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Unit 2: Chapter 17
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Attacks on September 11, 2001 shook America to its core Largest on U.S. soil since World War II Feeling of vulnerability Congress passed new federal laws and made changes to existing laws
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New laws unnecessarily restrict individual rights when the country isn’t actually at war Government has overstretched its powers Country is in danger and new laws are made to protect Americans Laws of prevention Danger is worse from terrorism than during conventional war
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USA Patriot Act Expanded authority of law enforcement agencies in order to combat terrorism in the United States and abroad ▪ Track and intercept communications FISA (Foreign Intelligence Surveillance Act) Special court whose records and rulings are kept secret ▪ Authorize wiretaps to identify terrorists ▪ Telephone, internet, bank transactions etc… ▪ Created in 1978, expanded upon after 9/11 Protect America Act Expanded FISA to warrantless searches Listen to telephone conversations, read emails, monitor financial transactions, intercept faxes
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Arabs and Muslims in America have been called in for fingerprinting, photographing, special registration, and interviews by the FBI
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International treaties that establish the rules to war No torture of enemy combatants Signed by the United States United States has claimed the Geneva Conventions do not apply because it is not war against a country, but a war against terrorism
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Hamdan v Rumsfeld 2006 U.S. Supreme Court rejected torture Geneva Convention did apply Detainee Treatment Act 2005 Severe penalties for torture “No person in custody shall be subject to torture or cruel, inhumane, or degrading treatment/punishment” Point of Disagreement: What constitutes torture? “aggressive questioning” “enhanced interrogation”
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U.S. naval base where prisoners/detainees from war on terror are held
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Not part of United States U.S. and international laws do not apply Prisoners held for as long as 5 years No access to lawyer No way to challenge legality of their detention
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Provides a process, conducted by the military for detaining the status of enemy combatants Denies judicial review The Constitution states that a writ for habeas corpus, which allows a judge to determine whether a person is being unlawfully detained by the government, may be suspended
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