“Don 't Abandon Due Process, Not Even For Terrorism”, is an article written on September twenty-second by Andrew Napolitano. The article discusses the use by the American Justice system of the practice of Due Process in extreme cases such as terrorism. Due Process is defined as, “fair treatment through the normal judicial system, especially as a citizen 's entitlement”. Since the turn of the twenty first century there has been a worldwide increase in the amount of large scale terror attacks especially on our domestic soil. Napolitano’s article pulls upon many sources being from factual information, testimonials, and recent events. His argument in total can be summed up into a sentence, “Without due process for those we hate and fear, even
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The author sites the passing of the Patriot act following the September Eleventh attacks. Following the passing of the Patriot Act the NSA(National Security Agency) was able to obtain tenfold the amount of information if had prior access to. Napolitano says that following the passage of this act permits federal agents to bypass the courts and issue their own search warrants. Napolitano goes further to note that this infringement of rights was originally intended to be temporary but, time and time again has been re-upped by congress and kept alive. He states that a more oppressive version is continually passed, giving the government more power to interfere with liberty, and for a longer period of time each time. Napolitano goes further to say that this information overload that the NSA has available to them, actually makes them more useless. He states that the sheer massive volume of data they collect is almost impossible to properly sort and arrange. He believes it is the limiting factor in the NSA not being able to stop all the domestic attacks seen on our soil since the passage of the act. Going through these points he is right on the vast majority of them. Just in 2013 William Bimley former NSA code writer stated that the organization is, “drowning in information, which harms its ability to conduct legitimate surveillance”. For the …show more content…
Andrew Napolitano is a former judge of the Superior Court of New Jersey, is the senior judicial analyst at Fox News Channel. Judge Napolitano has written nine books on the U.S. Constitution. His background asserts that he is a reputable individual who is qualified to speak on this topic. Though his background in law and the judicial systems will give him the purpose to make his argument favor the constitution as it is interpreted. Napolitano closes with a quote from Supreme Court Justice Felix Frankfurter which further backs Napolitano’s argument.
In Summary, Napolitano uses historical evidence and the proven track record of the American Outcry to prove that we as a nation can react emotionally. He also, uses facts from the Patriot Act and its reach into society, but failed to properly outline the continuing effect of this act. Lastly, he used his own and also, the credibility of a high ranking judge with a similar argument to further that his rational was
The author sites the passing of the Patriot act following the September Eleventh attacks. Following the passing of the Patriot Act the NSA(National Security Agency) was able to obtain tenfold the amount of information if had prior access to. Napolitano says that following the passage of this act permits federal agents to bypass the courts and issue their own search warrants. Napolitano goes further to note that this infringement of rights was originally intended to be temporary but, time and time again has been re-upped by congress and kept alive. He states that a more oppressive version is continually passed, giving the government more power to interfere with liberty, and for a longer period of time each time. Napolitano goes further to say that this information overload that the NSA has available to them, actually makes them more useless. He states that the sheer massive volume of data they collect is almost impossible to properly sort and arrange. He believes it is the limiting factor in the NSA not being able to stop all the domestic attacks seen on our soil since the passage of the act. Going through these points he is right on the vast majority of them. Just in 2013 William Bimley former NSA code writer stated that the organization is, “drowning in information, which harms its ability to conduct legitimate surveillance”. For the …show more content…
Andrew Napolitano is a former judge of the Superior Court of New Jersey, is the senior judicial analyst at Fox News Channel. Judge Napolitano has written nine books on the U.S. Constitution. His background asserts that he is a reputable individual who is qualified to speak on this topic. Though his background in law and the judicial systems will give him the purpose to make his argument favor the constitution as it is interpreted. Napolitano closes with a quote from Supreme Court Justice Felix Frankfurter which further backs Napolitano’s argument.
In Summary, Napolitano uses historical evidence and the proven track record of the American Outcry to prove that we as a nation can react emotionally. He also, uses facts from the Patriot Act and its reach into society, but failed to properly outline the continuing effect of this act. Lastly, he used his own and also, the credibility of a high ranking judge with a similar argument to further that his rational was