Expert answer:What privacy rights?
Expert answer:Constitutional Issues and the Scope and Character of U.S. Government In the Final Research Paper, you will use your critical thinking skills to analyze and evaluate a current events topic that has constitutional and political implications. Select one topic from the following list of three constitutional issues. The topic you select should also be used as the topic for your Week Two and Three written assignments: Privacy rights The thesis of the paper will be a statement identifying how the concepts of federalism, civil liberties, and civil rights are implicated in and affected by this topic. Utilize the feedback from your Week Two and Three Assignments to create a more thorough outline to form your Final Research Paper. The paper must include five main sections: Introductory paragraph that provides a brief background regarding the topic and introduces the main thesis. In-depth discussion of the implications for federalism related to the topic. Explain how and why federalism has a positive and negative impact on the selected topic. Provide one real-world positive example. Provide one real-world negative example. Utilize the Constitution, established case law, and scholarly sources to support your explanation. In-depth discussion of the implications for civil rights related to the topic. Explain how and why civil rights are positively and negatively affected by the selected topic. Provide one real-world positive example. Provide one real-world negative example. Utilize the Constitution, established case law, and scholarly sources to support your explanation. In-depth discussion of the implications for civil liberties related to the topic. Explain how and why civil liberties are positively and negatively affected by the selected topic. Provide one real-world positive example. Provide one real-world negative example. Utilize the Constitution, established case law, and scholarly sources to support your explanation. Concluding paragraph that summarizes the main findings and restates the thesis. The paper must be at least 11 pages in length (excluding title and reference pages) and formatted according to APA style. You must use at least six scholarly resources (at least five of which can be found in the Ashford University Library) other than the textbook to support your claims. Cite your sources within the text of your paper and on the reference page. For information regarding APA, including samples and tutorials, visit the Ashford Writing Center. The Final Research Paper: Must be at least 11 double-spaced pages in length (excluding title and reference pages), and formatted according to APA style as outlined in the Ashford Writing Center. Must include a title page with the following: Title of paper Student’s name Course name and number Instructor’s name Date submitted Must begin with an introductory paragraph that has a succinct thesis statement. Must address the topic of the paper with critical thought. Must end with a conclusion that reaffirms your thesis. Must use at least six scholarly resources, including a minimum of five from the Ashford University Library. Must document all sources in APA style, as outlined in the Ashford Writing Center (Links to an external site.)Links to an external site.. Must include a separate reference page, formatted according to APA style as outlined in the Ashford Writing Center.
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Constitutional Issues and the Scope and Character of U.S. Government
In the Final Research Paper, you will use your critical thinking skills to analyze and evaluate a current
events topic that has constitutional and political implications.
Select one topic from the following list of three constitutional issues. The topic you select should also be
used as the topic for your Week Two and Three written assignments:
Privacy rights
The thesis of the paper will be a statement identifying how the concepts of federalism, civil liberties, and
civil rights are implicated in and affected by this topic.
Utilize the feedback from your Week Two and Three Assignments to create a more thorough outline to
form your Final Research Paper. The paper must include five main sections:
Introductory paragraph that provides a brief background regarding the topic and introduces the main
thesis.
In-depth discussion of the implications for federalism related to the topic.
Explain how and why federalism has a positive and negative impact on the selected topic.
Provide one real-world positive example.
Provide one real-world negative example.
Utilize the Constitution, established case law, and scholarly sources to support your explanation.
In-depth discussion of the implications for civil rights related to the topic.
Explain how and why civil rights are positively and negatively affected by the selected topic.
Provide one real-world positive example.
Provide one real-world negative example.
Utilize the Constitution, established case law, and scholarly sources to support your explanation.
In-depth discussion of the implications for civil liberties related to the topic.
Explain how and why civil liberties are positively and negatively affected by the selected topic.
Provide one real-world positive example.
Provide one real-world negative example.
Utilize the Constitution, established case law, and scholarly sources to support your explanation.
Concluding paragraph that summarizes the main findings and restates the thesis.
The paper must be at least 11 pages in length (excluding title and reference pages) and formatted
according to APA style. You must use at least six scholarly resources (at least five of which can be found
in the Ashford University Library) other than the textbook to support your claims. Cite your sources
within the text of your paper and on the reference page. For information regarding APA, including
samples and tutorials, visit the Ashford Writing Center.
The Final Research Paper:
Must be at least 11 double-spaced pages in length (excluding title and reference pages), and
formatted according to APA style as outlined in the Ashford Writing Center.
