Wednesday, March 23, 2011
Aaron Tisack- ACLU
Monday, March 21, 2011
Big Debate
Big Debate: ACLU v. NSA
(individual rights v. national security)
My stance on debate:
The Executive Branch does not have the authority/power to spy on Americans without a court warrant in order to stop the war on terror because it is unreasonable search and seizure to the American people, along with violation of privacy.
Background:
After 9/11 fear of terrorism rose and the Bush administration took action by implementing a National Security Agency that wire tapped in to phone calls and email. This was discovered in 2005 and in the following year the ALCU defeated the Bush administration's spying program (NSA) yet the next year, their decision was overturned by the 6th Circuit.
Evidence:
Violation of 4th Amendment (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.) Violation of privacy and unreasonable search.
Counterpoints:
The President has the authority to protect the nation in order to do so he can (by implied powers) tap into conversations. Patriot Act allows agency's to search telephone, e-mail communications, medical, financial, and other records in order to regulate the war on terror.
Video:
http://www.youtube.com/watch?v=bYVxlCA9vPQ Ann Beeson argues on the ACLU side about Congress's need to stop tapping into Americans. She believes that the President is not above the law, ordinary Americans should not be tapped, and Americans need reassurance that they can do their jobs (lawyers, etc.).
2. In 2005, it was publicly announced that President Bush had used wire tapping and spying techniques in order to protect the country from possible terrorist attacks. These spying techniques were preformed without a warrant and violated the U.S. Constitution. President Bush argued that he executed his actions in order to protect the country, and therefore had the authority not to issue a warrant.
3. Evidence:
- The first amendment protects the right to free speech and expression. Citizens have the right and protection to express whatever they wish, and have the reassurance that they will not be in legal trouble.
- The fourth amendment protects against the right to unreasonable search and seizure without a warrant. A search against an innocent citizen could be seen as unreasonable.
- This is a violation of the separation of powers. Congress asked the President to restrain from the wire-tapping, and the President refused this request.
ACLU v. NSA
2) After the terrorist attack of 9/11, president Bush installed a program through the NSA that let the NSA tap into phone lines, emails, text messages, ect, without a search warrant in order to find possible links to terrorists to prevent another terrorists attack.
3)
- The wire tapping represents a vital effort by the President to ensure that we have in place an early warning system to detect and prevent another catastrophic terrorist attack on America.
- President has the primary duty under the Constitution to protect the American people.
- The Constitution gives the President the full authority necessary to
carry out that solemn duty. - Congress in the Authorization for Use of Military Force (AUMF), enacted on Septembcr 18, 2001 -- After 9/11, Congress' first move was to authorize the president to
- In its first legislative response to the terrorist attacks of September 11th, Congress authorized the President to “use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks” of September 11th in order to prevent “any future acts of international terrorism against the United States.”
- Hamdi v. Rumsfeld
- In order to intercept there must be a “a reasonable basis to
conclude that one party to the communication is a member of al Qaeda, affiliated with al Qaeda, or a member of an organization affiliated with al Qaeda.
- NSA does not have the power under the 4th amendment, which requires a search warrant.
- "slippery slope" - If you give the president the power to do this you ultimately give him the power to do whatever he wants.
5) -- couldn't find one that didn't require youtube...
Sunday, March 20, 2011
Matt Sanfield- ACLU vs NSA
Background Information: The terrorist attack of 9/11 prompted the initiation to propose a new type of national security measure: wire tapping. Allowing wire tapping was passed following 9/11 through the Terrorist Surveillance Program, which intended to intercept international phone calls and internet communications overseas where at least one party involved in the conversation was not of United States origin. From this point, the Patriot Act was passed, which allowed the United States' Government to hack into interpersonal conversations to prevent terrorism and protect the safety of the Nation. Furthermore, the United States was informed that the National Security Agency had permission from the President to intercept phone calls and internet communications within the United States, without a warrant for the sake of National Security. Like many, the ACLU found this hard to believe and in violation of the American public's basic rights. Members of the ACLU had relationships with people in the middle east, and frequently communicated with them. These people were worried that their private conversations were being read by the NSA. Thus, the ACLU took the NSA (National Security Agency) to court regarding the constitutionality of allowing the NSA to intercept the American public's communications. In a 2006 district court ruling, the NSA program was found to be in violation of the 1st and 4th amendments, along with the Foreign Intelligence Surveillance Act. However in 2007, the case was dismissed in a Court of Appeals on the basis that plaintiffs in the case had no evidence to sue based on their inability to prove that they had been wiretapped by the NSA. This ruling further protected the NSA from judicial punishment and resolved nothing. The case was appealed to the Supreme Court in 2008, however the case was declined but is predicted to be admitted upon resubmission. Later that same year, the FISA Amendments Act was passed, allowing the NSA to have more power to spy on American citizens. The act was challenged by the ACLU in the case "Amnesty v Blair".
