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Constitutional Issues and the Scope and Character of U.S. Government

In the Final Research Paper, you will use your critical thinking skills to analyze and evaluate a current events topic that has constitutional and political implications.

Select one topic from the following list of three constitutional issues. The topic you select should also be used as the topic for your Week Two and Three written assignments:

Privacy rights

The thesis of the paper will be a statement identifying how the concepts of federalism, civil liberties, and civil rights are implicated in and affected by this topic.

Utilize the feedback from your Week Two and Three Assignments to create a more thorough outline to form your Final Research Paper. The paper must include five main sections:

Introductory paragraph that provides a brief background regarding the topic and introduces the main thesis.

In-depth discussion of the implications for federalism related to the topic.

Explain how and why federalism has a positive and negative impact on the selected topic.

Provide one real-world positive example.

Provide one real-world negative example.

Utilize the Constitution, established case law, and scholarly sources to support your explanation.

In-depth discussion of the implications for civil rights related to the topic.

Explain how and why civil rights are positively and negatively affected by the selected topic.

Provide one real-world positive example.

Provide one real-world negative example.

Utilize the Constitution, established case law, and scholarly sources to support your explanation.

In-depth discussion of the implications for civil liberties related to the topic.

Explain how and why civil liberties are positively and negatively affected by the selected topic.

Provide one real-world positive example.

Provide one real-world negative example.

Utilize the Constitution, established case law, and scholarly sources to support your explanation.

Concluding paragraph that summarizes the main findings and restates the thesis.

The paper must be at least 11 pages in length (excluding title and reference pages) and formatted according to APA style. You must use at least six scholarly resources (at least five of which can be found in the Ashford University Library) other than the textbook to support your claims. Cite your sources within the text of your paper and on the reference page. For information regarding APA, including samples and tutorials, visit the Ashford Writing Center.

The Final Research Paper:

Must be at least 11 double-spaced pages in length (excluding title and reference pages), and formatted according to APA style as outlined in the Ashford Writing Center.

Must include a title page with the following:

Title of paper

Student’s name

Course name and number

Instructor’s name

Date submitted

Must begin with an introductory paragraph that has a succinct thesis statement.

Must address the topic of the paper with critical thought.

Must end with a conclusion that reaffirms your thesis.

Must use at least six scholarly resources, including a minimum of five from the Ashford University Library.

Must document all sources in APA style, as outlined in the Ashford Writing Center (Links to an external site.)Links to an external site..

Must include a separate reference page, formatted according to APA style as outlined in the Ashford Writing Center.

