social studies

The USA Patriot Act- short for Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, apparently, and passed in response to 9/11- expanded the government's powers of surveillance and some criminal laws, while the Terrorist Surveillance Program allowed the NSA, under the newly-created Department of Homeland Security, to track the phone calls and emails of many Americans without a warrant. The TSA, or Transportation Security Administration, was also created under the DHS. Habeas corpus, while not officially suspended, was contested, especially in relation to prisoners imprisoned outside the US. The federal government attempted to arrest people suspected of treason and detain them somewhere they wouldn't be able to appeal to habeas corpus, which the Supreme Court deemed unconstitutional in Hamdi v. Rumsfeld.

SB 1070's purpose is to prevent illegal immigration by allowing police and other authorities to search and punish suspected illegal immigrants more harshly. It originated and was passed in Arizona, but most of it was voided in the Supreme Court afterwards, leaving only a provision that required law enforcement officers to verify the legal status of all people who were arrested or detained.

Some of the advantages of this bill, as stated by its supporters, were reducing illegal immigration and improving public safety. Some people also argued that making working in the state without legal permission a state crime would help prevent exploitation of illegal immigrants by employers.

Some of the downsides of it, as stated by its opposers, were that it could or would violate civil rights and encourage racial profiling and harassment of Hispanic people. Concerns were also raised that it would disrupt due process, equal protection, and the prohibition on unreasonable search and seizure, among other things.

I don't really have an opinion on it. I'm not sure what to think about it; I guess I probably wouldn't vote at all, even if I could, not only because of my indecision but because I'm a Jehovah's Witness. That means I don't get involved in political stuff at all if I can help it.

Right to a speedy trial: According to the Sixth Amendment, a defendant has the right to a speedy, public, and fair trial. As per the Speedy Trial Act of 1974, a criminal trial should commence within 180 days after the defendant’s arrest.

Right to defense: The Sixth Amendment also states that every defendant has the right to an attorney to represent the defendant’s case in a criminal trial. It is the court’s duty to appoint an attorney for a defendant, if the defendant cannot afford to hire independent defense counsel.

Right to a jury: Another important aspect of the Sixth Amendment is a defendant’s right to have a jury comprised of peers to decide the verdict in a criminal trial. Because the jury is expected to be impartial, the verdict regarding the defendant’s innocence or guilt is considered unbiased and is based solely on the evidence presented in the course of the trial.

Right against illegal evidence: The Fourth Amendment protects people from searches and seizures without a warrant and without probable cause. That’s why evidence obtained by illegal means cannot be presented in court.

Right against self-incrimination: The Fifth Amendment protects a suspect’s right against self-incrimination. Thus, law enforcement authorities cannot force suspects to admit their guilt to the crimes of which they have been accused. Also, any questioning must stop as soon as a suspect or a witness asks for a lawyer.

Right against excessive bail: The Eighth Amendment states that a defendant should not be required to pay excessively high or unreasonable bail during the pretrial process.

Right to due process: The Fifth Amendment states that every defendant has a right to due process, in other words, to a fair and unbiased criminal trial process.

Right against double jeopardy: According to the Fifth Amendment, a defendant cannot be tried for the same crime twice, after being acquitted. Thus, if a jury declares a defendant innocent in a criminal trial, the defendant cannot be brought back to trial for the same crime, even if there is new evidence that proves the defendant’s guilt.

Right to confront the accuser: The Confrontation Clause in the Sixth Amendment gives defendants the right to confront their accusers and the prosecutions’ witnesses during a criminal trial. This right allows defense attorneys to cross-examine the victim and witnesses. However, the Confrontation Clause has exceptions, such as rape shield laws and when the victim or witness is a child who cannot handle being part of the trial.

