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Counter-Terrorism: Constitutional and Legislative Issues - Essay Example

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Counter-Terrorism: Constitutional and Legislative Issues

Though the previous Bush administration had claimed that around 50% of the accused were convicted in terrorism cases, an analysis had brought to light that the convictions were only of a much smaller number and the average length of the sentence was around 11 months(Eggen.&Tate.2005). Another important incident that has been the point of debate is a ticking bomb case which would demand unconstrained powers of interrogation. Here the danger might be prevented with brutal interrogation methods. It has been clearly stated that the 5th, 8th and 14th amendments of the constitution provides for all types of torture which is “cruel, inhuman and degrading”. But the administrators explicitly argued that in a war against terrorism, the treaty is invalid, since the troops were of no country but aliens, against whom war may be waged indefinitely. The argument was that the treaty was valid for only within the United States.
The Patriot Act was the immediate result of the act of terrorism committed on the United States. At first it was overstated and then treated as if it was very radical and dangerous by the civil liberties community. On the other hand the claim made by the president under the war powers was more substantial than the Patriot Act. These powers were claimed by a General resolution passed by the Congress soon after September 11th. The new powers were asserted to detain American citizens, as well as others, and supported the coercive interrogation of hundreds abroad. But such interrogation would be against the very standards on which the foundation of the nation is built. But what is much more binding is that by ratifying international treaties the United States has limited itself from not only using torture, but also “cruel, inhuman and degrading treatment”.
The new administration under President Obama has been determined to bring back some good will. It has completely taken away the rights of detention authority of the ...Show more


The lawyers to the president had nullified the law which makes torture a crime. Severe methods like the water boarding, in which the individual is…
Author : cathrineosinski
Counter-Terrorism: Constitutional and Legislative Issues essay example
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