Fourth Amendment Issues and the Essay

The NSA had been illegally investigating several journalists and even violating their privacy by monitoring their telephone use through systems and capabilities designed for use against terrorist suspects only.

Fourth Amendment constitutional rights prohibit any such use of surveillance without judicial authorization, typically, a search warrant or wire tap warrant issued after a formal presentation of evidence and the establishment of probable cause, as required by the original text of the Fourth Amendment (Schmalleger, 2008). According to the accounts published, the NSA specifically targeted journalists known to have been critical of the presidential administration of George W. Bush, which may raise other significant constitutional problems even beyond the Fourth Amendment issues (Scmalleger, 2008).

Possible Solutions to Balancing Effective Counterterrorism and the Fourth Amendment:

As pointed out by national security expert Randall Larsen (2007), one of the main problems with the so-called War on Terror as conceived by the former presidential administration is the fact that the FBI was an inappropriate choice for lead counterterrorism agency. That is primarily because the FBI is a law enforcement agency that was originally designed to solve crimes and prosecute them criminally. Criminal prosecution requires a much different approach than counterterrorism because the former is intended to punish criminal conduct after the fact while the latter is intended to prevent criminal conduct before it occurs (Larsen, 2007).Similarly, because the FBI is a law enforcement agency, its use of surveillance and investigation is (appropriately) tightly regulated by Fourth Amendment-related protections (Larsen, 2007). On the other hand, a strictly civilian agency without any powers of arrest or responsibility for criminal prosecution could employ various methods to collect important data without conflicting with fundamental constitutional rights (Larsen, 2007). For that reason (and others), Dr. Larsen (2007) suggests the formation of a national intelligence agency without any law enforcement or prosecution responsibilities at all.

Conclusion:

Certainly, the importance of national security justifies certain sacrifices and expenses. On the other hand, outright violations of Fourth Amendment (and other) fundamental constitutional rights cannot be justified, even by the national counterterrorism effort. Ultimately, if this nation is to overcome the terrorist threat, it must be without undermining those rights and protections that are fundamental to national principles and which distinguish us from the terrorists who wish to cause us harm.

Works Cited:

Larsen, R. (2007). Our Own Worst Enemy: Asking the Right Questions About Security to Protect You, Your Family, and America. New York: Grand Central Publishing.….....