PATRIOT Act argue that it is necessary to give some of our liberties for the Government to monitor everything in safety`s name. Individuals who oppose the PATRIOT Act say that it is not the right way for us to give up freedom for matters of security. The constitution says that it is the work of the government to protect our citizens and interests both from outside the country and from within.

References

Gouvin, E. J. (2003). Bringing out the big guns: the USA patriot act, money laundering, and the war on terrorism. Baylor L. Rev., 55, 955.

USA PATRIOT Act. (2017). Retrieved from https://www.britannica.com/topic/USA-PATRIOT-Act

McCarthy, M. T. (2002). USA Patriot Act.

Whitehead, J. W., & Aden, S. H. (2001). Forfeiting enduring freedom for homeland security: A constitutional analysis of the USA Patriot Act and the Justice Department’s anti-terrorism initiatives. Am. UL Rev., 51, 1081.

Kerr, O. S. (2002). Internet surveillance law after the USA Patriot Act: The big brother that isn’t. Nw. UL Rev., 97, 607.

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