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The Patriot Act: Are Civil Liberties at Risk?, 2005. A look at the debate over civil liberties and anti-terrorism legislation. 4,544 words (approx. 18.2 pages), 10 sources, MLA, $ 118.95 »
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Abstract This paper examines some of the most controversial parts of the USA PATRIOT Act and attempts to determine if civil liberties really are being compromised. The author expresses the opinion that Americans should have to give up as few of these liberties as possible, but in the society that we live in today, Americans should be prepared to accept some advancements in law enforcement and be willing to forfeit a few freedoms for the sake of safety and security.
Background and Significance
Brief Overview of the Patriot Act
The Problem - Discussion and Analysis
Are Civil Liberties at Risk?
The Solution - New Legislation
From the Paper "On October 24, 2001 the One Hundred and Seventh Congress of the United States of America passed Public Law 107-56, also known as Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism, or, the USA PATRIOT Act. The Patriot Act was passed in the aftermath of the September 11, 2001 terrorist attacks, when terrorist group Al Qaeda hijacked passenger aircrafts and crashed them into the World Trade Center towers, the Pentagon, and a field in Pennsylvania. Thousands of people were killed or injured in these attacks, and the government was under enormous pressure to develop legislation to prevent future attacks (Etzioni, 2004). The Patriot Act, which has proven to be some of the most controversial legislation drafted in our time, passed just six weeks after the September 11 attacks. The Act passed by an overwhelming margin, the vote in the House of Representatives was 356-66 and the vote in the Senate as an overwhelming 98-1. The Patriot Act was passed with very little public debate (Chang, 2001)."
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The Patriot Act and Civil Liberties, 2004. Argues that the 2001 Patriot Act goes against the American Constitution. 1,950 words (approx. 7.8 pages), 13 sources, MLA, $ 62.95 »
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Abstract On October 24, 2001, just six weeks after the September 11th attacks and under the guise of national security, a prosecutor?s wish list, not limited to terrorists, was born. This paper argues that, while the Patriot Act contains many appropriate provisions, it is specifically oppressive in reference to some of its expansive powers, which infringe on citizens? civil liberties. It further argues that the United States, the original model of democracy around the world, should be able to protect and defend itself without sacrificing the constitutional rights granted to its citizens.
From the Paper "Furthermore, the aforementioned searches are not subject to the sunset clause attached to some of the Patriot Act?s extended powers. What is particularly ominous about these searches is underlined by Tracey Maclin, a leading expert on the Fourth Amendment. Professor Maclin warns that these break-ins are not tied only to cases in which national security or threats from foreign agents appear to be the focus of investigations. It can apply to any criminal investigation (as cited in Hentoff, War 40). Therefore, with the sneak and peak warrants, the government can break into any citizens home, search and confiscate anything deemed necessary, and avoid notifying the person for an indefinite amount of time."
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USA Patriot Act, 2005. A position paper on the dangers to civil liberties from the Patriot Act. 690 words (approx. 2.8 pages), 3 sources, APA, $ 23.95 »
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Abstract This paper examines and critiques the U.S.'s Patriot Act, which was passed in an attempt to protect U.S. citizens from terrorism, in the post 9-11 era. The paper argues that the dangers to civil liberties and the rights of U.S. citizens due to the passage of the USA Patriot Act represent a bigger threat to the future of the American people than any terrorist group or act of terrorism.
From the Paper "In the wake of the worst terrorist attacks in U.S. history on September 11, just six weeks later, with little Congressional resistance or analysis, the U.S. Congress passed into law the USA Patriot Act, also known as...."
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Habeas Corpus - Civil Liberty or Civil Right, 2008. An analysis of civil liberties and civil rights and which of them applies to habeas corpus. 3,137 words (approx. 12.5 pages), 15 sources, APA, $ 91.95 »
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Abstract This paper explores the origins and history of habeas corpus, from its roots that predate the Magna Carta through to the present day, where it is being employed to the benefit of hundreds that wrongly languish in prison. The paper also explains the distinction between civil right and civil liberty and discusses which applies to habeas corpus. Lastly, the paper looks at the historic ups and downs of habeas corpus and discusses its unique place in the Constitution, separate from provisions contained in the Bill of Rights.