Right against cruelty: The Eighth Amendment protects inmates against any cruel behavior or punishment (such as torture) at the hands of jail or prison authorities. Inmates also have a right to receive a minimum standard of living while serving their sentence. In addition, prison authorities need to ensure that inmates receive adequate medical care, when required. Correctional facilities, such as jails and prisons, are meant not just to punish, but also to rehabilitate the convicts and prepare them for a successful and law-abiding reentry into society. Serving time, away from family and society, can hamper a convict’s psychological well-being. The Eighth Amendment right tries to ensure that an inmate’s mental health is not affected during a prison sentence. Thus, prison authorities are legally obligated to provide inmates with adequate psychological help in the form of counseling, therapy sessions, etc., if they show signs of depression or a mental breakdown.

Right to appeal: The Fifth Amendment refers to a citizen’s right to due process. Appeals are a part of a criminal trial process. Thus, those who are convicted have the right to appeal to higher courts and challenge the guilty verdict passed against them. However, only some cases that have legal grounds for appeal reach the appeals court, and even fewer reach the Supreme Court, which is the highest level of appeals.

Right to equal protection: The Equal Protection Clause in the Fourteenth Amendment protects jail and prison inmates against unfair treatment at the hands of prison authorities (such as correctional officers) on the basis of race, religion, and gender. According to this clause, all inmates are equal in the eyes of the law.

Right to read and write: The First Amendment right of freedom of speech applies to prison inmates, as well. Thus, inmates retain the right to write letters and articles, read newspapers and books made available to them, and so on. However, the correspondence that inmates send to and receive from outsiders is monitored by correctional officers to ensure that they don’t try to do anything illegal.


The liberty to do something is simply the ability and opportunity to do it, whether it is right or wrong. Liberties are your own actions. You decide how to control them. There are many things you have the liberty to do, but you do not have the right or freedom to do. Doing them may be wrong because in doing so you would infringe on someone else's liberty or rights. For example, if someone says something to you that makes you angry, you may have the liberty to step on that person’s foot in retaliation. That is to say, you have the ability and the opportunity to step on the person’s foot. However, you do not have the right to step on the person’s foot. If you do so, you will experience negative consequences.

A freedom is something you can do without experiencing interference or negative consequences from the government. Most of our freedoms are so commonplace that they are not specifically spelled out in law. For example, you have the freedom to walk sideways if you want to. It may be impractical, but the government will not stop you. You aren’t infringing on anyone else in doing so.

Some of our freedoms are so important that they are specifically spelled out in the Constitution. When a freedom is so important that it is enshrined in law, it is called a right.

1st amendment: the most basic and important rights; freedom of speech and press, freedom to practice any religion, gather peacefully, petition the government

Civil liberties protect US citizens against government restraint or action.
3rd amendment: freedom from military personnel staying in their homes against their will, which was common when the Bill of Rights was written
4th amendment: freedom from unreasonable searches and seizure
8th amendment: citizens’ freedom from unreasonable bail money requirements, and from cruel or unusual punishments for crime
Other examples of civil rights that require positive government action and resources are the rights of persons suspected or accused of crimes. For example, sometimes a person accused of a crime is guaranteed the right to a jury trial. It is the government's responsibility to organize and provide resources to make that happen.
The Fifth, Sixth, and Seventh Amendments all affirm the rights of people accused of crimes. The Fifth Amendment protects citizens by stating that a person cannot be tried twice for the same crime and also cannot be forced to testify against himself. Invoking this right is commonly known as “taking the 5th.” The Sixth Amendment provides the right to a speedy, fair trial and a lawyer if the accused wants one. The Seventh Amendment guarantees a jury trial for civil cases in the federal courts.

The Patriot Act was passed in response to the 2001 terrorist attack on the World Trade Center. The Patriot Act increased the authority of investigators in law enforcement to track communications. This tracking included monitoring phone records and email activity.
In 1798, John Adams and Congress passed the Alien and Sedition Acts. These acts authorized the president to imprison people he considered dangerous, and restricted citizen’s rights to voice political opinions. Similar laws were passed during the Civil War, World War I, and World War II.