I am doing a research paper, and I’d like to know what acts of congress limit/infringe upon individual rights. This is purely an opinionated question, there has to be no facts or information behind it.
So far there are three other answers. One about the Prohibition of Marijuana, one against the Republican party (more or less), and the final one about the Patriot Act. I need to address all three.
First, Prohibition of Marijuana. The general argument that people (those that use it) use to say it should be legal is that it’s not a bad thing, or that there are worse things like Alcohol. But the fact remains that it is a narcotic, it has an impact on a persons senses and ability to function and operate equipment safely. It is also something that is smoked, and smoke in the air is particles of the product that are very small and heated. That means they travel into other peoples lungs, and NOBODY has a right to impose that on other people around them. That is why there are more anti-smoking laws. If you can’t keep 100% in your own lungs, then you are impacting people around you. It’s not brain surgery, so figure it out.
As for republicans. Where do I begin on this one. It’s all of the political parties. They should not even exist. Why should a view on Abortion and gun controll be bundled together? They have nothing to do with each other. the whole party mentality is if you are republican, you would have a consistant view on both of those items as other republicans. I’m agauinst abortion, and also against gun control (pro-gun).
It does not matter what party is in office, they all serve themselves. If I were in the house of representatives, I would vote on thse issues the way my constituents wanted me to vote. If a majority said they were pro-abortion, then my personal opinion does not trump theirs. I would vote pro-abortion. If a majority said they wanted gun control, then I would vote that way also. I would often be crossing party lines, but that’s too bad. Representatives are suppose to represent the people, not the parties.
Finally, the Patriot Act.
The patriot act is definately a problem, it gave far too much power to others, but it does not do as much as many people think. Higher laws trump lower laws. The highest law in the land is the U.S. Constitution.
PRE-PATRIOT ACT
Authorities show up at your home to search. they begin searching and you do not say anything. By doing that you have effectivly givern them permission, and so what they find, stands up in court. if you say stop or cease and desist, then they must obtain a warrant.
POST-PATRIOT ACT
Authorities show up at your home to search. they begin searching and you do not say anything. By doing that you have effectivly givern them permission, and so what they find, stands up in court. if you say stop or cease and desist, then they must obtain a warrant.
Those two examples are the same. Here is where it is different.
PRE-PATRIOT ACT
Authorities show up at your home to search. You are not at home and they do not have a warrant so they begin searching and so what they find, is thrown out of court because they did not obtain a warrant. Your denying them authority to search is assumed. Permission denied is the default.
POST-PATRIOT ACT
Authorities show up at your home to search. You are not at home and they do not have a warrant so they begin searching and what they find, stands up in court even though they did not obtain a warrant. You did not specifically deny them authority to search and so permission is assumed. Permission GRANTED is the default.
In all situations however you still have the autority to require them to obtain a warrant.
The Patriot act is full of situations like this, and you have to be able to read between the lines very carefully. The biggest problem is that many of those authorities assume they can trump your rights, when they really can’t and in every case I am aware of, it was the authorities that lost in court.
But, the Patriot act did go to far. President Bush and the creators of the patriot act may have had the wish to protect this nation, and the intent to not abuse power, but it does not change the fact that power can be abused by those that follow them later on. It is not the infrastructure of this nation that is most important, it is the ideas behind our ways of life.
There was no check and ballance in the patriot act to prevent abuse. Abuse ALWAYS happens. If you can think of just one thing, throughout all of history, either created or discovered by mankind, that was not uses in a way to take advantage of others, or abused in some form, then I would like to know what it is.
Where the Patriot Act is concerned, it accomplishes things by twisting the time and place of how people can apply their rights. It is a contruement of rights and of law, and so is a violation of the 9th Amendment.