From the Paper "Rights and liberties need to be at their strongest when public support is at its weakest. Civil rights are decreed by law, civil liberties are God given, and the actions of legislatures are inevitably governed by the politics of the time. Habeas corpus is a civil liberty included among the "self evident truths" of the Declaration of Independence, and alone one of the civil liberties that can be suspended by acts of the government during times of crisis. The president judged by history as one of the best, sought to suspend these liberties in time of extreme crisis in the nation's young history. It was circumvented to increase support during a world war, to intern "dangerous" citizens during another, and to grant due process rights to perpetrators of the war for the new millennium. It is now freeing hundred of wrongly convicted people of a crime. The future of habeas corpus is uncertain in the short term, but solid in the future as all inalienable rights bestowed upon the common man by his creator."
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The USA PATRIOT Act. This paper discusses the USA PATRIOT Act, which gives the American government the power to fight terrorism in a more effective manner, but might cost Americans the loss of civil liberties and personal rights. 1,740 words (approx. 7.0 pages), 8 sources, APA, $ 56.95 »
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Abstract This paper explains that the USA PATRIOT Act has given 'terrorism' a new and much wider meaning and defines a new category called "domestic" terrorists as compared to international terrorists. The author points out that the new Act has defined a number of new money laundering crimes, as well as amendments and increased penalties, including confiscation of all of the property of any individual or enterprises that plans or carries forward an act of domestic or international terrorism. The paper stresses that the Act can be misused for the purpose of prosecuting political dissidents of many types and might be seen as a violation of six of the ten original elements of the Bill of Rights: the 1st, 4th, 5th, 6th, 7th, 8th, and 13th Amendments.
From the Paper "USA PATRIOT Act originated from a consultation draft, which was circulated by the Department of Justice, and was modified and amended substantially by the US Congress. The Act is to be used for helping the law enforcement officials to find out and punish those responsible for the attacks on September 9th and to protect the people against such attacks in the future. This Act has given the federal officials extensive powers to trace out and intercept the communication channels used by the terrorists. This tracking can be used for both law enforcement and foreign intelligence."
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Civil Liberties, 2002. Explores the active and passive roles taken by the American government to ensure that the country can maintain civil liberties. 1,326 words (approx. 5.3 pages), 5 sources, MLA, $ 44.95 »
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Abstract The United States is a country founded on the notion of protected civil liberties. After all, the pioneers who came to the country in the 18th century were themselves fleeing from persecution and seeking the freedom to practice their religious beliefs and the right to discuss their diverging views in public. Today, these freedoms are protected by law under the Bill of Rights. They serve to protect individual freedoms from encroachment by the government. It is largely through the Bill of Rights that the Constitution limits the government?s powers over the rights of individuals. This paper examines the dual role the government takes in approaching such freedoms. First is the passive role, where the law prescribes that the government limit its role in matters of individual civil liberties. This includes the hands-off policy the government is supposed to take in matters such as freedom of the press and privacy rights. The second part of the paper then examines the government?s more active role in enabling people to practice their civil liberties. This includes affirmative action policies that help address the historic inequality in the treatment of minorities and women.
From the Paper "In cases of freedom of speech, for example, many government bodies and private citizens have raised concerns regarding the effects of violent media on viewers, particularly children. Most proponents of media regulations are also interested in protecting free speech and the free circulation of ideas. However, critics like Roger Kimball and his followers maintain that brutal and violent images in media generate violence within their viewers, by corrupting individual morals. Because of this, Kimball maintains that the government ?also has an interest in protecting the moral sensibility of its citizens, especially the young? (21)."
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Civil Liberties in America, 2004. A discussion of how the Patriot Act could be considered an infringement upon the right to privacy. 1,150 words (approx. 4.6 pages), 4 sources, MLA, $ 39.95 »
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Abstract This paper looks at the constitutional dilemmas facing American lawmakers following the terror attacks of Sept 2001. It explains that, on the one hand, security needed to be tightened up, but how, on the other hand, laws like the Patriot Act might be viewed as a clamp-down on civil liberties.
From the Paper "The terrorist attacks of September 11, 2001 have necessitated a new awareness of the shortcomings of the American security system. It follows that there also arose the need to reassess this security system and to enhance the measures already in place so that the possibility of future attacks can be minimized. The emotions aroused by 9/11 doubtlessly played a large part in allowing the government to use measures that would otherwise appear outrageous, or at the very least an infringement upon the right to privacy. Some of these measures have come under renewed scrutiny, while others have been deemed acceptable."
