Construct an outline.

Final Research Paper Detailed Outline This week’s written assignment is important preparation for the Final Paper. You will construct an outline of your Final Paper that will ensure you have all of the required elements. You are expected to write an outline, not a draft of your final paper. Drafts of your paper will NOT meet the requirements of this assignment. Prepare: Please review the necessary course text chapters, articles, and multimedia. Conduct additional research necessary to complete the assignment. Reflect: The end of the course is rapidly approaching, and now is a great time to begin working on your Final Research Paper. This assignment will give you an opportunity to create a detailed outline of your paper, which will help you to establish a structure for your final paper. Your outline will be reviewed by your instructor and the feedback provided will certainly help you create a better final product. Remember, the main point of your outline is to help you organize your thoughts and research. The outline should serve as the backbone of your paper and should provide the building blocks for your Final Research Paper. Write: Make sure to read over the instructions for the Final Research Paper, which are located in Week Five of your online course or in the Course Components section of this course guide. As explained in those instructions, your paper should have seven major sections. For this assignment, you will need to create an outline in a Word document. Review the Sample Outline (Links to an external site.)Links to an external site. from the Ashford Writing Center (Links to an external site.)Links to an external site.. Your outline must include the following: Title page (Links to an external site.)Links to an external site. in APA formatIntroduction and Thesis Main Point 1: Identify implications for federalism related to the topic. Main Point 2: Identify implications for civil rights related to the topic. Main Point 3: Identify implications for civil liberties related to the topic. Conclusion The paper must be at least three pages in length (not including title and reference pages) and formatted according to APA style. You must use at least three scholarly sources, not counting your textbook, from the Ashford University Library to support your claims.
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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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