Business Law 266

Terrorist Surveillance ProgramIn 2002 US President George Bush secretly gestural 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 Ho map the touch is a necessary tool in the war against terrorismHowever , these eavesdropping roleplayivities came down the stairs fire from many sectors questioning its legality and constitutionality that infringe respective(prenominal) and civil rights . It is unconstitutional and illegal because it simply violates the free public lecture 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 international countersign Surveillance Act (FISA ) enacted by congress . This act exactly allows electronic surveillance to foreign countries and not domestically . The plan has breached the separation of powers doctrine by mandating such measures that violate an act of congress by assuming legislative authorityOn the other handwriting , in defense of national security in protect America and its citizens from terrorism , the president has the legal basis downstairs Article II , Section Two of the constitution that defines his constitutional powers as the commander-in-chief of the army and navy , and of all the militia of several(prenominal) states . The president is also supported by a enunciate 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 regular army Patriot Act under Title II : raise Surveillance Procedures that expands the powers of federal agencies in intercepting all forms of communications to hear suspicious activities that may result to full-scale terror attacksReferenceAmerican elegant Liberties Union v . National Security Agency (2006 join States District Court Court . Eastern District of lucre Southern Division . Case No . 06-CV-10204 . get holdd October 8 , 2006 , from HYPERLINK hypertext transfer protocol /fl1 .findlaw .com /news .findlaw .com /nytimes /docs /nsa /aclunsa81706op n .pdf http /fl1 .findlaw .com /news .findlaw .com /nytimes /docs /nsa /aclunsa81706opn .pdfUS Department of legal expert (2006 . Prepared Statement of Hon . Alberto R Gonzales , Attorney General of the fall in 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 .htmlBazan , E . B Elsea , J . K (2006 . Presidential Authority to Conduct Warrantless ElectronicSurveillance to Gather Foreign Intelligence Information . Congressional Research Service . Retrieve October 8 , 2006 , from http /www .fas .org /sgp /crs /intel /m010506 .pdf...If you want to get a full essay, order it on our website: Orderessay

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