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The War on Terror - Threats to Civil Liberties, 2008. A look at the growing concern at the loss of civil liberties in the US, which are guaranteed by the Constitution, in order to fight the war on terror. 1,024 words (approx. 4.1 pages), 5 sources, APA, $ 36.95 »
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Abstract The paper discusses the topic of the war on terrorism in America. Specifically it discusses how the American war on terrorism has created numerous threats to civil liberties in the USA. The paper states that many Americans fear the threat of another terrorist attack, and believe the government has the right to take any measures necessary to keep that from happening. The paper concludes that many of the government's tactics threaten the civil liberties of Americans, a topic that is often overlooked in the war on terrorism.
From the Paper "However, there are many areas where experts show American civil liberties are being threatened or decreased. For example, recent Congressional inquiries and votes indicate the concern over loss of civil liberties when it comes to phone surveillance and records. After 9/11, the US Patriot Act modified many rules and regulations regarding gathering foreign and domestic intelligence. One of the most controversial was the ability to wiretap or listen to phone, wireless phone, and email communications. Before 9/11, there were stringent guidelines on what type of communication could be wiretapped, and suspects who were wiretapped had to be notified if the evidence collected could be used against them in court. The Patriot Act relaxed these rules, making it much easier for agencies to wiretap both foreign and domestic phone calls, with little or no provocation. This means that the government essentially can listen to any conversation they want to, whether they believe it has a relationship to the war on terror, or not, which is clearly a violation of the right to privacy guaranteed in the Constitution (Etzioni 52). A recent bill would have absolved communications companies of any liability in these wiretapping cases, but Congress defeated that bill, indicating the growing concern over the loss of civil liberties."
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Civil Liberties after September 11th, 2002. A look at the impact of the events of of September 11th on American civil liberties and nationalism. 1,150 words (approx. 4.6 pages), 4 sources, $ 44.95 »
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Abstract This paper will discuss the ramifications of September 11th on American civil liberties. By presenting such legislations as the Patriot Act, we can see how nationalism after the attack has limited American freedoms of speech and action.
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?The State of Civil Liberties: One Year Later?, 2002. A review of the report, ?The State of Civil Liberties: One Year Later?, a report published by the Center for Constitutional Rights. 984 words (approx. 3.9 pages), 1 source, MLA, $ 34.95 »
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Abstract This paper examines, ?The State of Civil Liberties: One Year Later?, a report published by the Center for Constitutional Rights, which discusses a series of Executive Orders that indirectly seek to eliminate some of the most important aspects of American Constitutional rights. It looks at how these Executive Orders, which have been enacted since September 11, 2001, according to the CCR, are a threat to the civil rights that belong to every American. It shows how the orders enacted to fight the war on terrorism have nullified the rights of the people, as well as the responsibilities of the federal government. In particular, it discusses how the CCR is specifically concerned about the Fourth, Fifth, and Sixth Amendments to the Constitution and the encroachments that certain orders have made on these Amendments.
From the Paper "The CCR believes that the most disturbing act to undermine the separation of powers was the establishment of military tribunals to try accused terrorists. According the CCR, the Executive has taken on ?the most fundamental role of the judicial branch... it gives the President the power to decide who will be tried under the system, to create rules by which a trial will proceed? (CCR 6). The report states that all of the key roles in the military tribunal process are to be ?filled by military officers acting upon designation of the President.? In such trails, evidence will be presented as officers acting like prosecutors and will be judged by officers acting as judges. In addition, the accused?s attorney must be found eligible for access to information classified as ?secret? under the Defense Department guidelines."
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James Madison and Civil Liberties, 2007. This paper discusses James Madison's role in trying to balance civil liberties with government power through the drafting of the Bill of Rights. 7,762 words (approx. 31.0 pages), 30 sources, APA, $ 168.95 »
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Abstract In this article, the writer provides a review of the relevant literature to show that Madison played a critical role in drafting the Bill of Rights due to his concern for balancing civil liberties and central government power. A summary of the research and important findings are provided in the conclusion. The writer points out that the research clearly shows that Madison was absolutely convinced of the correctness of his thinking at any given point in time concerning the need for ratification of the Constitution and the Bill of Rights. The writer notes that it also shows that he was able to learn from mistakes, entertain the opinions of others without necessarily accepting them and contribute to the American nation through a life of public service that spanned 40 years.
Outline:
Perspectives Articulated at the Constitutional Convention
Federalist Perspectives
Bibliography
From the Paper "The first major confrontation concerning the ratification of the Constitution involving the need for a bill of rights occurred in Pennsylvania several weeks after the close of the Constitutional Convention; at that time, the Seceders from the state Assembly called upon their electorate to consider whether the rights of citizens could be regarded as safe under a constitution that did not contain a bill of rights; also in Pennsylvania, Samuel Bryan argued in 1787 that the absence of a bill of rights made it essential for a second constitutional convention to be held to address the errors and omissions of the first."
