Essay Title: 

Business law 266

March 24, 2016 | Author: | Posted in business, mathematics and economics

Terrorist Surveillance Program

In 2002 US President George Bush secretly signed an executive authorizing the National Security Agency to wiretap without a court or warrants all communications coming in and out of the country by suspected terrorists . Known as the Terrorist Surveillance Program , it aims to detect and prevent future attacks on American soil . According to the White House the move is a necessary tool in the war against terrorism

However , these eavesdropping activities came under fire from many sectors questioning its legality and constitutionality that infringe individual and civil [banner_entry_middle]

rights . It is unconstitutional and illegal because it simply violates the free speech of the First Amendment and the right to unreasonable searches and seizures of the Fourth Amendment of the constitution . In addition , such actions also go against the 1978 Foreign Intelligence Surveillance Act (FISA ) enacted by congress . This act only allows electronic surveillance to foreign countries and not domestically . The program has breached the separation of powers doctrine by mandating such measures that violate an act of congress by assuming legislative authority

On the other hand , in defense of national security in protecting America and its citizens from terrorism , the president has the legal basis under Article II , Section Two of the constitution that defines his inherent powers as the commander-in-chief of the army and navy , and of all the militia of several states . The president is also supported by a joint resolution by congress passed September 18 , 2001 on the Authorization for Use of Military Force granting him authority to use all necessary and appropriate force against those who perpetuated the September 11 2001 attacks . Finally , the president is also backed by the USA Patriot Act under Title II : Enhanced Surveillance Procedures that expands the powers of federal agencies in intercepting all forms of communications to determine suspicious activities that may result to full-scale terror attacks

Reference

American Civil Liberties Union v . National Security Agency (2006 United States District Court Court . Eastern District of Michigan Southern Division . Case No . 06-CV-10204 . Retrieved October 8 , 2006 , from HYPERLINK “http /fl1 .findlaw .com /news .findlaw .com /nytimes /docs /nsa /aclunsa81706op n .pdf http /fl1 .findlaw .com /news .findlaw .com /nytimes /docs /nsa /aclunsa81706opn .pdf

US Department of Justice (2006 . Prepared Statement of Hon . Alberto R Gonzales , Attorney General of the United States . Press Release Retrieved October 8 , 2006 , from HYPERLINK “http /www .justice .gov /ag /speeches /2006 /ag_speech_060206 .html http /www .justice .gov /ag /speeches /2006 /ag_speech_060206 .html

Bazan , E . B Elsea , J . K (2006 . Presidential Authority to Conduct Warrantless Electronic

Surveillance to Gather Foreign Intelligence Information . Congressional Research Service . Retrieve October 8 , 2006 , from http /www .fas .org /sgp /crs /intel /m010506 .pdf… [banner_entry_footer]

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