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Austin Little
Mr. Taylor
English

Should Personal Freedoms be Sacrificed for National Security?


People have sacrificed personal freedoms for independence and national security since
our establishment. In the beginning, the ultimate sacrifice was human lives when many died to
form our nation, independence from England. Two hundred and thirty seven years later citizens
of the United States continue to have their liberties threatened by terrorists who do not believe
we are entitled to live in a democratic society. The worst attack on US soil occurred on
September 11, 2001, a day we will never forget. President Bush responded to the violence in his
9/11 address to the nation, stating Terrorist attacks can shake the foundations of our biggest
buildings, but they cannot touch the foundation of America. These acts shatter steel, but they
cannot dent the steel of American resolve. America was targeted for attack because we're the
brightest beacon for freedom and opportunity in the world. And no one will keep that light from
shining. Freedom will always have a price for those who live in this free society and those who
wish to eradicate it. Our personal freedoms may need to be altered when responding to acts of
violence which we saw on 9/11 to protect the integrity of our nation.
After 9/11, several new laws and government divisions were formed to protect our
national security. The department of Homeland Security was created along with the
Transportation Security Agency which completely overhauled airport travel. The mission of
TSA is published on their website which reads; following September 11, 2001, the
Transportation Security Administration (TSA) was created to strengthen the security of the

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nations transportation systems and ensure the freedom of movement for people and commerce.
Today, TSA secures the nations airports and screens all commercial airline passengers and
baggage. TSA uses a risk-based strategy and works closely with transportation, law enforcement
and intelligence communities to set the standard for excellence in transportation security.
TSA was one of the first steps taken by the government after 9/11 that had a significant
impact on a majority of citizens. The TSA forbid specific items to be boarded or carried in
luggage; such as razors, box knives, scissors, aerosols or other flammable liquids. Some people
felt these new airline travel requirements were too restrictive and an infringement on their
personal freedoms. On the opposite side, many citizens embraced the changes so American
would never face another 9/11 event.
The establishment of TSA was an improvement, because prior to 9/11 we were not
prepared for such an event in America. This was published in the 9/11 Commission report,
which states On 9/11, the defense of U.S. air space depended on close interaction between two
federal agencies: the Federal Aviation Administration (FAA) and North American Aerospace
Defense Command (NORAD). Existing protocols on 9/11 were unsuited in every respect for an
attack in which hijacked planes were used as weapons. What ensued was a hurried attempt to
improvise a defense by civilians who had never handled a hijacked aircraft that attempted to
disappear, and by a military unprepared for the transformation of commercial aircraft into
weapons of mass destruction. A shoot down authorization was not communicated to the NORAD
air defense sector until 28 minutes after United 93 had crashed in Pennsylvania. Planes were
scrambled, but ineffectively, as they did not know where to go or what targets they were to
intercept. And once the shoot down order was given, it was not communicated to the pilots. In
short, while leaders in Washington believed that the fighters circling above them had been

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instructed to take out' hostile aircraft, the only orders actually conveyed to the pilots were to
ID type and tail.''
According to an article by Milbank with the Washington Post the directives of the
President were not followed correctly on 9/11, jeopardizing our national security. Milbanks
article states "Both the mission commander and the weapons director indicated they did not pass
the order to fighters circling Washington and New York City because they were unsure how the
pilots would, or should, proceed with this guidance." It is unthinkable to believe that the
Presidents orders could have been dismissed during this critical time, but this incident
illustrated we had a weakness in our defense strategy, a weakness to communicate between
agencies. In response, President Bush formed the Department of Homeland Security shortly
after 9/11.
On the DHS website, the history states: Eleven days after the September 11, 2001,
terrorist attacks, Pennsylvania Governor Tom Ridge was appointed as the first Director of the
Office of Homeland Security in the White House. The office oversaw and coordinated a
comprehensive national strategy to safeguard the country against terrorism and respond to any
future attacks. With the passage of the Homeland Security Act by Congress in November 2002,
the Department of Homeland Security formally came into being as a stand-alone, Cabinet-level
department to further coordinate and unifies national homeland security efforts, opening its
doors on March 1, 2003. The Department of Homeland Security combined 22 government
agencies to improve processes and communication. The department was created by the
Homeland Security Act of 2002, which was cosponsored by 118 lawmakers and signed into law
by President Bush in November 2002. Harper (2003) wrote the creation of the DHS became the
largest government re-structuring process within the past 50 years. Harpers PBS article

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addressed the new department divisions, stating The new department will consist of four subagencies: border and transportation security, emergency preparedness, technology and
intelligence. The department also effectively consolidates the Transportation Security
Administration, formerly part of the Transportation Department; parts of the Customs Service,
formerly of the Treasury Department; the Immigration and Naturalization Service and parts of
the FBI, formerly of the Justice Department; and the Federal Emergency Management Agency,
among others. The department will not include the FBI or the CIA -- two intelligence agencies
that drew harsh criticism from Congress and others in the wake of the Sept. 11 attacks.
However, it will collect and analyze information gathered by the FBI, CIA, and other U.S.
intelligence agencies related to domestic security.
The most controversial topic after 9/11 was not the agencies mentioned above, it was the
creation of the Patriot Act. Within this document are the questions regarding how far has the
government gone to maintain national security? Is it okay to wiretap phone calls and track
internet usage? Is it okay to search a persons home without notice?
The American Civil Liberties Union (ACLU) 2010 articles addressed four areas that
increased the governments surveillance powers:
1.

