In reference to a bill introduced to Congress forbidding the use of tactics defined by torture; The United States government must consider all of the ethical options and possibilities they have. Torturing anyone is morally unethical but allowing terrorists to murder innocent civilians is against every moral we, as humans possess. As morally just people America needs to find the exceptions in which we are willing to use torture in countering terrorism. As leaders of the free world our government has the responsibility to do everything in their power to protect innocent people and gain the needed information to do so. In order to win the war on terror, officials will occasionally have no choice but to torture the terrorists withholding information to prevent these attacks on humanity.
Oliver Wendell Holmes once wrote, “The most stringent protection of free speech would not protect a man in falsly shouting in a theatre and causing panic.” Similarly, the Supreme Court’s ruling to arrest Schenck was wrong, and a U.S. citizen should be allowed to protest a war or draft in times of war. Specifically, the Espionage Act violated the first Amendment, Charles Schenck, whom was arrested after violating the Act, was indicting no violence, and the Act violated the 13th Amendment. First, citizens in the U.S. being allowed to protest wars or drafts specifically shines through since the Espionage Act violates the 13th Amendment. The first Amendment declares, “Congress shall make no law… abridging the freedom of speech, or of the press…” However, after the Espionage Act was passed, during World War 1, Schenck was arrested for violating this Act by printing 50,000 leaflets that contradicted the war and the draft. As illustrated, U.S. citizens should be granted the ability to protest wars and drafts since it violates the first Amendment’s right to free speech.
The main provisions of the Act were to enable the Home Secretary to indefinitely detain, without trial - those suspected of terrorism. It also limited the appeals of foreign nationals that are detained under suspected terrorist offences to a closed special immigration commission. The court of appeal can only take decisions on a point of law. Indefinite detention of ‘suspected international terrorists’ - According to S21 (1) of the Anti-Terrorism Crime and Security Act 2001 (ATCSA) the Secretary of State may issue a certificate in respect of a person if he reasonably believes that the person’s presence in the United Kingdom is a risk to national security and the person is a terrorist. Another controversial part of the act is that under S23(1) ATCSA 2001 it states a ‘suspected international terrorist ' upon certification may be detained indefinitely if either a ‘point of law’ or a ‘practical consideration’ prevents his removal from the United Kingdom.
There might be improstion to taking the 8th amendment out of the factor of basically killing someone for breaking the law. Yeah they might have broken the law but killing A person so brutally doesn’t seem fair. If the death penalty never existed then how much different would america even be? In supreme court they stated “The death penalty law isn’t violating the 8th amendment it is somewhat brought into decision “ . My only question is how does the death penalty not violate the 8th amendment?
People take advantage of Amendment One by verbally hurting someone purposely or they will state false facts. The Constitution does not protect these acts at of abuse. For example Amendment Two states that “A well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” Although United States citizens have the right to bear arms, some people choose to use this law to commit crimes such as murder or robbing banks. To use one law to violate another does not make logical sense whatsoever, and committing a crime based on the Constitution is not protected in the Constitution.The Constitution gives us the opportunity to achieve Equality in society. Based on the Constitution, equality is achievable.
Lastly, the Patriot Act also eroded our freedom to be held without a charge. “Americans can now be jailed without a formal charge” (Eroding Liberties). This changed amendment takes away our three natural rights; life, liberty, and happiness. In america, you are supposed to be innocent until proven guilty. Unless you are convicted of a crime, you shouldn 't be punished.
In the United States came under attack for depriving terrorists of human and constitutional rights. These non-citizens should be protected under international human right laws, however just as in 1942, the united states uses the grounds of protecting national security as justification for their actions. Many Americans agree that terrorist should be tortured for information, as they pose a threat to national security, however this view is not held worldwide. Torture of these captives goes against international humanitarian efforts. "In its treatment of the detainees at Guantanamo, (the United States) has been unwilling to fully apply international humanitarian law ... [and] has flouted international human rights standards (Lapkin 11) ".
Terrorism refers to the unlawful use of violence and intimidation as a means of coercion, especially against civilians in the pursuit of political aims. It has multiple root causes that are closely interlinked. In order to fight terrorism, we have to approach the issue by tackling the conditions that create terrorism, instead of terrorism itself. This is because fighting radicalism provides a better paradigm due to the fact that all terrorists, by definition, are radicals. Yet, all radicals do not end up as terrorists.
In Defense of Torture “Because It Is Wrong:” A Meditation on Torture Rules Should Govern Torture, Dershowitz Says What ethical arguments are being made? Torture is okay to use. Torture is wrong. Torture should be okay in some circumstances What evidence is being given? This author agrees that torture should be used because in war we have dropped bombs on innocent people that have either killed or left children, woman, and good men in critical condition, which is close to being torture.