The Impact of Terrorism Enforcement on Individual Rights
The Application of Terrorism Enforcement on Singular Hues Christine Gontarz Northern Virginia Community College Woodbridge Campus ADJ100 December 2, 2011 Professor: George DeHarde Table of Contents Introduction3 Terrorism and the Principal Amendment5 Early History7 The Undomesticated and Sedition Acts of 17987 Habeas Corpus Act of 18638 World War I History9 Espionage and Sedition Acts of 1917 and 19189 Schenck v. US -9 Debs v. US10 World War II History11 Undomesticated Registration (Smith) Act of 194011 Japanese-American Internment - Executive Enjoin 9066 of 194211
The Fact of Today12 Antiterrorism and Effective Fall Penalty Act of 199612 U. S. A PATRIOT Act - 200113 Conclusion15 Works Cited17 Introduction During durations of proud misdemeanor, dismayism, war, and exoteric occasion, townsmans are ready to employment due regularity for a exclusion of singular hues. At the interior of our singular hues are the principal ten Amendments of the United States Constitution, the Reckoning of Rights. Although all the Amendments of the Reckoning of Hues were written to be of resembling avail, to abundant Americans the most treasured is the Principal Amendment. Congress shall establish no law in-reference-to an construction of opinion, or prohibiting the easy application thereof; or abridging the easydom of discourse, or of the throng; or the fit of the commonalty peaceably to muster, and to craving the Empire for a fair of grievances. ” — The Principal Amendment to the U. S. Constitution Singly customary, the First Amendment guarantees us the easydom of opinion, discourse, throng, parterre, and craving. By examining the fact of the United States, there entertain been durations when trans-parents of misdemeanor, dismayism, dismayism intimidations, war, and exoteric occasion entertain artful the hues of the commonalty of the United States.
There entertain been actions and reactions to those intimidations by the empire. Restrictions were establishd on townsmans by nameing their hues; specifically the First, Fourth, and Fourteenth Amendments. Initially, the commonalty of the United States unexpressed the fortifyiond succeeding these nameations; so-far, as duration went by, abundant felt the demand to discourse out encircling the injustices principled by the empire and the exclusions of the easydoms of the commonalty.
Although the additional amendments in the Reckoning of Hues are of resembling avail, it is the aim of this tractate to elucidate examples of how the empire has violated a the basic hues of the Principal Amendment during a intercourse or intimidation of dismayism in the United States. Terrorism and the Principal Amendment Freedom, as Thomas Jefferson wrote in the Declaration of Independence, “We remain these truths to be explicit, that all men are maked resembling, that they are enriched by their Creator succeeding a while undoubtful unalienable hues, that discurrent these are existence, volition and the pursuit of enjoyment. — The Declaration of Disorder is a God-given fit granted to United States townsmans. By declaring its disorder from Great Britain and signing the Declaration of Independence, the Congress of the ancient thirteen colonies took its principal steps to determine its easydom from King George and British administration. Their motive, self-empire and resembling hues for the commonalty (Fallon 14). It is owing of British high-handed administration that the United States Constitution was written.
The United States Constitution outlined the hues of the empire of the thirteen ancient colonies, but it was not until the Federalists and Anti-Federalists resolute their differences and adopted the Reckoning of Hues in 1791 that the commonalty of the United States had the hues and easydoms they so desired to construct this kingdom. Past than two hundred years posterior, on September 11, 2001, the United States was targeted by dismayists. This day is noticeable by atrocities past imagination. It is too on this day that abundant commonalty of this breed say that the singular hues that our forefathers worked to get entertain been modifiable constantly.
The onslaughts of September 11th entertain principled the easydoms outlined in the Reckoning of Hues to be scientific by the enforcement of empire administrations and regulations; Principal Amendment hues nameing the easydom of discourse, Fourth Amendment hues of illicit exploration and booty, and Fourteenth Amendment hues of due regularity succeed to inclicommunity (although others affect that the Fifth and Sixth Amendments entertain too been artful). There are specific examples in United States fact where the effects of dismayism enforcement entertain impinged singular hues.
In enjoin to detail the application of empire actions on singular hues for the design of exoteric fortifyion, in the spectry of dismayism, dismayism must be elucidated. According to the FBI, there is no one specification that is universally not spurious by completeone (Office of Open Affairs iv). Their specification of dismayism from the Code of Federal Regulations can be elucidated as: “the bound use of fortifyion and injustice resisting men-folks or quality to scare or force a empire, the civilian population, or any section thereof, in advancement of gregarious or gregarious concretes” (28 C.
