Professor Arto Artinian
POL100 (0502): Discussion Board 9.2
June 16, 2021
1. P. Williams writes in her essay, that the war on terror is a new type of a war. What’s new about it, how is it different from traditional wars?
The new about the war on terror is that the war on terror is a war of the mind, which means the definition of the war on terrorism is too broad. Because a terrorist might be anyone around you, and it makes people become sensitive and afraid of any potential people or factors that might become terrorists. Also, this has led few people to question the unusual civil measures taken by the government. Because people are fearful of another terrorist attack, they indulge the government’s wanton infringement of the rights granted to citizens by the Constitution. The difference between the war against terrorism and the traditional war is that the traditional war has clear enemies, and the government army only needs to destroy them to win. However, the war against terrorism defines the enemy too broadly, and it makes everyone living in the United States a possible “terrorist.” This has caused people to fall into the long-term fear that there may be terrorists around them, and it also makes people confused about whether this extensive war on terrorism has been won.
2. In what ways does the “Roving Wiretaps” of the Patriot Act seem to violate the Bill of Rights? Which amendment(s) does it seem to violate and why?
The “Roving Wiretaps” of the Patriot Act seems to violate the Fourth Amendments of the U.S. Constitution. Because the “Roving Wiretaps” of the Patriot Act regulations specifically allow investigators to eavesdrop on suspicious spies and terrorists. However, the Fourth Amendments of the U.S. Constitution stipulates that investigators must apply for and obtain a search warrant before searching and detaining a suspect to confirm that the suspect has committed a crime. For example, according to Reading 9.1, the author explained the Fourth Amendments of the U.S. Constitution. The author writes, “In either case, the amendment indicates that government officials are required to apply for and receive a search warrant prior to a search or seizure; this warrant is a legal document, signed by a judge, allowing police to search and/or seize persons or property” (Reading 9.1). Therefore, the “Roving Wiretaps” of the Patriot Act violate the Fourth Amendments of the U.S. Constitution.
3. What about “Sneak and Peek” Warrants?
“Sneak and Peek” Warrants, which means the FBI can search a home or business without immediately notifying the target of the investigation. This violates the Fifth Amendment of the U.S. Constitution. Because the Fifth Amendment of the U.S. Constitution stipulates that the person has the right to refuse to answer law enforcement officers’ questions that may provide evidence of his/her crime. However, “Sneak and Peek” Warrants allow “delayed notice” of search warrants, allowing investigators to have complete discretionary power without supervision over the content, time and location of the search. That not only violates the privacy of the person under investigation, but also prevents the person under investigation from claiming and protecting his/her rights. Therefore, “Sneak and Peek” Warrants violate the Fifth Amendment of the U.S. Constitution.