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Published byLeslie Ellis Modified over 8 years ago
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Aim: To what extent does the Patriot Act violate civil liberties? Do Now: Using your cell phone, take the following poll. “Of the 10 civil liberties guaranteed by the Bill of Rights, which amendment do you think is the most important?” 1- Freedom of religion, speech, press, assembly, and petition 2- Right to keep and bear arms in order to maintain a well regulated militia 3- No quartering of soldiers 4- Freedom from unreasonable searches and seizures 5- Right to due process of law, freedom from self-incrimination, double jeopardy 6- Rights of accused person, e.g., right to speedy and public trial 7- Right of trail by jury in civil cases 8- Freedom from excessive bail, cruel and unusual punishments 9- individuals have other fundamental rights in addition to those listed in the Bill of Rights 10- Powers reserved to the states
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Homework Outline of Thematic Essay on Civil Liberties vs. National Security.
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Turn & Talk With a partner, brainstorm 3 events in which the government might want to limit civil liberties.
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Sept. 11, 2001 19 Al Qaeda militants high jacked four airliners and carried out suicide attacks against targets in the US Some of the terrorists had lived in the US for almost a year and had taken flying lesson at American commercial flight schools. – Two planes were flown into the Twin Towers – 1 plan hit the Pentagon – 1 crashed in a field in Pennsylvania – Over 3,000 people were killed
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Response to 9/11: Patriot Act The Patriot Act increases the government's surveillance powers in four areas: – Records searches. It expands the government's ability to look at records on an individual's activity being held by third parties. (Section 215) – Secret searches. It expands the government's ability to search private property without notice to the owner. (Section 213) – Intelligence searches. It expands a narrow exception to the Fourth Amendment that had been created for the collection of foreign intelligence information (Section 218). – "Trap and trace" searches. It expands another Fourth Amendment exception for spying that collects "addressing" information about the origin and destination of communications, as opposed to the content (Section 214).
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Is the Patriot Act Unconstitutional? Section 215 of the Patriot Act violates the Constitution in several ways. It: – Violates the Fourth Amendment (government cannot conduct a search without obtaining a warrant and showing probable cause). – Violates the First Amendment's guarantee of free speech by prohibiting the recipients of search orders from telling others about those orders. – Violates the First Amendment by effectively authorizing the FBI to launch investigations of American citizens in part for exercising their freedom of speech. – Violates the Fourth Amendment by failing to provide notice - even after the fact - to persons whose privacy has been compromised. Notice is also a key element of due process, which is guaranteed by the Fifth Amendment.
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DBQ Activity Row 1: Docs 1 & 2 Row 2: Docs 3 & 4 Row 3: Docs 5 & 6 Row 4: Docs 7 & 8 Row 5: Docs 1 & 9 Row 6: Docs 6 & 8
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Summary Should civil liberties be sacrificed for national security? Explain why or why not in 5-6 sentences.
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