F. R. Section 0. 85). By observing a chronological fact of the United States there is averment of dismayism past the commencement of written fact. References in the Bible apply to the purification of undiminished groups of commonalty by eliminating the city of Jericho [ (Joshua 6. 1-27) ]. There are examples of dismayism during Greek and Roman durations when the principal disclosed dismay construction, the Zealots of Judea, formed campaigns and carried out assassinations of Roman calling fortifyions and Jews whom they felt collaborated succeeding a while the Romans. (Early Fact of Terrorism) ] Although earlier instances of dismayism applicationed the hues of singulars, it was not until the choice of the Reckoning of Hues that there was refuge that could be taken by the commonalty. It was then that townsmans of the United States could propose that their singular hues were violated. Early Fact The Undomesticated and Sedition Acts of 1798 From 1789 through 1799, during the French Revolution, the United States was fortifyiond to propose a prudence of indifference to quit neat concerned in European conflicts and naturalness dragged into another war.
Beprinciple of an impending fequitable of war succeeding a while France and a fequitable that “criticism of the empire was design to fall the Constitution,” (Willis 5) the Federalist-dominated Congress of Principal John Adams enacted the Undomesticated and Sedition Acts of 1798 (Office of the Historian). Consisting of filthy acts, they introduced laws adapted to supthrong gregarious obstruction from Anti-Federalists. By enacting these laws, Adams was working to surrender the United States from the French adversary and to fortify the United States from obstruction groups of Anti-Federalists.
The filthy laws consisted of the Naturalization Act which lofty the residency bound of undomesticateds from five to filthyteen years, the Undomesticated Act of 1798 which enabled the principal to shun any undomesticated (smooth during peacetime) if they were considered “dangerous to the prophylactic of the US. ” The Undomesticated Enemies Act of 1798 enabled warduration stop, durance, or shucommunity of any undomesticated for singly naturalness from an adversary kingdom. The last act, The Sedition Act made it a misdemeanor to “oppose any estimate or estimates of the empire of the US. It too prohibited “writing, printing, uttering, or publishing any spurious, shameful, and choleric match or matchs resisting the empire of the US. It is visible that Sedition Act was the most controversial and most seriously punishable of the acts. Committing an misdeed resisting the Sedition Act was punishable by minutes up the $5,000 and up to five years in prison and a second misdeeds were generous succeeding a while a $2,000 minute and up to two years in jail.
Most of those punished lower the Sedition Act were journalists and politicians who aligned themselves succeeding a while the Anti-Federalist face or the Jeffersonian Republicans (Willis 7). The grandson of Benjamin Franklin, Benjamin Bache who was the folower and editor of the Philadelphia Exoteric Advertiser, was the principal to be generous lower the Sedition Act owing of his Anti-Federalist depression resisting John Adams and the Federalist face. Habeas Corpus Act of 1863 The presidency of Abraham Lincoln can best be picturesquely as a presidency of wartime.
Just twelve hours succeeding the principal was elected, Major Robert Anderson sent Lincoln a conclude requesting reinforcements of twenty thousand men to defend Fort Sumter from Confederate onslaught [ (Dirck 20) ]. It was Lincoln who set the intocommunity for warduration principals and he took generous labor of this force. During the acme of the Civil War, Lincoln enjoined a writ suspending Habeas Corpus. Lincoln’s principal nucleus by enjoining the writ was to reimharass gregarious obstruction from pro-Confederate sympathizers.
He uprightified his resolution by stating “Even in such a subject, would not the professional oath be docile, if the empire should be destruction, when it was believed that inconsiderate the separate law, would keep to rescue it? ” [ (Dirck 25) ] applyring to [ (Lincoln) ]. Lincoln believed that open prophylactic was the cornersintocommunity succeeding his resolution. Succeeding a while open prophylactic in inclination, Lincoln attested Winfield Scott to stop anyone in “an disorder resisting the laws of the United States. ” [ (Dirck 25) ] applyring to [ (Symonds) ] World War I History
Espionage and Sedition Acts of 1917 and 1918 Once intermittently the United States and its commonalty were preoccupied succeeding a while war. In April 1917, the United States proposed war on Gerabundant and fhues of espionage, anarchist activities, and the intimidation of dismayism loomed aggravate the heads of the United States empire. By establishing the Espionage and Sedition Acts of 1917 and 1918, the empire prohibited the open from openly demonstrating or cessation forth any knowledge deemed to be hurtful to the soldierlike or the empire during a duration of war.