Records searches. It expands the government's ability to look at records on an individual's


activity being held by third parties. (Section 215)

2.

Secret searches. It expands the government's ability to search private property without
notice to the owner. (Section 213)

3.

Intelligence searches. It expands a narrow exception to the Fourth Amendment that had
been created for the collection of foreign intelligence information (Section 218).

4.

"Trap and trace" searches. It expands another Fourth Amendment exception for spying
that collects "addressing" information about the origin and destination of communications,
as opposed to the content (Section 214).

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The ACLU 2010 article explained how Section 215 of the Patriot Act violates the
Constitution in several ways. It:

Violates the Fourth Amendment, which says the government cannot conduct a search
without obtaining a warrant and showing probable cause to believe that the person has
committed or will commit a crime.

Violates the First Amendment's guarantee of free speech by prohibiting the recipients
of search orders from telling others about those orders, even where there is no real
need for secrecy.

Violates the First Amendment by effectively authorizing the FBI to launch


investigations of American citizens in part for exercising their freedom of speech.

Violates the Fourth Amendment by failing to provide notice - even after the fact - to
persons whose privacy has been compromised. Notice is also a key element of due
process, which is guaranteed by the Fifth Amendment.

The changes in these laws have been suggested by law enforcement officials for several
years prior to 9/11. Unfortunately, sometimes it takes a devastating event to make ourselves reevaluate our current practices and listen to the suggestions being recommended by those serving
on the front lines. President Bush made a promise to Americans that he would do everything in
his power to protect the United States from any future acts of violence after 9/11. The
government re-organization and new laws such as those in the Patriot Act was his response to
this promise.
Every American President past and future has the immense responsibility as serving as
Commander-in Chief of our Armed Forces. This responsibility is established according to Article
II, Section 2, Clause I of the Constitution. US Presidents are faced with confidential information
and having to make decisions based upon facts provided to them. Unger (2012) wrote about a

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quote spoken by our sixth President, John Quincy Adams, which reads My cause is the cause of
my country and of human liberty. The fulfillment of prophesies that the day shall come when
slavery and war shall be banished from the face of the earth. Presidents Lincoln up to Kennedy
continued the leadership of our founding fathers where all people are created equal. Whether it
is abolishing slavery or fighting terrorism, there will always be issues facing the American
President. Leaders have to change with the issues they are confronted with and try to be proactive vs. being reactive in the 9/11 events. The intent of their decisions will be in the best
interests of all citizens. However, any decision or change will always be debated and scrutinized.
Citizens of the United States must trust our elected officials to act on our behlflf to
maintain our freedoms and liberties. Citizens will not always be privy to the details they are
making these decisions upon, so we have to trust they are acting in good faith. We have checks
and balances in place to make sure our personal freedoms are protected and laws such as the
Patriot Act can investigate people who may pose a threat to our nation. If we dont have
proactive measures in place, we could be at risk of losing it all. I would hope most people would
agree to give a little of their personal freedoms in return for peace, unless you have something to
hide?

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Works Cited
American Civil Liberties Union. Surveillance Under the USA PATRIOT Act 10 Dec. 2010
<https://www.aclu.org/national-security/surveillance-under-usa-patriot-act>.
Bush, George W. "Text of Bush's Address." CNN. Cable News Network, 11 Sept. 2001. Web. 27
Nov. 2013.
Harper, Liz. "The Homeland Security Act." PBS. PBS, 15 May 2003. Web. 29 Nov. 2013.
"Homeland Security." Creation of the Department of. N.p., n.d. Web. 28 Nov. 2013.
Milbanks, D. N.p.. Web. 1 Dec 2013. <http://www.washingtonpost.com/wpdyn/articles/A50745-2004Jun17.html>.
The Associated, Press. 2004. "Excerpts From 9/11 Commission Report." AP OnlineNewspaper
Source Plus, EBSCOhost (accessed November 29, 2013).
"Transcript of the Constitution of the United States - Official Text." Transcript of the
Constitution of the United States - Official Text. N.p., n.d. Web. 30 Nov. 2013.
"Transportation Security Administration." Transportation Security Administration. N.p., n.d.
Web. 27 Nov. 2013.
Unger, Harlow G. John Quincy Adams. Boston: Da Capo, 2012. Print.

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