"In response to these charges, James Wilson articulated the basis for distinguishing between a government of unlimited powers and one of enumerated and defined powers; in fact, Wilson also significantly contributed to the drafting of the Constitution as a member of the Pennsylvania delegation to the Constitutional Convention and was a prominent legal scholar who would subsequently serve as a Justice on the original U.S. Supreme Court. In this regard, Wilson believed that because the Constitution already delineated the powers available to the national government, there was little need to amendment them for the people's protection because the national government was without power to interfere in these domains."
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Civil Liberties in the Workplace, 2002. Discusses the extension of civil liberties and participatory decision-making to the workplace. 650 words (approx. 2.6 pages), 2 sources, $ 26.95 »
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Abstract It has been asserted by some people that extending civil liberties, as well as participatory decision-making (that is, allowing workers to take part in managerial decisions) to the workplace would improve the American workplace. This paper examines this idea in relation to Nancy Ehrenreich's book "Nickel and Dimed: On (Not) Getting By in America".
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Civil Liberties Post September 11th, 2007. An analysis of the changes in civil liberties of American citizens and non-citizens post the September 11, 2001 terror attacks. 1,950 words (approx. 7.8 pages), 4 sources, MLA, $ 62.95 »
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Abstract This paper discusses threats to civil liberties in the United States following the terrorist attacks of September 11, 2001. The paper explains that these threats fall into three broad categories: secrecy, erosion of checks and balances, and circumventing long-standing personal privacy protections. The paper discusses the reasons for these changes and how they are affecting American citizens.
Table of Contents:
Introduction
Secrecy
Erosion of Basic Checks and Balances
Privacy
Conclusion
From the Paper "The last major threat to civil liberties, since the advent of September 11th, is the reduction of privacy in America. Privacy is one of the most valued of civil liberties for Americans. When asked if they'd be willing to allow the monitoring of telephone and e-mail conversations as a means of increasing national security against terrorism, only 34 percent of respondents were willing to give up this civil liberty (Davis & Silver). The ACLU clearly points out that the blurring of the lines between traditional separation of criminal investigation and intelligence gathering has seriously eroded the public's right to privacy. This is a backwards leap from the progress the country has made over the last four to five decades, when the FBI used programs such as COINTELPRO to harass civil rights leaders and anti-war groups ("Threats to Civil Liberties")."
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U.S.A. Patriot Act, 2004. Examines the U.S.A. Patriot Act, which was passed after 9/11, and how it affects the civil rights of innocent Americans. 1,873 words (approx. 7.5 pages), 6 sources, MLA, $ 59.95 »
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Abstract This paper explains the extent of the U.S. Patriot Act. It discusses how civil liberties and legal defense groups are troubled by the cases and predict that the government will soon be using harsh anti-terrorism laws against ordinary lawbreakers. It explains that the U.S.A. Patriot Act has thus expanded the surveillance and investigative powers of law enforcement agencies. The American government may use this Act to fight terrorism in a more effective manner, but this Act will cost Americans much in terms of lost civil liberties and personal rights.
From the Paper "One of the worst, yet momentous events in U.S history occurred on September 11th, 2001. This event released a flow of patriotic fervor and a permanent fear among all Americans that they had also now become suspect to acts of international terrorists. This led to a lot of changes in the attitudes of the executive and legislative branches in the United States government. They came up almost immediately with new measures, which were supposedly against terrorism or terrorist threats. One of the principle acts passed by them was called ?Uniting and Strengthening America by Providing Appropriate Tools Required to intercept and Obstruct Terrorism Act of 2001,? also called the USA Patriot Act. This was signed and approved as law by President Bush on October 26th, 2001. This act is one of the most sweeping acts passed in the history of modern America. The Act affects the civil liberties of the citizens of USA and even non-citizens who are residing in America on a regular basis."
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The Patriot Act, 2003. Discusses the impact of the 2001 Act on the civil liberties of Americans. 1,125 words (approx. 4.5 pages), 6 sources, $ 39.95 »
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Abstract The paper describes aspects of the 2001 Patriot Act, including extensive surveillance powers to investigate the reading habits and Web surfing of citizens.
From the Paper "THE PATRIOT ACT AND CIVIL LIBERTIES
Barely six weeks after September 11, 2001, The Congress and the President may have done more damage to our civil liberties and freedom than the terrorists who crashed the planes into the Pentagon and World Trade to..."
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