Comparative Legal Approaches to Homeland Security and by James Beckman

By James Beckman

The spectre and worry of one other terrorist assault looms huge for many of the world's citizenry and for the household legislation organizations charged with conserving those voters and nations. This ebook explores how quite a few international locations have handled or are facing place of birth safety within the aftermath of terrorist assaults corresponding to Sept. 11, the underground tube assaults in London in 2005, the Madrid teach bombing in Spain, and compares international ways and classes to the U.S. and the area. This special research appears at native land defense legislations and coverage using a comparative research technique perfect for these drawn to legislations and defense.

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Lyon was prosecuted and convicted of sedition and received a sentence of four months imprisonment. At trial, his lawyer was not even allowed to make a defense on behalf of Congressman Lyon. Quite ironically, while sitting in jail serving his four month sentence, the Vermont citizens re-elected him to Congress by a landslide against his Federalist opponent (Irons, 1999). Several unique attributes of the Sedition Act should be briefly referenced which illustrate the blatant political usage of a law passed under the guise of what today would be called homeland security/anti-terrorism legislation.

Again on the verge of expiration, Congress reauthorized the law on March 7, 2006, thus making it to the President’s desk for signature prior to the March 10th deadline. The bill extending the Patriot Act passed the Senate by a vote of 89-10 and the House of Representatives by a vote of 230-138. Of the sixteen provisions, thirteen of the provisions have been permanently enacted into law—meaning no further action is required by Congress. The three most contentious and controversial provisions in Patriot Act were slightly amended in the hopes of placating critics who claimed the provisions disregarded individual civil liberties.

First, the Act omitted the Vice President from being covered under the Act. This is significant as Thomas Jefferson, the leader of the “opposition” party, also served as Vice President to John Adams. So, under the Act, one could criticize the Vice President with impunity, but not the President. ” This expiration date would conveniently arrive immediately following the next Presidential election between Thomas Jefferson and John Adams, and after the next Presidential inauguration. Thus, under the terms of the act, one could not criticize the current President or his policies or actions until after the next election, but again could criticize the Vice President with impunity.

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