Following the 9/11 tragedy, the US government became extremely cautious with respect to any suspected terrorist activities. Several measures were and continue to be taken to protect citizens from the threat of terrorism. Though the measures taken by the government were considerably effective, they also resulted in the violation of several constitutional rights of many US citizens. Let’s look at some examples.
Increased surveillance: In order to control terrorist activities, the US government increased surveillance in various public places, such as airports, courthouses, and malls. This surveillance was effective against tracking illegal activities, but was also a violation of citizens’ privacy. Also, security checks at various public places were made mandatory as a precautionary measure. The searches of citizens’ persons and property were thorough and detailed, and practically violated the Fourth Amendment, which states that a search cannot be carried out in the absence of probable cause.
Racial profiling: Although security checks were for all citizens, certain sections were examined more closely and regarded with general suspicion in post-9/11 security measures. For instance, people of Arabic descent were more thoroughly searched, interrogated, and sometimes detained at airports, only on the basis of their ethnicity. Race and religion were the only reasons for such strict investigations. Such bias directly violated the First Amendment rights, which give citizens the freedom of speech and religion.
Coercive interrogation: Based on race, suspects were interrogated in unreasonable ways. Many citizens went to court or to the press to complain about the unnecessary force that law enforcement authorities used to try to get information from them or try to get them to admit to something with which they were not involved, even when there was no evidence against these so-called suspects. This rigorous interrogation is also a violation of citizens’ Fifth Amendment rights, which protects them from self-incrimination.
Detention and torture: While most people were detained for a few hours or days, there have been cases where people were detained for several months even if there was the slightest hint of suspicion regarding them. Such detainees were not just kept in custody, not allowed to contact their families and friends, and questioned, but also tortured in various unconstitutional ways, such as with waterboarding, which is a technique in which the detainee goes through a simulated drowning experience. These measures were a direct violation of the Fifth Amendment right against self-incrimination and also the Eighth Amendment right, which prohibits cruelty against citizens at the hands of law enforcement authorities.
Habeas corpus refers to the legal tenet that all individuals who are imprisoned need to be brought to court so that they can be judged by the criminal justice system (a jury of their peers), and then declared as innocent or guilty based on the evidence presented. Although habeas corpus is not a part of the Bill of Rights, it is an integral part of the US criminal justice system and the basis on which the Bill of Rights operates. Similar to the civil rights guaranteed to citizens from the Bill of Rights, the tenet of habeas corpus was also violated post 9/11 because many individuals were detained unlawfully for days and even months. These individuals were not given a chance at a fair trial before being detained, which gravely violated their Sixth Amendment right.
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