Can the bill of rights be respected whilst the the threat of terrorism remains?

HideShow resource information
  • Created by: Isabella
  • Created on: 20-05-14 09:40
Preview of Can the bill of rights be respected whilst the the threat of terrorism remains?

First 320 words of the document:

Can the Bill of Rights be respected while the threat of terrorism remains?
This issue can only be determined by ideology. Conservatives would argue that
National Security is overall more important, but liberals would argue that the
protection of security should continue to be a fundamental value within
Security is the highest priority of government- therefore torture,
searching properties and trying suspects in military courts are vital to
maintain this.
The Courts are available as a safeguard, should any excessive measure
be taken in the pursuit of protection. For example, Hamdan vs Rumsfeld,
ruled that the military commissions set up purely to try detainees in
Guantanamo Bay was unconstitutional.
Past erosions of liberty have not become permanent, and when they are
seen as excessive, compensation was given- for example, Miranda
warning now has to given to someone being arrested, as a result of
Miranda vs Arizona, where it was ruled police had to give a criminal a
statement of rights- if they didn't, this would violate the 5th and 6th
The use of oppressive methods undermines the USA's claim to be "land
of the free" and thus may even give rise to terrorism within the US
It is the rights of the vunerable minorities that are that the greatest risk-
eg Islam phobia rose following 9/11, and they were more likely to be
Courts can sometimes be an inadequate safeguard- they can accept
what is seen as excessive. Eg the CIA interrogation of suspect Ahmed
Khalfan Analini was upheld by an appeals court in New York. He was held
for 57 months before being transferred to civilian courts.
There is a danger of a "temporary" measure becoming permaent


No comments have yet been made

Similar Government & Politics resources:

See all Government & Politics resources »See all resources »