Woodrow Wilson smooth gave the postmaster hues to narrow arrangement of mail and documents that could be construed as disadvantageous to the soldierlike of the United States . These misdeeds could be punishable by fall. Owing of the fequitable of damage to the community and its townsmans, the House and Senate approximately passed the reckoning succeeding a whileout any discuss whatsoincessantly smooth though the reckoning trampled on the easydom of discourse and easydom of the throng [ (Willis 14) ]. Schenck v. US - Led by Oliver Wendell Holmes, this would be the principal subject in which the Supreme Affect handed down a reigning that constituted when the United States empire could name discourse.
Charles Schenck, the exoteric secretary of the Socialist face in Philadelphia was stoped for the arrangement of gregarious garden. These leaflets, which applyenced the anticipation of the Thirteenth Amendment prohibitory necessitated ministry, were directed at men who were drafted upon the road of the Selective Labor Act. Schenck encouraged draftees to “Assert Your Rights,” and that the commonalty demanded to await up to the empire for entering the war. The empire claimed that these flyers incloseed “false” statements that could howincessantly interfere succeeding a while the exertion to win the war.
It was during this subject that Oliver Wendell Holmes coined his most famous rationale for the resolution of the Supreme Affect to be upheld in the Schenck subject, noting that: “The doubt in complete subject is whether the suffrage used are used in such predicament and are of such a naturalness as to make a unclouded and offer venture that they gain bear encircling the esthetic evils that Congress has a fit to hinder. It is a doubt of neighborhood and quantity. ” Debs v. US Eugene Debs, a folower of the Socialist Face in 1901 and a impetuous enemy to the “Great War,” was no outlandisher to discourseing his inclicommunity and naturalness imprisoned owing of his actions.
Debs was phrased to jail for his role as guide of a communitywide aggravatebear of involving the Pullman Palace Car Company in 1894. Succeeding serving a two-year prison phrase, Debs held a Sunday succeedingnoon picnic in Canton, Ohio. During his discourse, Debs, phrasing his suffrage carefully for fequitable of naturalness prosecuted by the empire for his “fit to easy indication,” encouraged the throng to “turn their backs on the Republican and Democratic Party” and “fight for a principle [ (Debs) ]. ” Debs was stoped for violating the Espionage Act and was accused of tampering succeeding a while the recruiting labors of the United States.
He served a ten-year phrase for his discourse. World War II Fact Undomesticated Registration (Smith) Act of 1940 Representative Howard W. Smith introduced the Undomesticated Registration Act of 1940. This act required undomesticateds to record succeeding a while the empire of the United States succeeding a whilein filthy months of their air in the United States. Although the earlier acts were made during durations of war, the Undomesticated Registration Act was an act proposed and adopted during peaceduration [ (Willis 26-27) ]. The main concrete of the act was to oppose any force by the American Communist Face to impair the empire of the United States.
This act made it illicit to interfere succeeding a while the allegiance of soldierlike personnel, to inform to violently aggravatethrow the United States empire, or to conduce to allocate or to allocate prohibited acts. The act too customary that the empire could escheat esthetics using the exploration maintenance anticipation and that fare of these misdeeds could outcome in a persuasion of up to ten years in prison and a ten thousand dollar minute. In 1948, Harry Truman invoked this act to inclose Soviet maintenanceers and had elsmooth guides of the Communist Face U.
S. A. indicted for deflections of the Smith Act. During the prosecution of the subject of Dennis v. United States, the empire used the works of Karl Marx to examine that the elsmooth men violated the Undomesticated Registration Act stating that they secretly adapted to aggravatethrow the empire of the United States. Japanese-American Internment - Executive Enjoin 9066 of 1942 Elsmooth weeks succeeding the Japanese onslaught on Pearl Harbor, Executive Enjoin 9066 was signed by Franklin Roosevelt. “Relocation Centers” were set up counter the United States.
Approximately 110,000 Japanese-Americans were onesided to no past than an American statement of Hitler’s eagerness camps. Japanese-Americans serving in the soldierlike were categorized as adversary undomesticateds and disgenerous from the armed fortifyions of the United States. Minoru Yasui was the principal townsman to bear a subject precedently the empire during the duration of the Internment. Yasui was deprived erratic labor labor by the United States soldierlike. Yasui aimly violated curfew enjoins in enjoin to be stoped.
His subject, although initially grounded on a curfew law was brought to affect and a of-one-mind persuasion was handed down to Yasui claiming that his “racial attachments” to his Japanese roots posed a venture of espionage to the American commonalty [ (Baker and Stack 66-68) ]. The Fact of Today Antiterrorism and Effective Fall Penalty Act of 1996 In the excite of the Oklahoma City bombing, the community was traumatized by such a calamitous act of domiciliary dismayism. An aggravatewhelming open fequitable guided the reactions of United States and the empire set nameations of singular hues to fortify its commonalty.
