Constitutional Law
The terrorist attack that took place on September 11, 2001 in America initiated intensive security measures taken by the government to protect the people and the state. The lack of security policy prior to 9/11 had made an impact on the country’s approach to terrorism since personal liberties and freedom of the people that used to be guaranteed under the Constitution had been compromised. The enforcement of terrorism policies of the country violated the right to privacy of the people through warrantless wiretapping. This involves the creation of the National Security Agency (NSA) Warrantless Wiretapping Program that was created under the term of President Bush which allowed the warrantless wiretapping of the citizens (Baldwin and Shaw 432). The NSA program was detested by the people by claiming that it is amounts to a blatant abuse of executive power and questioned the constitutionality of such program (Baldwin and Shaw 432). However, the Bush administration maintained that the program was a powerful weapon to ensure the safety of the country on its war against terror.
It is believed that the NSA wiretapping can be considered as a warrantless surveillance of Americans and a violation of the people’s right to privacy. It is unsound if the government will kills the civil liberties and democracy in the pursuit of national security since it curtails the very essence national defense which is to protect the people against unlawful aggression. Hence, the U.S. government must not deprive the people of their Constitutional rights by allowing warrantless wire-tapping for it is a denial of the right to privacy. The act of recording a phone conversation of an individual who is undergoing surveillance without permission is a curtailment of the right to privacy. Although the government has the power to discipline and control the nation, the Constitutional guarantees must not be compromised. Therefore, using a wiretapped conversation against a particular person should be prohibited.
Works Cited:
Baldwin, Fletcher N. and Robert B. Shaw. “Down to the Wire: Assessing the Constitutionality of
the National Security Agency's Warrantless Wiretapping Program: Exit the Rule of
Law”.University of Florida Journal of Law & Public Policy 17.3 (2006): 429-472. Print.