Supporting Evidence: Allowing the NSA to spy on Americans without a warrant is unconstitutional.
-It violates the 4th amendment- "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." Violating the aspect of being secure in their own home on the phone. Violates the aspect that a warrant is required for search or seizure and only obtained with reasonable evidence requiring it.
-It violates the Katz v US (1967) ruling- Katz called someone in a phone booth regarding an illegal gambling activity but the FBI was secretly listening in on him. The FBI used that recorded information to convict him, but he appealed the ruling. The court ruled: "The Government's activities in electronically listening to and recording the petitioner's words violated the privacy upon which he justifiably relied while using the telephone booth and thus constituted a 'search and seizure' within the meaning of the Fourth Amendment." – Justice Stewart [1]
Regardless of the location, a conversation is protected from unreasonable search and seizure under the Fourth Amendment if it is made with a “reasonable expectation of privacy”. Wiretapping counts as a search (physical intrusion is not necessary). It also established the reasonable suspicion test.
- Violated the reasonable suspicion (which was a test to determine if government activity constitutes a search). It was test on the basis of 2 things- 1. an individual has exhibited an actual expectation of privacy. 2. is the expectation of privacy reasonable? The expectation of privacy was violated. Places intertwined with expectation of privacy: home (violated), phone booth, jails, and public restrooms. In these places you're granted a right to privacy (dont have to worry about Government
interference).
-A district court found the act to be unconstitutional.
Counter- Arguments:
-It's for the purpose of National Security and thus legal.
-The NSA only uses it to track down terrorists and because of this narrow view, it can't be misused. For example, if a murderer confessing to a murder was recorder, that information couldn't be used in trial because it wasn't related to preventing the war on terrorism.
-Patriot Act grants the US Government the authority to spy on American citizens.
-Schneck v US- Schneck had his rights violated in a time of war to protect National Security.
Video: http://www.youtube.com/watch?v=bYVxlCA9vPQ
A video justifying the unconstitutionality of the NSA's power to intercept all interpersonal communications within the US.
ACLU v. NSA
2. After September 11, 2001 President Bush authorized surveillance on the United States to receive messages and phone calls going to foreign countries. He made the argument that it was constitutional due to national security. In 2005 the nation found out about this and later in 2006 ACLU challenged this in a district court and won, but in 2007 it was overturned. ACLU challenged the decision to the Supreme Court in 2008 which was decided that the NSA had even more power than before.
3. Violation of the 4th amendment which states that there is no unreasonable search and seizure without a warrant, checks and balances which would limit the power to the executive branch, violation of the communications act; you can't intercept or read messages in the United States, also a violation to the Foreign Intelligence Surveillance Act which states the procedures to get judicial permission to have electronic surveillance on people involved in suspected terrorism.
4. Some possible opposing arguments would include: the Patriot Act which allows certain actions without judicial authorization, the goal is to protect national security, and it isn't UNREASONABLE search and seizure.
5 video: http://www.youtube.com/watch?v=bYVxlCA9vPQ
this video provides arguments in support of the ACLU. It shows some of the arguments from the court of appeals in Cincinnati.
Friday, March 18, 2011
ACLU v. NSA Debate Claire Roos
- The first amendment of the U.S. Constitution protects the right to free speech, which is being violated if the government can arrest someone for terrorist activity based on communications without court approval.
- The implied right to privacy is being violated because the government is listening and reading people's private, not public conversations and using them to prosecute people.
- The fourth amendment protects citizens from unreasonable search and seizures. Searches and seizures require a warrant, which in the NSA program, is not required to wiretap.
- This is a violation of the separation of powers because the president ignored congress's rulings/regulations against unwarranted spying. the Title III of the Omnibus Crime Control and Safe Streets Act of 1968 and the Foreign Intelligence Surveillance Act (FISA) from 1978 both issue strict regulations and limitations of surveillance, which are being violated by the NSA.
- The president's power as commander in chief gives him the power to take actions necessary to insure the safety of the United States during a war (the war on terror).
- If the program was made in accordance with the rules and regulations listed in FISA, then the wiretapping program is legal.
Thursday, March 17, 2011
ACLU v. NSA
ACLU v. NSA
Big Debate - Jenny Wang
Against Wire Tapping
Charles D. Big Debate
Big Debate
1. I believe that the Executive branch shouldn't be able to spy on Americans without a warrant to prevent terrorist attacks. This directly goes against the fourth amendment's right against to unreasonable search and seizure.
