National Security and The Rule of Law

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1. National security means the ability of a country to protect its citizens from the threat of attack. These include protection against threats such as foreign spies, weapons of mass destruction, and violence from terrorism. For example, national security protects the US from attacks similar to those of 9/11 (1). The rule of law implies that every individual is subject to the law of the land. The law applies even to the President of the United States. Since everyone should comply with the law of the land the law supports national security (2). The constitutional values that directly support national security are the First Amendment and the Fourth Amendment to the US Constitution. The First amendment means the freedom of speech, the rights of the press, and the rights to assembly should be protected by the government. National security ensures that the right to freedom of speck, the press, and right to assembly are protected. Those who exercise those rights are not attacked nor do they fact violence. For example, if an individual who makes a speech against the policies of the government is attacked after the speech, the individual's right to freedom of speech is violated. The Fourth Amendment to the US Constitution supports national security because it gives protection to individuals against unreasonable searched, seizures, and arrests. The Fourth Amendment requires that a warrant should be obtained under oath in which the place to be searched has to be specified. The Fourth Amendment protects the rights of citizens to be secure in their homes and persons. National security is essential for the citizens to be secure. On one hand the Fourth Amendment requires the government of US to provide security to its citizens at the same time the Fourth Amendment protects the rights of citizens from government intrusive vigilance and violations of privacy.

The President of the United States is the highest official responsible for National Security. He also has the powers for ensuring national security. Usually he picks his principal national security advisor and the foreign policy advisers. The main forum used by the US President for national security is the National Security Council. The NSC has his national security advisors and cabinet officials and is the main organization through which the President coordinates national security policies and foreign policies throughout the federal agencies.

The holy Bible not only encourages efforts made to ensure national security, it also gives blessings for ensuring national security. "Pease be within your walls and security within your towers!" (See: Psalm 122: 7) The Lord promises support for peace and security. The Bible encourages actions of national security and it also encourages actions that increase national security. "And you will feel secure, because there is home, you will look around and take your rest in security" (See: Job 11:18).

2. The pertinent law for national security is the National Security Act of 1947 that reorganizes the foreign and military departments of the United States (3). The objective was to create a unity of command and full coordination of the entities responsible for national security. The sources of law for national security come from international law, US statutes, common law, and the US Constitution (4). For example, the international law of armed conflict, and the humanitarian law apply. In the United States there are several laws that effect national security. These include the International Emergency Economic Powers Act, the Patriot Act, and the War Powers Resolution. Another source of law that molds the US national security policy is the US Court decisions that impact national security. The cases related to the separation of powers between the Congress and The President include Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952) and The Steel Seizure Case.

Electronic surveillance can violate the Fourth Amendment right of the people to be protected against unreasonable searches and seizures. The key premise is that electronic eavesdropping is a violation of the right of people to be protected against unreasonable searches and seizures. Electronic surveillance is in the form of wiretaps, and bugs which are intrusive and there are restrictions on the use of most forms of electronic surveillance. There is a requirement that that the authorization of use of electronic surveillance must come from a high-level Department official who must approve the use of the type of surveillance. After this the Assistant US Attorney must be approached to get a court order authorizing interception. There are approval requirements for oral interception devices, roving taps, consensual monitoring of wire, and video surveillance. In addition, there are proceedings that must be fulfilled for emergency interception procedures and the use of information obtained through electronic surveillance as evidence in court.

These restrictions do not apply to surveillance carried out under the Foreign Intelligence Surveillance Act 1978, codified at 50 USC Section 1801 which are excluded from the coverage of the law pertaining to US Citizens. The FISA allows government agents, to carry out warrantless interceptions of telephonic communications, electronic communication, and oral conversations. The Federal agents can engage in warrantless interceptions of oral communications when the parties have no expectation of privacy.

According to the Fourth Amendment of the US Constitution, electronic surveillance is a search and has the same warrant requirement as any other search. For example, any video surveillance of someone with malicious purposes is not allowed. Similarly, it is illegal to make video recording of a person where he expects full privacy. A video cannot be made of a person in bathrooms. In contrast, video surveillance in a public place is allowed because in a public place individuals do not have any expectation of privacy.

3. The strategies and approaches used by the US to counter terrorism include tracking and intercepting terrorist activities (5). The US monitors potential terrorists, identifies them, and tracks them. In addition, the US federal agents quickly spot individuals who are likely to get radicalized and it provides additional security to at-risk persons and buildings. On one hand, the US takes additional security measures to protect organizations and people who could be targeted by terrorists. This reduces the possibility of a terrorist attack. Moreover, terrorist offenses are given more severe sentences (6). For example, those involved in planning terrorist attacks, providing support and shelter to terrorists, and radicalizing people are also given severe sentences. Investigating measures and disrupting terrorist activities means that websites that use hate speech, incite ...