Question

Natural law is a concept in political theory which suggests that there are universal rights and wrongs and holds that (among other things) every individual possess basic rights which all governments must protect. U.S. law generally supports this concept and courts have consistently held that the Bill of Rights applies to all people, not just citizens. However, since 9/11 several federal laws have been passed which limit the due process rights of suspected terrorists. Such laws, like the PATRIOT Act, were passed in the name of protecting national security.

What should happen when individual due process rights come in conflict with national security protections? Is upholding the due process rights of everyone the best way to protect national security? Or should national security protections take precedence over due process rights?

Answer 1

Natural law is a concept in political theory which suggests that there are universal rights and wrongs and holds that (among other things) every individual possess basic rights which all governments must protect. U.S. law generally supports this concept and courts have consistently held that the Bill of Rights applies to all people, not just citizens. However, since 9/11 several federal laws have been passed which limit the due process rights of suspected terrorists. Such laws, like the PATRIOT Act, were passed in the name of protecting national security.

What should happen when individual due process rights come in conflict with national security protections? Is upholding the due process rights of everyone the best way to protect national security? Or should national security protections take precedence over due process rights?

Answer: in response to attack in US September 11 and the attack 2001 patriots act have been come into existence. Patriots act passed under section 314 help to eliminate terrorism in USA and around the world. To protect individual property being harm by terrorist and also take action against drug dealer etc . USA patriots act was passed by the Senate 98-1. Many tools have been used to fight against terrorism, drug dealer. Under this act without any notice government officials can enter anybody house/ apartment/office and investigate . In any emergency case they can also sealed the house. However search warrant in US executed. Due process in US is not beneficial if we consider an individual rights. It violet individual rights. In due process there is sentence called Miranda warning here individual have to maintain silence after being arrested by the police. However in general every particular individual have the right to disclose all the truth that is against him/her .but this rule can't give liberty of such kind. Supreme Court have interrupted due process because of the violation of right of human. There are ongoing debate on how due process is beneficial or creating public safety more difficult. However in due process there is some violation of human rights which need to be taken in consideration.

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