Unformatted Attachment Preview

Constitutional Issues and the Scope and Character of U.S. Government In the Final Research Paper, you will use your critical thinking skills to analyze and evaluate a current events topic that has constitutional and political implications. Select one topic from the following list of three constitutional issues. The topic you select should also be used as the topic for your Week Two and Three written assignments: Privacy rights The thesis of the paper will be a statement identifying how the concepts of federalism, civil liberties, and civil rights are implicated in and affected by this topic. Utilize the feedback from your Week Two and Three Assignments to create a more thorough outline to form your Final Research Paper. The paper must include five main sections: Introductory paragraph that provides a brief background regarding the topic and introduces the main thesis. In-depth discussion of the implications for federalism related to the topic. Explain how and why federalism has a positive and negative impact on the selected topic. Provide one real-world positive example. Provide one real-world negative example. Utilize the Constitution, established case law, and scholarly sources to support your explanation. In-depth discussion of the implications for civil rights related to the topic. Explain how and why civil rights are positively and negatively affected by the selected topic. Provide one real-world positive example. Provide one real-world negative example. Utilize the Constitution, established case law, and scholarly sources to support your explanation. In-depth discussion of the implications for civil liberties related to the topic. Explain how and why civil liberties are positively and negatively affected by the selected topic. Provide one real-world positive example. Provide one real-world negative example. Utilize the Constitution, established case law, and scholarly sources to support your explanation. Concluding paragraph that summarizes the main findings and restates the thesis. The paper must be at least 11 pages in length (excluding title and reference pages) and formatted according to APA style. You must use at least six scholarly resources (at least five of which can be found in the Ashford University Library) other than the textbook to support your claims. Cite your sources within the text of your paper and on the reference page. For information regarding APA, including samples and tutorials, visit the Ashford Writing Center. The Final Research Paper: Must be at least 11 double-spaced pages in length (excluding title and reference pages), and formatted according to APA style as outlined in the Ashford Writing Center. Must include a title page with the following: Title of paper Student’s name Course name and number Instructor’s name Date submitted Must begin with an introductory paragraph that has a succinct thesis statement. Must address the topic of the paper with critical thought. Must end with a conclusion that reaffirms your thesis. Must use at least six scholarly resources, including a minimum of five from the Ashford University Library. Must document all sources in APA style, as outlined in the Ashford Writing Center (Links to an external site.)Links to an external site.. Must include a separate reference page, formatted according to APA style as outlined in the Ashford Writing Center. Running head: FEDERALISM AND CONSTITUTIONAL DEBATES Federalism and Constitutional Debates Curtis Earle POL 303: The American Constitution Instructor: Jeremiah Chancey November 22, 2017 [no notes on this page] -1- 1 FEDERALISM AND CONSTITUTIONAL DEBATES 2 Introduction In the United States, power is shared between the central and state governments. Both the federal government and the state governments play different roles that are defined by the constitution of the United States. Historically, federalists have always been in favor of forming a stable national government while anti-federalists have still supported the formation of steady state and local governments. The concept of federalism has elicited several constitutional debates on matters of civil rights. The Constitutional Convention without a doubt expands the forces of the government as they existed under miserably inadequate Articles of Confederation. However, there was an impressive difference among the agents with respect to how broad the powers of the government ought to be. The record delivered in Philadelphia in September of 1787 mirrors various bargains on the subject of the privileges of states and the forces of the new government. There have been arguments that some activities of the national government infringe the right to privacy as the power is sometimes breached in when the government lays out measures to boost security. The issue of federalism has always been a bone of contention; while others support it, some are of a varied opinion that federalism negatively affects civil rights and liberties. Federalism and Constitutional Debates The topic of how power ought to be divided between the government and the states is truly what American legislative issues have been about for well more than two centuries. It is an inquiry discussed by representatives to the Constitutional Convention in Philadelphia in 1787, bantered by Federalists and Anti-Federalists amid the confirmation time frame, and wrangled between and inside our political parties from that point onward. Decisions have been won and [no notes on this page] -2- FEDERALISM AND CONSTITUTIONAL DEBATES 3 lost on this inquiry, and a Civil War battled about it. Federalism has both positive and negative implications for public rights. Some actions carried out by the federal government infringe this power while some are necessary and they have a positive influence on confidentiality and other rights. People are given platforms by the federal government where they get to air their views regarding civil rights like privacy (Hail, 2011). The surveillance technologies adopted by the governments are anchored on civil liberties, and privacy is respected as this technology is incorporated in security measures. State governments are granted their privacy as the federal government is prohibited from interfering with state matters. On the other hand, federalism may have a negative impact on privacy rights. Hail (2011) asserts that the federal state may interfere with some of the activities vested in the state governments. This is because some federal agencies can spy on some private contents in efforts to curb criminal activities. Transactions carried by the states can also be spied on by the federal government thus infringing the right to state privacy. Federalism has its pros and cons and some advantages outweigh the negativities thus the idea is good as it supports national integration and security. Civil Rights and Federalism The federal government is tasked with the role of protecting and promoting public rights. The federal courts and government institutions are the key players in