Wiretapping

Paper Summary:

In this article, the writer discusses the argument that Bush's actions authorizing the surveillance of citizens are constitutional as they provide for common defense and ensure domestic tranquility. The writer explains that this is the argument put forth by proponents of Bush's orders authorizing secret wiretaps of private citizens and circumventing the established legal process for spying on individuals by the government. The writer discusses that some argue that the executive power vested in Bush allows him to circumvent the very document from which he gains that power, the Constitution itself. The writer claims that this logic is inherently flawed and examines three arguments as to why justifying the constitutionality of Bush's actions in this way is incorrect.

From the Paper:

"The second rationale used by supporters of the surveillance program has been a defense of previous instances of constitutional violations in the name of security. The suspension of constitutionally-guaranteed rights during wartime, however, has been used only rarely during the history of our nation, most memorably when Abraham Lincoln ordered the suspension of habeas corpus, or the right to be presented with proof of why one is being incarcerated, during the Civil War. The rights of Japanese Americans were significantly violated during the internments during World War II, with executive blessing, but the government has issued an official apology for this action and deemed it a mistake, offering millions in reparations to the affected citizens and their families. The suspension of any civil liberties requires the most stringent of oversight to ensure that no freedom is unnecessarily violated, and cannot possibly be expected to be conducted fairly through the veil of secrecy under which the wiretapping programs were administered."

Sample of Sources Used:

• ACKERMAN, SPENCER, "THE KEY QUESTION ABOUT BUSH'S WIRETAPPING PROGRAM" Listening Skills, The New Republic Online, 12/27/05. Available at http://www.tnr.com/doc.mhtml?i=w051226&s=ackerman122705
• Alonso, Karen. Korematsu v. United States, Japanese-American Internment Camps. Berkeley Heights, N. J.: Enslow, 1998.
• Bazan, Elizabeth "The Foreign Intelligence Surveillance Act: An Overview of the Statutory Framework and Recent Judicial Decisions - CRS Report for Congress." Congressional Research Service - April 2005. Order No. RL30465.
• Hamdi v. Rumsfeld 542 US 507 (2004).
• Hamilton, Alexander (1996) Federalist No. 84, published by The Avalon Project, Yale Law School, at http://www.yale.edu/lawweb/avalon/federal/fed84.htm

More papers on Wiretapping:

• Research Paper # 8846 : "The World of Wiretapping"
• Analytical Essay # 113437 : "9/11 and Wiretapping"
• Term Paper # 148484 : "Wiretapping and Electronic Surveillance"
• Research Paper # 91696 : "Governmental Wiretapping"

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