Must include a title page with the following:
Title of paper
Student’s name
Course name and number
Instructor’s name
Date submitted
Must begin with an introductory paragraph that has a succinct thesis statement.
Must address the topic of the paper with critical thought.
Must end with a conclusion that reaffirms your thesis.
Must use at least six scholarly resources, including a minimum of five from the Ashford University
Library.
Must document all sources in APA style, as outlined in the Ashford Writing Center (Links to an external
site.)Links to an external site..
Must include a separate reference page, formatted according to APA style as outlined in the Ashford
Writing Center.
Running head: FEDERALISM AND CONSTITUTIONAL DEBATES
Federalism and Constitutional Debates
Curtis Earle
POL 303: The American Constitution
Instructor: Jeremiah Chancey
November 22, 2017
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FEDERALISM AND CONSTITUTIONAL DEBATES
2
Introduction
In the United States, power is shared between the central and state governments. Both the
federal government and the state governments play different roles that are defined by the
constitution of the United States. Historically, federalists have always been in favor of forming a
stable national government while anti-federalists have still supported the formation of steady
state and local governments. The concept of federalism has elicited several constitutional debates
on matters of civil rights. The Constitutional Convention without a doubt expands the forces of
the government as they existed under miserably inadequate Articles of Confederation. However,
there was an impressive difference among the agents with respect to how broad the powers of the
government ought to be. The record delivered in Philadelphia in September of 1787 mirrors
various bargains on the subject of the privileges of states and the forces of the new government.
There have been arguments that some activities of the national government infringe the right to
privacy as the power is sometimes breached in when the government lays out measures to boost
security. The issue of federalism has always been a bone of contention; while others support it,
some are of a varied opinion that federalism negatively affects civil rights and liberties.
Federalism and Constitutional Debates
The topic of how power ought to be divided between the government and the states is
truly what American legislative issues have been about for well more than two centuries. It is an
inquiry discussed by representatives to the Constitutional Convention in Philadelphia in 1787,
bantered by Federalists and Anti-Federalists amid the confirmation time frame, and wrangled
between and inside our political parties from that point onward. Decisions have been won and
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FEDERALISM AND CONSTITUTIONAL DEBATES
3
lost on this inquiry, and a Civil War battled about it. Federalism has both positive and negative
implications for public rights. Some actions carried out by the federal government infringe this
power while some are necessary and they have a positive influence on confidentiality and other
rights. People are given platforms by the federal government where they get to air their views
regarding civil rights like privacy (Hail, 2011). The surveillance technologies adopted by the
governments are anchored on civil liberties, and privacy is respected as this technology is
incorporated in security measures. State governments are granted their privacy as the federal
government is prohibited from interfering with state matters.
On the other hand, federalism may have a negative impact on privacy rights. Hail (2011)
asserts that the federal state may interfere with some of the activities vested in the state
governments. This is because some federal agencies can spy on some private contents in efforts
to curb criminal activities. Transactions carried by the states can also be spied on by the federal
government thus infringing the right to state privacy.
Federalism has its pros and cons and some advantages outweigh the negativities thus the
idea is good as it supports national integration and security.
Civil Rights and Federalism
The federal government is tasked with the role of protecting and promoting public rights.
The federal courts and government institutions are the key players in civil rights enforcement
(Emerson, 2014). The federal judiciary has been and is still playing an active role in interpreting
the civil rights laws and it is the avenue where people seek justice relating to violation of civil
rights. The state governments have passed laws overtime on the protection of civil rights, and in
most cases, these rules have widened the scope of these rights as some elements that are not
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FEDERALISM AND CONSTITUTIONAL DEBATES
4
covered by the federal laws are incorporated by states. In the recent years, protection of civil
rights by central organs has weakened as the federal courts have become discriminative and
victims are often not given a fair hearing. Protection of civil rights by the national law
enforcement mechanisms has weakened giving room for states to make laws that extensively
cover these requirements. A scrutiny on the court cases established by the federal courts gives a
clear indication that some victims are discriminated, and unfair judgments are passed.
Civil rights should be protected without any form of discrimination. Therefore; federal
government institutions should embrace some of the positive laws enacted by the state
governments so that the civil rights are protected.
Federalism and Civil Liberties
There are arguments that federalism supports civil liberties. Separation of power to
different states gives them the sense of freedom to independently carry out their activities
without being interfered with by the national government (Valauri, 2015). Federal power is
limited, and the states have the liberty to make their decisions without undue influence being
exerted on them by the national government institutions. The concept of freedom being promoted
by federalism is quite complicated as the government may encourage or limit liberty. A review of
the decisions made by the Supreme Court about this matter shows that individual freedoms are
sometimes limited rather than promoted.
