Fundamental Rights in the Bill of Rights

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Table of Contents

Introduction
Supreme Court
Criminal Justice
Racism and Hate Crimes
Resistance to change
The role of Technology
Understanding of the purpose of the USA Patriot Act
Conclusion
Works Cited

Introduction

Fundamental rights such as the right to food, the right to life and the right to security among others have been protected very significantly in the Bill of Rights. The extent to which this takes place in America depends on the government of the day. This paper examines the extent to which the Bill of Rights has influenced the way of life of the people of America in line with the Constitution. Additionally, the Patriot Act has been discussed briefly by bringing out the goodness and the challenges of the enactment. In line with the above, some suggestions on the way forward to combating the challenges mentioned have been brought out in the conclusion. It is crucial to note that America has been faced with challenges of criminal justice, racism and hate crimes among others. These have affected America’s development but it is through a painful process that the Constitution has been developed over the years to counter these problems. It is through issues of socio-political, cultural and economic aspects that the American government has worked to put the best interest of its people at the forefront.

Supreme Court

The judicial power of the United States is vested in one Supreme Court and such inferior courts as the Congress may from time to time establish some laws. The power of the federal courts extends to civil actions, damages, redresses, and to criminal cases arising under federal law (Glick 94).

The best thing that rests upon the American Constitution is the fact that no state is allowed to formulate and pass laws that may infringe on the rights of the citizens.

Criminal Justice

I believe that America has the best constitution in the world. The justice system has been given power to operate independently from the influence of the government of the day and this has been clearly brought out by (Glick 93) in that the Supreme Court makes independent decisions regarding crimes that have been committed. In another way, the federal courts have also operated in efficient ways to ensure that Justice is attained both to the parties of a case.

Racism and Hate Crimes

This has been among the biggest challenge to development in America. People have always been faced with these challenges in their homes and places of work. As (Rosich, 21) states, there is strong and compelling evidence that racial discrimination does exist at various points in the criminal justice system. A substantial body of empirical research demonstrates that, African Americans, and in particular, those African Americans who murder whites, are more likely to get the death penalty than those who murder African Americans, or than whites who are convicted of murdering whites. Such challenges have proven difficult to overcome however it is changing over time(Etzioni 12)

Resistance to change

It is not a new thing to have people who are opposed to new ideas and rules. This at most comes about when they feel that their security is being threatened. It can however be countered by active involvement of the citizens of America in the process of formulation and enactment of the law.

The role of Technology

The rate at which technology advancement is taking place is quite astonishing. The positivity that has come about is the sense of ease and speed of communication process. This has been through the social media, technological gadgets like I-phones and websites among others. Illegal crimes that have been reported have been exposed and lessons learnt at times, through the hard way. This has contributed to the streamlining of human rights. However, challenges are also involved. For example, there is a challenge of damages and reparation where victim’s rights have been infringed upon. To what extent should some or all information be exposed? Does this protect the privacy of the parties involved? How about the influence of the mind? Children in the world today can access the internet and there have been incidences of child abuse. These are among the questions that have often been put across by concerned citizens.

The Obama administration is currently working on Consumer Privacy Bill of Rights which is meant to address issues such as Individual control, Transparency (Privacy and Security Practices), Respect for Context, and Accountability among others. Its success will be a positive contribution to the world of technology. The resultant effect of such a bill will ensure that citizens are more confident of their government. Additionally, a sense of ownership will be acquired and thus enhance creativity and confidence in the people of America in the industry segments.

Understanding of the purpose of the USA Patriot Act

The first and foremost function is to do away with and punish terrorist acts in the United States and around the world, to enhance law enforcement investigatory tools, to counter money laundering, enhance the Justice System, enhancing Communication contexts in the government among others (Howard 2001). The analysis below indicates the areas which could limit or lead to enhancement of the implementation of the act. Since the act gives the government a lot of freedom, it is likely that people may face the following positivity and negativities on their Bill of Rights:-

USA PATRIOT ACT
Positivity	Negativities
Protection of the Borders: All measures have been put in place to enhance border security	Freedom from searches:The government may search and seize anybody’s papers and effects without probable cause to assist terror investigation.
Enhancement of immigration provision:This means that people coming in and out of the States will have more confidence as checks and measures put will improve on the fight against terrorism.	Likely hood of the Right to a speedy and public trial infringement:The government may jail a person indefinitely without a trial.
Protection of Life:With the current challenges of security issues, the enactment of the act enhances reduced rates of death caused by insecurity matters.	Freedom of association:To curb terrorism, the government might lay down measures to closely monitor religious associations, and political groups. This does not mean these groups under scrutiny may be guilty of attempting to commit acts of terrorism.
Economy: The Patriot Act is against Money Laundering which has sternly affected the Americas economy over time. It will thus bring about positive growth to the growth of the economy.	Right to legal representation:The government is bound to track communication between attorneys and their clients in prisons and also impose bans on legal representation for Americans convicted of crimes.

Conclusion

The government has the power to protect its people through all possible means. The means however have to be in favor of its people positively and to an extent to the whole world as well. This is so because the world has become a global village and whatever happens in one corner of it affects other parts gravely as (Etzioni 13) tries to bring out the patriotism of the Patriot Act in a world faced by terrorism threats.

The Bill of Rights is fundamental to the people of United States and thus needs to be upheld and respected by all. This means that there has to be individual responsibility which should be at the forefront to fight against criminal acts such as racism and discrimination. It is thus common sense to note that respect of diversity is and will always be of benefit to a nation’s economy and growth. The government of the day and the Supreme Court has power vested on them to promote and enhance the bill of rights by all means whether democratically or not.

The enactment of the Patriot Act has its benefits and as well as shortcomings. Security of the people facing threat is the fundamental reason why it has been developed among other reasons like economic developments and political aspects. As much as America may face resistance to change or the challenge to adaptability of the bills, dialogue and collaboration is inevitable. Collaboration is required for successful implementation of the acts. Involvement of key stakeholders such as the police and the community is crucial and needs to be put at the forefront.

Lastly, a lot needs to be done in the Justice system, for it will be a shame to have the continuity of issues such as those of (Rosich, 2) who believes that although overt discrimination has diminished in the criminal justice system over recent decades, at the beginning of the twenty-first century, America continues to come to grips with the perceptions of and the reality of unfairness in the justice system. Change however cannot take place overnight but rather over a long period of time which may be smooth or bitter.

Works Cited

Etzioni, Amitai.How Patriotic is The Patriot Act? Freedom Versus Security In The Age Of Terrorism. UK: Routledge Publishers, 2004:4-35.Print

Glick, N. An Outline of American Government. USA: United States Information Agency, 1989:1-35.Print

Howard, Ball. The USA PATRIOT ACT OF 2001, Balancing Civil Liberties And National Security, USA: ABC CLIO Publishers, 2001:2-29.Print

Rosich, Katherine J: Race, Ethnicity, and the Criminal Justice System. Washington DC: American Sociological Association, 2007:3-36.Print

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