The Instigator
Kat2015
Pro (for)
Losing
0 Points
The Contender
Figeon
Con (against)
Winning
13 Points

is the NSA tapping into you phones violating your 4th amendment?

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Post Voting Period
The voting period for this debate has ended.
after 2 votes the winner is...
Figeon
Voting Style: Open Point System: 7 Point
Started: 10/27/2014 Category: Politics
Updated: 2 years ago Status: Post Voting Period
Viewed: 745 times Debate No: 64030
Debate Rounds (5)
Comments (0)
Votes (2)

 

Kat2015

Pro

the 4th amendment is the protection against unreasonable search and seizure. you would need probable cause AND a reasonable suspicion to tap into a phone line.
Figeon

Con

I accept.
Debate Round No. 1
Kat2015

Pro

alright state your argument
Figeon

Con

Just to clarify, the 4th amendment states:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. [http://www.law.cornell.edu...]

Now, the NSA doesn't actually need an ordinary warrant to listen in on phone calls. [http://www.theguardian.com...] Does this mean it is an unreasonable search and seizure? No because the seizure was allowed by the Foreign Intelligence Surveillance Court which functions differently than a typical court. The president appoints judges who hear evidence and authorize wiretapping, search warrants, and other efforts to monitor suspected or known spies and terrorists. Judge Roger Vinson of FISA allowed the NSA to seize the phone records under a provision in the USA Patriot Act. [http://www.wbtv.com...] The Judges had to have a good reason to allow the NSA to tap phones or else they would not have allowed it.

The NSA started the warrant-less searches soon after 9/11. The Patriot Act allowed the president broad powers to fight a war against terrorism. President Bush used these powers to bypass FISA court and allow the NSA to use an electronic surveillance program. [http://en.wikipedia.org...(2001%E2%80%9307)] Clearly the whole purpose of the NSA is to prevent terror acts like 9/11 from happening again. This is plenty of a reason why to tap phones. Perhaps if the NSA started sooner 9/11 could have been prevented as well.
Debate Round No. 2
Figeon

Con

My previous argument still stands.
Debate Round No. 3
Kat2015

Pro

Kat2015 forfeited this round.
Figeon

Con

Vote Con.
Debate Round No. 4
Kat2015

Pro

Kat2015 forfeited this round.
Figeon

Con

Vote Con.
Debate Round No. 5
No comments have been posted on this debate.
2 votes have been placed for this debate. Showing 1 through 2 records.
Vote Placed by lannan13 2 years ago
lannan13
Kat2015FigeonTied
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Total points awarded:06 
Reasons for voting decision: Concession and forfeiture
Vote Placed by Luxray2854 2 years ago
Luxray2854
Kat2015FigeonTied
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Total points awarded:07 
Reasons for voting decision: Forfeit.