civil rights enforcement (Emerson, 2014). The federal judiciary has been and is still playing an active role in interpreting the civil rights laws and it is the avenue where people seek justice relating to violation of civil rights. The state governments have passed laws overtime on the protection of civil rights, and in most cases, these rules have widened the scope of these rights as some elements that are not [no notes on this page] -3- FEDERALISM AND CONSTITUTIONAL DEBATES 4 covered by the federal laws are incorporated by states. In the recent years, protection of civil rights by central organs has weakened as the federal courts have become discriminative and victims are often not given a fair hearing. Protection of civil rights by the national law enforcement mechanisms has weakened giving room for states to make laws that extensively cover these requirements. A scrutiny on the court cases established by the federal courts gives a clear indication that some victims are discriminated, and unfair judgments are passed. Civil rights should be protected without any form of discrimination. Therefore; federal government institutions should embrace some of the positive laws enacted by the state governments so that the civil rights are protected. Federalism and Civil Liberties There are arguments that federalism supports civil liberties. Separation of power to different states gives them the sense of freedom to independently carry out their activities without being interfered with by the national government (Valauri, 2015). Federal power is limited, and the states have the liberty to make their decisions without undue influence being exerted on them by the national government institutions. The concept of freedom being promoted by federalism is quite complicated as the government may encourage or limit liberty. A review of the decisions made by the Supreme Court about this matter shows that individual freedoms are sometimes limited rather than promoted. The complexity of this matter on federalism and liberty makes it difficult for one to understand the relationship between the two concepts (Valauri, 2015). Since the Supreme Court actively promotes civil rights other than liberties, it is difficult to determine the correlation between freedom and federalism. [no notes on this page] -4- FEDERALISM AND CONSTITUTIONAL DEBATES 5 Conclusion Federalism has both positive and negative influences on various aspects of our lives. Civil rights and liberties are sometimes affected positively or negatively by the federal government. By analyzing the impacts of federalism, one realizes that some advantages outweigh negativities and therefore the concept of federalism should be critically examined to bring the best out of it. [no notes on this page] -5- FEDERALISM AND CONSTITUTIONAL DEBATES 6 References Emerson, B. (2014). Equality and Federalism in U.S. – American Civil Rights Law: A Review of Two Recent Supreme Court Cases on same-sex Marriage and Voting Rights. 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. Valauri, J, T. (2015). Federalism, Mandates and Individual Liberty. SSRN Electronic Journal [no notes on this page] -6- 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. ( 2.64 / 3.00) Organization: Introduction, Thesis Statement, and Conclusion Proficient - The paper is logically organized with an introduction, thesis statement, and conclusion. One of these requires improvement. ( 2.00 / 2.00) Provides a Topic Sentence That Describes One Positive Impact of Federalism On the Selected Topic It is unclear what the actual impact is. You have done a good job of highlighting what federalism is, but you haven't identified a specific way in which it has been beneficial to privacy. ( 1.52 / 2.00) Provides a Topic Sentence That Describes One Negative Impact of Federalism On the Selected Topic Here again you are extremely vague on an actual impact. You imply that they federalism is responsible, but it appears that you are examining each level of government separately. ( 2.00 / 2.00) Provides a Topic Sentence That Describes One Positive Impact On the Civil Rights Associated With the Selected Topic You mentioned civil rights several times, but again you were vague. You must be more specific in identifying impacts. ( 0.00 / 2.00) Provides a Topic Sentence That Describes One Negative Impact On the Civil Rights Associated With the Selected Topic Non-Performance - A topic sentence that describes one negative impact on the civil rights associated with the selected topic is either nonexistent or lacks the components described in the assignment instructions. You made a policy recommendation rather than identifying an impact that privacy has had upon civil rights. ( 1.28 / 2.00) Provides a Topic Sentence That Describes One Positive Impact Impact On the Civil Liberties Associated with the Selected Topic At present you appear to be examining the rights in general. This section should provide an in-depth discussion of the implications for how your topic has impacted OTHER civil liberties. Civil Liberties refers to the rights that the government cannot prohibit either through legislative or judicial action as they are specifically granted through the Bill of Rights. ( 0.00 / 2.00) Provides a Topic Sentence That Describes One Negative Impact On the Civil Liberties Associated with the Selected Topic Non-Performance - A topic sentence that describes one negative impact on the civil liberties associated with the selected topic is either nonexistent or lacks the components described in the assignment instructions. ( 0.57 / 0.75) Written Communication: Content Development Basic - Uses appropriate and pertinent content but does not apply it toward discovering or developing ideas. Overall, content assists in shaping the written work. ( 0.48 / 0.75) Critical Thinking: Evidence Below Expectations - Presents information from external sources, but such information may lack credibility and/or relevance. Neglects to apply such information toward the analysis of the topic. ( 0.37 / 0.37) Written Communication: APA Formatting Distinguished - Accurately uses APA formatting consistently throughout the paper, title page, and reference page. ( 0.37 / 0.37) Written Communication: Control of Syntax and Mechanics Distinguished - Displays meticulous comprehension and organization of syntax and mechanics, such as spelling and grammar. Written work contains no errors and is very easy to understand. ( 0.39 / 0.39) Written Communication: Page Requirement Distinguished - The length of the paper is equivalent to the required number of correctly formatted pages. ( 0.37 / 0.37) Written Communication: Resource Requirement Distinguished - Uses more than the required number of scholarly sources, providing compelling evidence to support ideas. All sources on the reference page are used and cited correctly within the body of the
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Hey buddy find attached the paper and in case you require any further clarification feel free to get back.

