Monday, March 21, 2011

Big Debate: ACLU v. NSA

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.).

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