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Thursday, January 31, 2019

Never Ending War is Never Ending Power :: Patriot Act, The Bush Administration

The administrator branch and president Bush had expand their authority and great power beyond what the framers could have envisioned. In doing so the checks and balances that had existed no longer function as designed and has created a loop of power and control in the executive branch downstairs the theory of the unitary executive.Many of the powers that the executive branch wield come from Congress tolerant the Bush administration extraordinary powers following 9/11 with the nationalist Act. The Patriot Act that takes away the protection of habeas corpus, due process, privacy, reversal of devoid until proven guilty (p. 272, 274). It also grants the use of sneak and peak searches allowing for looking for first and getting a warrant later which violates the 1st and fourth amendment (p. 271). National security letters requiring providing information for records and then not allowing that mortal to tell anyone scarcely a lawyer (p. 271). All of these powers were given un der the idea of war powers, typically war time is a restrain amount of time that accept more extreme security measures, but with the prospect raised by the Bush administration of a new(a) era of never ending conflict means these powers might not end.Another tipping of the scales towards the executive branch and president is the use of sign statements. The signing statements allow legislation passed by congress to be applied how the executive branch sees fit which directly contradicts the legislative role is creating laws (Aba Blue-ribbon task, 2006). In the passage of the Detainee Treatment Act of 2005 the administration tried to prevent federal district courts from hearing challenges by Guantanamo detainees (p. 156). While seemingly allowing for the outlaw of mistreatment, it also prevented filing by detainees against the government for acts of mistreatment, making it unenforceable (p. 157).The allegations of deformation against terrorist suspects violates not and the Gen eva Convention but also military man rights. Torture is not an effect method to gain information it only works to get those tortured to do admit to anything to make the annoying stop (Gibney, 2007) .Some powers the administration took for themselves including NSA wiretaps which are not always use against terrorists (p. 112, Farren & Gibb, 2007) . The Bush administration bypassed the FISA court which could be considered weak oversight enacted by congress and operates in secret. The FISA court was specifically setup for the purposes of warrants in exactly the types of cases that were bypassed.

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