Running Head: PRIVACY RIGHTS

1

Privacy Rights
Student’s name
Course
Institution

Running Head: PRIVACY RIGHTS

2
Privacy Rights

Over the years, humans have yearned for their rights, human rights; right to privacy. The
majority seeks a world where their privacy rights are not violated as in, the constitution
advocates for them of which most countries have it settled. In the United States of America,
every citizen is entitled to the right to privacy such that an investigation cannot go anywhere
further in an individual’s consent. Such power has been debated alongside others, but it seems to
raise awful ideas concerning the mode of expression the society sees into it and generally how
the states conduct themselves towards the same issue. Most of the individuals find a way to
disrespect the government by breaking the laws as their privacy concerns are catered for. For
example, the privacy rights are facilitated by three main parts in the history of U.S including the
federalism, the rights to liberty as well civil rights and which have had a significant impact on
the proper development to the U.S government in general either positively or negatively. Such
freedom that is linked to their privacy rights gives the residents a reason to rebel against the
government in as much as they are designed to help the state administer successfully. Therefore,
this paper will analyze genuinely how such freedom has had the impact to the U.S government as
well as the outside world regarding both positive and negative implications and the consequences
after that.
Federalism is one of the critical, innovative ideas that have significantly affected human
rights both positively and negatively as well as raising a lot of concern to the American citizens.
Federalism itself entails the separation of power by the national government to that of the state
governments. The hot debate is usually over the rights to privacy as to what extent such
federalism has impacted the issue. The sharing of power has made it easier for the residents to
make the laws for themselves that best suits them as long as they don’t interfere with others’

Running Head: PRIVACY RIGHTS

3

privacy. For instance, a single state enacts laws that protect them from the exploitation either
politically and security wise. When such happens, every other state makes laws based on the
ideas and thoughts of its citizens which in most favor them. Likewise, the federal government
protects the individual's rights to privacy by regulating how the states legislates their laws so as
not to interfere with its citizens as a result of privilege. Kochenov (2017) suggests that the for all
member states, the investigatory powers emphasize on the relevance of rights to privacy and that
determines to what extent should the individual be investigated.

Therefore, dealing with

federalism, the restriction works primarily to favor the individuals, and thus their rights are
guarded by the American constitution.
Consequently, federalism significantly affected the operations of most governments
worldwide. The citizens mostly rely on the rules as they feel protected by the laws that they
made on their own. In so doing they tend to be so arrogant to what the state policies are and
therefore engage in various activities that can be at times a risk and harmful to others. For
example, a majority of the federal governments are in trouble regarding security due to over
protecting their citizens such that they cannot be able to manage conflicts as well as curb
environmental disasters. Additionally, the sharing of power deprives the central government its
mandate to deal with some problems accordingly which might arise concerns in future since
significant decisions are left to be done by the state government making the central leadership be
only a custodian of the ultimate laws. For instance, the right to resist private search may
encourage...


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