Sunday, March 20, 2011

ACLU v. NSA

1. I believe that the Executive Branch should not have the power to spy on Americans without a court warrant because it is in violation to the Constitution and the Bill of Rights. It is a violation of the 4th amendment to the Constitution and also a violation to the separation of powers.
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.

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