Running head: FEDERALISM AND CONSTITUTIONAL DEBATES Federalism and Constitutional Debates Curtis Earle POL 303: The American Constitution Instructor: Jeremiah Chancey November 20, 2017 1 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. What is an outline? An outline is meant to help you establish a structure for a paper you are going to write. It is a way for you to demonstrate the main argument (thesis), main points (topic sentences), and main pieces of evidence you are going to present in a paper before actually writing the paper. Additionally, one of the essential purposes of an outline is to clearly convey the connection between the thesis and each of the topic sentences. Outline Structure I. II. III. IV. Introduction A. Thesis: A statement of position and overview of points of argumentation go here. Body Paragraph 1: Topic sentence goes here. A. Supporting evidence: A paraphrase or quote from one of your sources goes here, along with an intext citation (to learn how to properly construct in-text citations, please see the following link: https://awc.ashford.edu/cd-in-text-citation-guide.html). 1. Explanation of the meaning of the supporting evidence. 2. So what? A direct statement on how the supporting evidence does in fact support the claim made in the topic sentence. Body Paragraph 2: Topic sentence goes here. A. Supporting evidence 1. Explanation 2. So what? B. Supporting evidence 1. Explanation 2. So what? Body Paragraph 3: Topic sentence goes here. A. Supporting evidence 1. Explanation 2. So what? 
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