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Thesis: Is National Security to be valued over ones Constitutional Rights? 60% of those interviewed say Constitutional Rights is more important.

Which is to be more highly valued protecting National Security or not violating Constitutional Rights?
2 People 8 people 16 People Constitiutional Rights

National Security

Neither more important than the other

The rights guaranteed to citizens in the Constitution are also known as Constitutional Rights. In order to understand what Constitutional rights are one must first understand what the two words mean. First he word Constitutional means in accordance with constitution. (Encarta

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Dictionary) Next rights means morally justified and correct, or consistent with generally held ideas of morality and proper conduct. Constitutional rights our rights guaranteed by the constitution. Constitutional rights include natural rights. Natural rights are the rights that all citizens of a country possess. Natural rights include the rights of personal life, personal liberty, and private property, and due process. First the rights of personal life are not to be killed, wounded, or abused. Next the rights of personal liberty allow one to: travel freely according to ones own will, to placidly gather, to retain and take up arms if necessary, to assemble a militia, to freely communicate with others, the ability to speak freely, to freely practice ones religion, to be protected against unreasonable search and seizures, and to have privacy. Third, the rights of private property allows citizens to have a private dwelling from which they can exclude people, possess the tools needed for their trade, and the ability to have personal belongings that others can be denied access in using. These rights lead up to due process. According to the Constitution all citizens are guaranteed due process. More specifically, according to the Fifth Amendment No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. (Bill of Rights 5th Amendment) The Fifth Amendment says no one can be deprived life, liberty, or property, without due process of law. Due process of law is a fundamental principle of fairness in all legal matters, both civil and criminal,

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especially in the courts. (law.com) Due process of law is the idea that legal measures and laws must be fair. In the right of due process a fair hearing and decision must be made. A witness testimony is required. Any person must have, Unimpeded access to courts, court filing, and grand juries, subject only to routine scheduling.( ) A coerced plea due to a plea bargain is immoral and unlawful. In a criminal trial, no unwarranted bail can be mandated, when little flight risk posed. No unnecessary or superfluous fines can be imposed on an individual. No cruel and unusual punishments can be levied onto a person. Everyone has a right to a speedy and public trial by a jury of their peers.( ) Even though, all citizens have Constitutional rights that doesnt mean the government through passage of laws hasnt violated a persons Constitutional rights. Throughout the years the government has violated ones Constitutional rights to protect national security through laws and other agencies such as the Patriot Act, the Foreign Intelligence Survey Act of 1978, and Department of Homeland Security. First. the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 also known as the USA Patriot Act was created mainly to deter and castigate terrorist acts in U.S. and throughout the world. ( fincen.gov) The Patriot Act permitted secret wiretaps and searches without probable cause. (Gottfried 24) It allowed for the detainment of immigrants or other non-citizens for up to a week without filing charges. (Gottfried 24) After the charges were filed the attorney general could hold illegal immigrants for indefinite periods of time without giving them a hearing or notifying them of a charge. (Gottfried 24-25) Other purposes for the creation of the Patriot Act include: strengthening U.S. measures to prevent, detect, and prosecute international money laundering and financing of terrorism; subjecting to special scrutiny foreign jurisdictions, foreign financial institutions, and classes of international transactions or types of

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accounts that are susceptible to criminal abuse; requiring all appropriate elements of the financial services industry to report potential money laundering; strengthening measures to prevent use of the U.S. financial system for personal gain by corrupt foreign officials and facilitate repatriation of stolen assets to the citizens of countries to whom such assets belong. (Fincen.gov) Next, the Foreign Intelligence Survey Act of 1978 (FISA) was created to Enable federal agents to accumulate data about alleged species or international terrorists without revealing their sources or jeopardizing classified info. (Gottfried 22) The (FISA) made the creation of secret panels of judges to listen to cases requesting wiretaps or involving classified information. (Gottfried 22) It sanctioned the government to operate wiretap surveillance in foreign intelligence investigations, without having to display probable cause to obtain a warrant. (us legal) This violates right to privacy. The (FISA) made it easier for authorities to acquire authorization for pen register and trap and trace wiretap devices. (us legal) It legalized seizure of voice mail messages with a search warrant. Previously, authorities required a wiretap order. This violates right to privacy The Foreign Intelligence Survey Act also permitted authorities to force Internet service providers to divulge information about a users e-mail activity, and to compel businesses to turn over personal information related to a criminal investigation. Finally, the Department of Homeland Security, (DHS), was created after the September 11, 2001 terrorist attacks. Protecting the American people from terrorist threats is the reason the Department of Homeland Security (DHS) was created, and remains our highest priority. (DHS.gov) The vision of homeland security is to ensure a homeland that is safe, secure, and resilient against terrorism and other hazards. The Department of Homeland Security has five core missions. One, prevent terrorism and enhance security by focusing on three goals. First, prevent terrorist attacks. Second, prevent the unauthorized acquisition, importation, movement, or use of

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chemical, biological, radiological, and nuclear materials and capabilities within the United States. Third, reduce the vulnerability of critical infrastructure and key resources, essential leadership, and major events to terrorist attacks and other hazards. Two, secure and manage our borders. The Department of Homeland Security secures the nation's air, land, and sea borders to prevent illegal activity while facilitating lawful travel and trade. The Department's border security and management efforts focus on three interrelated goals. First, effectively secure U.S. air, land, and sea points of entry. Second, safeguard and streamline lawful trade and travel. Third, Disrupt and dismantle transnational criminal and terrorist organizations. Three, enforce and administer our immigration laws.The Department is focused on smart and effective enforcement of U.S. immigration laws while streamlining and facilitating the legal immigration process. The Department has fundamentally reformed immigration enforcement, prioritizing the identification and removal of criminal aliens who pose a threat to public safety and targeting employers who knowingly and repeatedly break the law. Four, safeguard and secure cyberspace by analyzing and reducing cyber threats and vulnerabilities; distributing threat warnings; and coordinating the response to cyber incidents to ensure that our computers, networks, and cyber systems remain safe. Five, ensure resilience to disasters. The Department builds a ready and resilient nation through efforts to: bolster information sharing and collaboration; provide grants, plans and training to our homeland security and law enforcement partners; and facilitate rebuilding and recovery along the Gulf Coast (DHS.gov) Some of the duties of the Office of Homeland Security were: developing, coordinating, and implementing a nationwide strategy to detect, prepare for, prevent, and respond to terrorist attacks within the United States; strengthening airport security, monitoring procedures, visa data, and cargo imports; tightening the security of U.S. borders, preventing entry into the United States, and taking steps to deport

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potential terrorists already here. Others include protecting essential parts of U.S. infrastructure such as communication systems, transportation networks, and reservoirs against terrorist attacks; coordinating security for special events such as the Super Bowl, the World Trade Council convention, and the Olympic Games; and ensuring that info relating to HS shared among concerned government departments, and police agencies at a federal, state, and local level. (Gottfried 17-18) The Department of Homeland Securitys main goal is to protect the nation against terrorism, so when the situation occurs about protecting national security or not violating our Constitutional rights, (DHS) will pick protecting national security.