The complexity of this matter on federalism and liberty makes it difficult for one to
understand the relationship between the two concepts (Valauri, 2015). Since the Supreme Court
actively promotes civil rights other than liberties, it is difficult to determine the correlation
between freedom and federalism.
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FEDERALISM AND CONSTITUTIONAL DEBATES
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Conclusion
Federalism has both positive and negative influences on various aspects of our lives.
Civil rights and liberties are sometimes affected positively or negatively by the federal
government. By analyzing the impacts of federalism, one realizes that some advantages outweigh
negativities and therefore the concept of federalism should be critically examined to bring the
best out of it.
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FEDERALISM AND CONSTITUTIONAL DEBATES
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References
Emerson, B. (2014). Equality and Federalism in U.S. – American Civil Rights Law: A Review of
Two Recent Supreme Court Cases on same-sex Marriage and Voting Rights.
Flaherty, D. H. (1989). Protecting privacy in surveillance societies (p.306). Chapel Hill:
University of North Carolina Press.
Hail, M. W. (2011). Federalism, Privacy Rights, and Intergovernmental Management of
Surveillance: Legal and Policy Issues. In Video Surveillance. InTech.
Mayabi, C. (2015) Privacy Rights in the United States: Federal vs. State Government; Retrieved
from http://www.grin.com/en/e-book/295899/privacy-rights-in-the-united-states
McThomas, M. (2013). The Dual System of Privacy Rights in the United States (Vol. 1).
Routledge.
Schwartz, P. M. (2015). The value of privacy federalism.
Valauri, J, T. (2015). Federalism, Mandates and Individual Liberty. SSRN Electronic Journal
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Running head: FEDERALISM AND CONSTITUTIONAL DEBATES
Federalism and Constitutional Debates
Curtis Earle
POL 303: The American Constitution
Instructor: Jeremiah Chancey
November 20, 2017
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FEDERALISM AND CONSTITUTIONAL DEBATES
2
The Impact of Federalism on Privacy Rights
The US has two levels of government the state government and federal government
giving rise to the concept of federalism. It involves the sharing of power between the two levels.
This idea has been in existence for centuries. Each level has its priority matters to address and
exercises dominance over such affairs. The Constitution (Article 1 Section 9) stipulates the
jurisdiction of each level limiting it to the given powers. Breach of this article is a violation of
the constitution.
Sharing of power involves giving up some control which causes problems creating
constitutional debates. The government in its mandate to protect the nation conducts activities
like surveillance that infringes the rights of the people. The constitution provides the right to
privacy which all individuals should enjoy. This issue is critical and has been subject to various
deliberations. The central government exercises extra powers when it comes to privacy rights.
Therefore, this paper discusses the positive and negative impacts of federalism on privacy rights
(Schwartz, 2015).
Positive Impact
The constitution provides privacy rights in the bill of rights section. The fourth
amendment to the US constitution protects the privacy of individuals. This section hinders the
government from conducting illegal searches of people’s property. The clause stipulates that
searches should be by probable cause and a specific description of the items under investigation.
The current security concerns in the nation have made the government enact legislation that
defies the right to privacy. This situation has generated concerns over the interference of the
FEDERALISM AND CONSTITUTIONAL DEBATES
3
privacy rights of the people. However, federalism has positive impacts on the right to privacy
(Mayabi, 2015).
Federalism provides a platform for the citizens to have a say on the extent with which the
laws influence their privacy. It offers separation of powers in the process of making laws. The
state and local governments have powers to make laws relating to the different issues they face
such as privacy. This provides an opportunity for the inclusion of citizen’s thoughts about
government participation in their private lives in the legislation. The people get to choose the
extent to which the government accesses information about their private lives (Hail, 2011).
Federalism prohibits the central government from interfering with the operations of the
states. This incentive helps the states to make laws such as privacy laws to address the needs of
their people. Despite the guideline, the federal government provides oversight preventing misuse
of power by the states during legislation (Mayabi, 2015).
Negative Impact
According to federalism, privacy protection is the duty of both the state and central government.
The central government allows the states to make privacy laws but still has some control over
them. The various agencies providing security can access personal information about the people.
Federalism enables the federal government to gain access to private details especially through
transactions in banks and government entities. Moreover, state laws cannot prevent the national
government from its efforts to keep national security due to federal supremacy. Washington has
the constitutional mandate to prevent internal and external attacks (Hail, 2011).
