The Effect of Terrorism On Our Civil Liberties Post 9-11

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Abstract

After the events of September 11, 001 the United States Government past several counters terrorism laws. The wording in the laws however is vague and unclear leaving lots of room for interpretation. In an attempt to stop domestic terrorism the government has taken our civil liberties from us as they see fit.

Introduction

The United States of America was founded on the belief that people have cretin God given rights that can not be taken away by anyone. In founding this Country our fore fathers took it a step further and gave the people of this Country rights on top of that (Bill of Rights). The Fourth Amendment to the Constitution states,

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" The right of the people to be secure in their persons, houses, 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 person or things to be seized"(United States Constitution).

This means that the Government can not pass a law that takes any of these things away from us but this has not been the case. Both the Homeland Security Act and the Patriot Act cross the line and take away rights given to the American people in the Constitution.

Statement of the Problem

There is a fear among the American people that counter terrorism acts approved by the Government post September 11, 0001, have infringed upon our civil liberties. The Government in haste to protect our Country from terrorism has forgotten what makes the

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Country worth protecting in the first place. Rushing bill into laws to make it look like they are trying to solve the problem of terrorism. They should be taking their time and making good law that will actually salve the problem. It has been said time and time again after September 11, that the Government had the information it just was not given to the right people. So making laws that give the Government more power to intrude into peoples private affairs is not going to help prevent terrorist attacks.

Purpose of the Study

The purpose of the study is to see how our civil liberties have been affected by the passing of counter terrorism laws after September 11, 001. Also to see what could be done to salve the problem of terrorism without sacrificing or freedoms.

Importance of study

This study will show what rights have been taken from us and for what purpose. It will also show what

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could be done to prevent terrorism that is not being done.

Review of Literature

On Jun 6, 00 President Bush proposed to congress to create a new department of the government. Creating the Department of Homeland Security was the biggest reorganization of the government in Fifty years. The Department of Homeland Security has five main functions.

1. Information analysis and infrastructure protection.

. Chemical, biological, radiological, nuclear, and related countermeasures.

. Border and transportation inspection and security.

4. Emergency preparedness and response

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5. Coordination with other parts of the Federal Government with state and local government and the private sector.

(Analysis for the Homeland Security Act of 00)

The secretary of Homeland Security is appointed by the president and then approved by the Senate. The secretary has full governmental power and authority to do what it takes to take care of business (Analysis for the Homeland Security Act). Senator Carl Levin had this to say about the new department,

"I am a strong supporter of creating a new department for homeland security, and was glad to be able to cosponsor the bipartisan legislation that passed out the Government Affairs Committee in July of this year. But this legislation, now, falls so short of the promise of that committee-passed bill, that I am compelled to vote no. The legislation the Senate will pass tonight has numerous unrelated and inappropriate special

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interest provisions, omits numerous related and appropriate homeland security provisions, and fails to address probably the most central question to our security- the coordination and sharing of information between the CIA and the FBI"(Levin).

This coming from a strong supporter of the idea of having a department of homeland security. Levin goes on to say, "too many of the provisions have less to do with homeland security and more to do with access of special interests". Between 18 and 00 $11 million in donations was given federal candidates from private business (Ecologist). Section 41 of the homeland security act gives the department $50 million a year for 00-005. Hear are the other reports of spending on counter terrorism in other sectors.

TABLE .CBO ESTIMATES OF 00 ENACTED SPENDING AND THE PRESIDENTS 00 REQUEST FOR AGENCIES AFFECTED BY THE PROPOSED CREATION OF THE DEPARTMENT OF HOMELAND SECURITY (In billions of dollars)

DiscretionaryBudget Authoritya Estimated MandatoryBudget Authority Estimated Feesand Receiptsb

Enacted for 00

Federal Emergency Management Agency 7.7 0.0 -0.1

Coast Guard (DOT) 4.4 1.0 0.0

Immigration and Naturalization Service (DOJ) 4.0 1.8 -.

HHS Chemical and Biological Research and Response .7 0.0 0.0

Customs Service (Treasury) .1 0.6 -1.

Secret Service (Treasury) 1.0 0. 0.0

Animal and Plant Health Inspection Service (USDA) 0.7 0. 0.0

Federal Protective Services (GSA) 0.4 0.0 0.0

Transportation Security Agency (DOT) 1. 0.0 -1.

Other Affected Agencies 1.1 0.0 0.0

Total 6.6 4.0 -4.8

Proposed for 00

Federal Emergency Management Agency 6.6 0.0 -0.1

Coast Guard (DOT) 5.0 1.0 0.0

Immigration and Naturalization Service (DOJ) 4.0 1.8 -.1

HHS Chemical and Biological Research and Response 4.1 0.0 0.0

Customs Service (Treasury) .0 0.6 -1.5

Secret Service (Treasury) 1.0 0. 0.0

Animal and Plant Health Inspection Service (USDA) 0.8 0.5 0.0

Federal Protective Services (GSA) 0.4 0.0 0.0

Transportation Security Agency (DOT) 4.8 0.0 -.7

Other Affected Agencies 1.1 0.0 0.0

Total 0.8 4.0 -6.

The Homeland Security Act of 00 establishes the Department of Home land security. Their main mission being the prevention of terrorist attacks in the United States.

The Patriot Act passed two weeks after September 11 and was 48 pages long (Dohrn 10). Their for it is hard to believe that any one person new all of what was contained in the Act. The Patriot Act made it easer for the government to look into our private lives with surveillance and wire tapping. The Patriot Act use

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terms like, "streamline surveillance and sneak and peak" and leaves much up to interpretation. The fallowing clip was taken directly from the Homeland Security Act.

(15) The term 'terrorism means any activity that--

(A) involves an act that--

(i) is dangerous to human life or potentially

destructive of critical infrastructure or key

resources; and

(ii) is a violation of the criminal laws of the United

States or of any State or other subdivision of the

United States; and

(B) appears to be intended--

(i) to intimidate or coerce a civilian population;

(ii) to influence the policy of a government by

intimidation or coercion; or

(iii) to affect the conduct of a government by mass

destruction, assassination, or kidnapping.

As you can see the language used in the Act is unclear and leaves to much room for interpretation. These are just two definitions the entire Act is field with them.

Methodology

-The research hypothesis

Laws that have been approved by the government after the September 11 attacks have been done so in haste and without careful consideration.

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Counter terrorism law take away constitutionally protected rights for the sake of "security".

Results/Conclusions

The Homeland Security Act Keeps the public from finding out about health, safety, and environmental problems involving nuclear power plants (Ecologist). Publishers Weekly said, "Technology has increased the Governments ability to spy on its citizens" (68).

Both the Homeland Security act and the Patriot Act use vague terms and include unrelated topics. They are both good steps in the right directions, but need to be replaced with laws more fitting to the actual problem. The laws need to be more focused on sharing information between government agencies. Instead of focusing on more ways to get around the Constitution to gather information on "suspected terrorist".

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