Abstract

From a historic point of view, it is clearly shown that the type of the civil rights which are awarded to the citizens in the United States of America are in the same way hard to entangle from the similar threats which are given to the same country both internally and externally at any given point and period. All though the history in the United States of America, the constitution as well as the bill of rights has in many cases received a beating whenever the nation is threatened. This situation is witnessed even today. This paper therefore tries to review some of the relevant peer reviewed and the scholarly literature in order to gain some of the insights of the issues that shows the ground in which the administration must work on in order to solve issues to do with the security and the justice. In addition, the *write my college essay* paper discusses how the mass media and the use of the innovations in the technology have affected issues to do with security and justice. Finally, the paper discusses how the rights of the American people have been used by the United States of America Patriot Act and other legislations that have been enacted by the administration. The paper gives a summarized research and important findings at the conclusion section.

Review and Discussion

Irrespective of the security of the nation, it is possible to safeguard justice from a strict legal perspective. This is because “justice” from a legal point could be defined as a social construct which could be subjected to the judicial fade depending on the current laws of the land at any given time and period. For instance, going by the Black Law Dictionary (1991), the definition of justice is the ability to have proper administration of the laws. This is in the jurisprudence, regular as well as ion the outlook of matters which are legal or even the disputes that gives every man his due. (p. 864). The vague concept however of “every man’s due” depends on what the law of the nation says it is. This concept usually changes depending on the type of threat the nation is experiencing at that time. Going by the argument of Abdolian and his colleague (2003), the USA Patriot Act has mainly concentrated on the increasing more new powers to the executive branch of the government while at the same time, decreasing the judicial powers. (p. 429).

The rights of the American people have been abused in many ways and the obvious abuses include the following: first and foremost, the American administration has created new crime. In the Act, section 802 has created a new federal crime which is referred to as “domestic terrorism”. This includes any type of crime that appears to be targeted or to influence government’s policies through coercion or through intimidation. If applied, such a policy may be used to silence any radicals who arise to critique any government policy at any given period. Secondly, there is diminished due process to new immigrants. In the Act, section 411 the definition of engagement ion the terrorism activity is expanded to include any fund raising that may be done to some of suspects’ organizations and also use of weapons. In addition, this section allows for the removal of people who are non citizens with little or no review by the judicially. In this connection, the Attorney General of the USA together with the secretary of the state has powers to categorize any domestic group or organization as terrorists and deport any non American citizen to their country of origin. Thirdly, the Patriot Act leads to diminished privacy. The Act has in many times suppressed the privacy right at many instances such as having high and increasing the grounds for surveillance as well as wire tap authority. It also encourages use of internet usage tracking system and having authority to access private records. Sneak and peek searches have been given powers by the Act. Fourthly, the Act lowers power of probable cause. There is reduction of the fourth amendment requirements of the probable cause in section 215 of the Act. This is unlike how it was interpreted in previous times by the Foreign Intelligence and Surveillance Act (1978). Then the Act allows for sharing of intelligence information through the various independent agencies such as the FBI, CIA and INS agencies. Still the Act allows for sharing of intelligence information between several state and Federal agencies. (Abdolian et al, 2003, p. 1430).

As a result of the USA PATRIOT Act together with some other ACTS in the USA, more than 1,200 immigrants in to the USA were immediately detained having not committed any crime or terrorist crime for an extended duration of time. In addition, the immigrants were not charged with doing any acts of terrorism. (Abdolian et al. 2003). More over the detained immigrants were subjected to civil rather than criminal proceedings. The American administration does not have any amendment or responsibility to give the immigrants free counsel during the proceedings. (Abdolian et al, 2003). Based on an argument by Tyler (2006), the clause on the suspension could be effected with great ease. In the constitution, the emergency provisions shall not be suspended until during the rebellion or attack periods when the safety of members of public may require it. (p. 333).

It is this clause of suspension that President Lincoln used during the civil war where he perceived some sense of threat to the national security. It is for this reason that Tyler believes that the USA Patriot Act may be expected to be expanded to suspend the Writ of Habeas Corpus for all the American citizens. He quotes that following the unexpected September 11 attacks, George Bush administration asked the congress of USA TO SUSPEND THE Writ of Habeas Corpus for all American citizens in a way. Five years later, the country was waging a war against terrorism for indefinite duration of period. The possibility of having another terrorist attack in the USA soils is so unfortunate and does not seem to be real. Such an incidence can cause the USA congress to suspend the Writ Habeas Corpus of all American citizens. (p. 333). Some of the people have even argued that the wars which were being prosecuted in Iraq and Afghanistan act as a “the tail waging the dog” and may be part of the evil to cost the American taxpayers while selectively enriching a few cronies.

As a result of the USA PATRIOT Act together with some other ACTS in the USA, more than 1,200 immigrants in to the USA were immediately detained having not committed any crime or terrorist crime for an extended duration of time. In addition, the immigrants were not charged with doing any acts of terrorism. (Abdolian et al. 2003). More over the detained immigrants were subjected to civil rather than criminal proceedings. The American administration does not have any amendment or responsibility to give the immigrants free counsel during the proceedings. (Abdolian et al, 2003). Based on an argument by Tyler (2006), the clause on the suspension could be effected with great ease. In the constitution, the emergency provisions shall not be suspended until during the rebellion or attack periods when the safety of members of public may require it. (p. 333).

It is this clause of suspension that President Lincoln used during the civil war where he perceived some sense of threat to the national security. It is for this reason that Tyler believes that the USA Patriot Act may be expected to be expanded to suspend the Writ of Habeas Corpus for all the American citizens. He quotes that following the unexpected September 11 attacks, George Bush administration asked the congress of USA TO SUSPEND THE Writ of Habeas Corpus for all American citizens in a way. Five years later, the country was waging a war against terrorism for indefinite duration of period. The possibility of having another terrorist attack in the USA soils is so unfortunate and does not seem to be real. Such an incidence can cause the USA congress to suspend the Writ Habeas Corpus of all American citizens. (p. 333). Some of the people have even argued that the wars which were being prosecuted in Iraq and Afghanistan act as a “the tail waging the dog” and may be part of the evil to cost the American taxpayers while selectively enriching a few cronies.

Conclusion

After the September 11, 2001 terrorist attack, many observers said that things were never going to be the same again in USA. The passage of the USA Patriot Act and the reduction of the American human rights suggest that the observers may have been right. It is a fact that the American people human rights have been suppressed by the Act and other important measure which are intended to fight terrorism. Only, with more time, we would be able to tell whether the rights and the measures could go back to the level they were in before the September 11, 2001 attack. As a result of this, the research clearly shows that when and in case the current as well as the perceived threats to the USA are resolved, the idea of the public justice may again resume center stage. The human rights groups are likely to take back their colors and demand that their rights be awarded and guaranteed to the American people by the constitution rather than by version in which they are being given to the American people today in the name of fighting terrorism in the country. Finally, it would be fair enough to conclude that justice and security cannot be mutually exclusive in any way. The most balanced approach could be viewed and achieved from any situation including during the times when the country is at war. The question however still remains that what levels of justice should be available and served and what laws should be put in place in America to give every man his dues.