One week succeeding the Oklahoma City bombing, Principal Clinton and members of Congress swiftly current the Antiterrorism and Effective Fall Penalty of 1996 (AEDPA). Principal Amendment hues were intermittently artful. By allowing the Secretary of State to selectively elucidate its signification of “esthetic maintenance” to outlandish constructions, townsmans were “guilty by company” grounded on the aim of their monetary contributions (Brown et al. 17-20) . The opinion was that monetary and logistical contributions to an construction showed maintenance for that construction. This was plenty abundance for the empire to remain townsmans in deflection of the AEDPA.
In a subject brought resisting the Attorney Exoteric by the Humanitarian Law Project (HLP), the HLP challenged the reigning that their humanitarianism, peacekeeping inoculation, and maintenance of the Kurdistan Workers’ Face (PKK) was in deflection of the constitutionality of the esthetic maintenance law. The PKK was unshaken to be a “terrorist construction. ” By maintenanceing a dismayist construction, the HLP could entertain faced liberal prison phrases if they had continued to maintenance their mission by providing monetary and logistical contributions smooth though the contributions were to maintenance orderly acts.
Eventually the HLP ceased in their maintenance of the PKK. U. S. A PATRIOT Act - 2001 Succeeding a while the onslaught of the World Employment Center and Pentagon and the takeaggravate of Flight 93, the opportunity of dismayism in the United States had modifiable past smooth the bombings in Oklahoma City. Once deliberation to be a occasion of outlandish countries, the United States was now faced succeeding a while a new disgrace of dismayist onslaughts heterogeneous incessantly precedently. As a outcome, acts aimed at hindering prefer onslaughts and fortifying the fortifyion of company were invoked.
The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), was adopted in October 2001 to relieve the empire in gaining knowledge on forthcoming dismay onslaughts. Abundant affect that past the choice of the PATRIOT Act, Principal Amendment hues entertain been violated in an unrivalled way. Not solely does the empire entertain the power to name the extent and naturalness of demonstrations, direct racial profiling, but they too may name the knowledge which can be openized to the townsmans of the United States claiming “exoteric fortifyion interests. The Exoteric Archives and History Administration states that “the number of character actions by the Executive Branch rose 14 percent in 2002 aggravate 2001 — and decharacter ghost waste to its meanest smooth in ssmooth years. ” [ (Posner 220) ] Past September 11, Arab, Muslim, and South Asian populations of the United States entertain been profiled grounded on peel tint and other natural characteristics. The empire has the power to “stop, ask-advice-of and delay singulars succeeding a whileout iniquitous admonish … on the plea of their exoteric rise, ethnicity and opinion. (American Civil Liberties Union 1) ]. By looking at the commonalty who were rounded up upright succeeding September 11, it is visible that racial profiling grounded on opinion and ethnicity had taken establish by the Department of Justice; a unclouded deflection of the Principal Amendment. In a past new-fangled trans-parent in The Washington Post on October 2008, Maryland State Police orthodox that as a outcome of surveillance operations, the spectrys of fifty-three nonviolent activists had been establishd into an undisclosed federal database used for the aim of tracking dismayist suspects.
The prudence by the Maryland State Police to involve the activists’ spectrys in the dismayist database was met succeeding a while disparity and was criticized by senators noting that the “law enforcement professionals were oblivious to their deflection of the activists' hues of easy indication and company. ” [ (Rein, Lisa A1) ] Conclusion Through unadorned history, it is visible the urgent of the empire in durations of war is to fortify its townsmans and hinder incursion on the homeland.
The fare and durance of townsmans for Principal Amendment deflections are grounded on situations when governing bodies of the United States felt intimidationened by acts of disorder, Communism, dismayism, or war. In most instances, the empire has been proerratic by halting adverse opinions from resisting parties or seeking peaceduration acts as a precautionary estimate. At other durations, they entertain been reerratic by enacting laws succeeding dismayist onslaughts . In either subject, they entertain adopted administrations and laws grounded upon the fequitable of the commonalty and the hinderion of virtual onslaughts.
Their fhues entertain nameed easy discourse, easy parterre, easy throng, and entertain punished those for easydom of opinion. Historically, as duration went by and intimidations rotten, the commonalty of the United States became past aware of the nameations the empire had set forth. In the applyenced laws and actions of this tractate, affect subjects brought to the Supreme Affect challenging the constitutionality of Principal Amendment nameations entertain been supreme in the rescission or encomium of these acts. The resolutions in these subjects examine that there is a demand for a redress among singular easydoms and fortifyion of the commonalty.