In 2002 US President George Bush in secret signed an executive order authorising the National Security Agency to intercept without a tribunal order or warrants all communications coming in and out of the state by suspected terrorists. Known as the Terrorist Surveillance Program. it aims to observe and forestall future onslaughts on American dirt. Harmonizing to the White House the move is a necessary tool in the war against terrorist act.
However. these listen ining activities came under fire from many sectors oppugning its legality and constitutionality that infringe single and civil rights. It is unconstitutional and illegal because it merely violates the free address of the First Amendment and the right to unreasonable hunts and ictuss of the Fourth Amendment of the fundamental law. In add-on. such actions besides go against the 1978 Foreign Intelligence Surveillance Act ( FISA ) enacted by Congress. This act merely allows electronic surveillance to foreign states and non domestically. The plan has breached the separation of powers doctrine by mandating such steps that violate an act of Congress by presuming legislative authorization.
On the other manus. in defence of national security in protecting America and its citizens from terrorist act. the president has the legal footing under Article II. Section Two of the fundamental law that defines his built-in powers as the commander-in-chief of the ground forces and naval forces. and of all the reserves of several provinces. The president is besides supported by a joint declaration by Congress passed September 18. 2001 on the Authorization for Use of Military Force allowing him authorization to utilize all necessary and appropriate force against those who perpetuated the September 11. 2001 onslaughts. Finally. the president is besides backed by the USA Patriot Act under Title II: Enhanced Surveillance Procedures that expands the powers of federal bureaus in stoping all signifiers of communications to find leery activities that may ensue to all-out panic onslaughts.
Mention
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 hypertext transfer protocol: //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 hypertext transfer protocol: //www. justness. gov/ag/speeches/2006/ag_speech_060206. hypertext markup language
Bazan. E. B. & A ; Elsea. J. K. ( 2006 ) . Presidential Authority to Conduct Warrantless Electronic
Surveillance to Gather Foreign Intelligence Information. Congressional Research Service. Retrieve October 8. 2006. from hypertext transfer protocol: //www. fetal alcohol syndrome. org/sgp/crs/intel/m010506. pdf
