The Pros And Cons Of The US Patriot Act
Wiretapping is an infringement of a person’s rights. The United States has the power to do this under the U.S. Patriot Act, but they actually are only allowed to monitor a conversation if they have a probable cause and a warrant. A great quote regarding NSA Wiretapping in relation to the Patriot Act comes from Dean Heller, a senator from Nevada. He said in a press release that “there is a fine line between protecting our nation and protecting our Fourth Amendment rights.” (Heller, 2013) This quote goes to show that while the nation should be protected, the government should not have the right to blatantly overlook the rights of the people of the country.
The elastic clause was a major factor in the establishment of the Patriot Act. The elastic clause allows the United States government to overlook certain rights and privileges of citizens as long as the act or law can be proven “necessary and proper”. The United States Patriot Act, of course, was formed with this in mind because without the elastic clause, the government would have never been able to neglect such significant rights of citizens who are not to blame in the terrorist attacks that have previously occurred in the …show more content…
This case was called Katz v. United States. Katz v. United States was a case where Charles Katz was accused of putting together illegal gambling operations. The government found this information by listening to Katz’s phone conversations, without a warrant. (US Courts) Of course, the government did not have the right to do something so invasive and unconstitutional. The final ruling of this case was just about a unanimous (7-1) vote in the Supreme Court that stated warrantless wiretapping in a public place was a complete violation of the fourth amendment. If warrantless wiretapping was illegal before the United States Patriot Act was established, it should still be treated as a