Business Law 266

Terrorist Surveillance ProgramIn 2002 US President George Bush secretly signed an executive authorizing the National security measures Agency to wiretap without a court or fightrants tot altogethery 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 lay out the touch is a necessary tool in the war against terrorismHowever , these eavesdropping roleplayivities came down the stairs fire from many sectors questioning its fairness and constitutionality that infringe respective(prenominal) and civil rights . It is unconstitutional and il efficacious because it simply violates the loosen public lecture of the First Amendment and the right to unreasonable searches and seizu res of the quarter Amendment of the constitution . In addition , much(prenominal) actions also go against the 1978 international countersign Surveillance Act (FISA ) enacted by recounting . This act exactly allows electronic surveillance to foreign countries and non domestically . The plan has breached the separation of powers doctrine by mandating such measures that violate an act of congress by assuming legislative officeOn the other handwriting , in defense of national protection in protect America and its citizens from terrorism , the president has the legal basis downstairs Article II , Section ii 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 phratry 18 , 2001 on the Authorization for Use of Military Force granting him authority to use all necessary and appropriate force a gainst those who perpetuated the September 1! 1 2001 attacks .

Finally , the president is also backed by the regular army Patriot Act under epithet 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 . easterly 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 account of Hon . Alberto R Gonzales , Attorney General of the fall in States . extort 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 dictum 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 involve to get a full essay, order it on our website: OrderEssay.net

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