In the year 2001, the government enacted the Patriot Act that gave it the legal ability to
spy on its citizens. The Federal Bureau of Investigation (FBI) can conduct surveillance on
FEDERALISM AND CONSTITUTIONAL DEBATES
4
individuals connected to terrorism. Section 215 of the Act allows the agency to acquire a warrant
even without definitive cause to gather information about a suspect in connection to terrorism.
This act advocates for the violation of the privacy rights.
In case of Olmstead vs. the United States (1928), the law enforcement agents got
evidence sufficient for conviction through dishonest ways. The agents had a recording of the
accused conspiring to commit a crime. They had surveillance equipment on his compound and
got the evidence through a conversation. The federal court ruled that there was no violation of
the accused rights and thus found guilty of attempted murder. This case shows how the police are
willing to use any means to obtain information about a person even if their rights to privacy are
violated (Flaherty, 1989).
The Significant Impact
The positive consequence is very crucial when it comes to separation of power and
privacy. Federalism ensures that people decide what they need to be in the privacy laws.
Individuals get to choose the level of their lives to be available to the government for security
reasons. Delegation of power to the local government assists in managing big countries like the
United States of America. The states are closer to the citizens than the central government which
enhances the problem solving due to the small manageable regions. Leaders get close to the
citizens making it easy to enact and implement policies for solving problems. It promotes
connectivity and loyalty to the government. It also fosters liberty of the people by avoiding
tyranny which occurs when the central government enjoys all the powers (Mayabi, 2015).
It achieves and maintains political stability by allowing the states to govern themselves
according to the way they deem fit. The local governments manage their internal security while
FEDERALISM AND CONSTITUTIONAL DEBATES
5
the federal government focuses on the safety of the entire country. The central government does
not give the state governments with the sole power of implementing privacy laws. It also
oversees the process ensuring that the local governments do not abuse the people’s right to
privacy (Mayabi, 2015).
The fourth and fifth constitutional amendments support the right to privacy. They instruct
following of due process when dealing with privacy rights. The laws state that no citizen should
be denied their legal rights. In the case of Katz vs. the United States, the Supreme Court decided
that the fourth amendment was adhered to since it protects people not places. The statement was
that breach would occur if the search invaded the person’s reasonable private space (McThomas,
2013)
Conclusion
Federalism affects privacy positively and negatively in that it provides separation of
powers and defies privacy respectively. Delegation addresses people needs in the making of the
laws about privacy. They actively participate in the legislation process. They decide on the part
of their lives to be available to the government. Surveillance of the people by the government
raises concerns. The pursuit of maintaining security involves using additional means to obtain
private information. Information is shared among the various agencies exposing it to different
people increasing the chances of leakages.
Federalism is a good idea because people get to participate in matters concerning their
privacy and lives. Currently, there are high levels of privacy concerns in the US due to increased
surveillance. Terrorism activities have increased, and the federal government has to act quickly
to combat the issue. The case of Olmstead vs. the United States depicts how the police used all
FEDERALISM AND CONSTITUTIONAL DEBATES
6
the possibilities to prevent a murder. The question remains whether the people will sacrifice
some of their privacy to enable security.
FEDERALISM AND CONSTITUTIONAL DEBATES
7
References
Flaherty, D. H. (1989). Protecting privacy in surveillance societies (p.306). Chapel Hill:
University of North Carolina Press.
Hail, M. W. (2011). Federalism, Privacy Rights, and Intergovernmental Management of
Surveillance: Legal and Policy Issues. In Video Surveillance. InTech.
Mayabi, C. (2015) Privacy Rights in the United States: Federal vs. State Government; Retrieved
from http://www.grin.com/en/e-book/295899/privacy-rights-in-the-united-states
McThomas, M. (2013). The Dual System of Privacy Rights in the United States (Vol. 1).
Routledge.
Schwartz, P. M. (2015). The value of privacy federalism.
( 2.64 / 3.00) Organization: Introduction, Thesis Statement, and Conclusion
Proficient – The paper is logically organized with an introduction, thesis statement, and conclusion. One
of these requires improvement.
( 2.00 / 2.00) Provides a Topic Sentence That Describes One Positive Impact of Federalism On the
Selected Topic
It is unclear what the actual impact is. You have done a good job of highlighting what federalism is, but
you haven’t identified a specific way in which it has been beneficial to privacy.
( 1.52 / 2.00) Provides a Topic Sentence That Describes One Negative Impact of Federalism On the
Selected Topic
Here again you are extremely vague on an actual impact. You imply that they federalism is responsible,
but it appears that you are examining …
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