Name: Hilda L. Solis
— I said this while talking about the Employee Free Choice Act, which makes it easier for employees to form unions and to bargain with employers (Washington Post, Dec. 18, 2008)
ACLU v. NSA Debate
2) After the terrorist attacks on September 11th, 2001, the Bush Administration wanted to keep Americans safe and when the Terrorist Surveilance Act was passed, they began wire tapping and the Patriot Act was also passed which allowed the President to proceed in activity without judicial review (no warrent needed). ACLU disagreed with the NSA's wire tapping and took them to court where their actions were found illegal under the rights of the First and Fourth Amendments.
3) Constitution gives the President the power to protect the American people as Commander in Chief. Also, the NSA is only looking for information about terrorism and no other information will be used against any American (Mapp v. Ohio). The probable clause factor also contributes to NSA's actions because it is in the interest of the nation's security.
4) Could be seen as a Fourth Amendment right violation with unreasonable search and seizure. Also, could be seen as a violation of one's right of privacy or First Amendment rights .
BIG DEBATE: ACLU v. NSA Steph
Should the Executive Branch be able to spy on Americans without a court warrant in order to try to prevent future terrorists attacks on the United States?
Who: National Security Agency vs. American Civil Liberties Union
What: The chief executive has allowed NSA to wiretap phone conversations and spy on email conversations without consent. ACLU has challenged this practice, calling it a violation of the Fourth Amendment, which protects citizens from unwarranted search and seizure. However, NSA has countered that this is a necessary step towards catching terrorists; they argue that the nation's interests trump individual rights in this case.
When: This debate has first reached court in 2006, where ACLU had won against the government. However, this decision was overturned a year later. When asked by ACLU to reconsider this decision, the Supreme Court declined. In fact, Congress passed the FISA Amendments act in 2008, enabling NSA even more power to illegally search the conversations of citizens without their consent.
** FISA, also called the Foreign Intelligence Surveillance Act, gives guidelines for asking for judicial authorization of electronic communications and physical search of spies or terrorists against the U.S. for someone else**
I think the government has no right to have access to private conversations because this directly violates the 4th Amendment, the right against unwarranted search and seizure.
My Points:
Katz v. U.S. --4th amendment protects citizens and their conversations; police must obtain warrants to wiretap phones.
Mapp v. Ohio --Police cannot use evidence from unwarranted search and seizure in trials (Exclusionary Rule)
4th Amendment: 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.
The opposer's points:
-The 4th Amendment states that there must be a probable cause for the search.
-National Security trumps individual rights.
Wednesday, March 16, 2011
Janet Napolitano Video
Janet Napolitano's Public Service Announcement is related to the quote from my blog stating that Americans need to inform police or security about suspicious behavior in order for Homeland Security to keep people safe.
Eric Holder: The Man, the Myth, The Legend
U.S. Department of Agriculture
- Select organizations to inspect equipment of farms and other agricultural facilities
- Issue certificates to those who comply under agreements, giving them permission to carryout certain actions.
- Makes regulations to organizations in the chapter that are needed to ensure the functioning of the department; Can deny or give the organizations of the chapter the right to inspect equipment and have certificates.
In other words, these powers are used to:
- strengthen our agricultural economy
- boost and energize rural communities
- protect and conserve America's natural resources
- ensure a safe and healthy food supply for all Americans.
"I am heartened that net farm income is projected to increase about 20 percent, or almost $16 billion, from the previous forecast. That's the second highest figure since the mid-1970's. OR as we stated in the briefing room the second highest inflation-adjusted value for net farm income recorded in the past 35 years. "
- Significance: This quote shows the secretary's concern and interest in the economy of the agricultural industry and his trying to get the lowest prices possible for farmers and agricultural workers.
http://www.youtube.com/watch?v=jzPyBtVY1d4&feature=fvsr
After a survey showed 15% or more Americans experienced "food insecurity" within the past year, Vilsack explains the causes of this problem, primarily the recession, and what the USDA is doing to help, such as working to provide food stamps to those who qualify.
Official Title: Secretary of Transportation
Official Department: Department of Transportation
Provide safety across all modes:
This allows me to ensure that every mode of transportation is safe, whether it's airplanes, car, trains, etc.
Shape the future economy:
I can help shape the future economy by creating new jobs and building new transportation infrastructure.
Oversee air, maritime and surface transportation missions.
I am in charge of leading an agency that oversees all types of transportation missions
Quote:
“We're going to have to put a real sharp pencil to the budget, sharper than we have ever had to do before”
Significance:
This quote helps to demonstrate the tight budget that our government is running on. The Department of Transportation is on a very sharp budget and must be able to use the small budget to preform all of their designated tasks.
Video:
http://www.dot.gov/videos/index.html
Summary:
This video talks about the issues of distracted driving and how I am planning on solving them. Many preventable causalities are due to distracted driving, and I am working hard to solve this issue through legislation.
Robert Gates
Secretary of Labor
Name: Hilda L. Solis
george
Deparment of Homeland Security- Secretary Janet Napolitano

http://www.cbsnews.com/video/watch/?id=4949458n