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The Constitution in American Life - 2022 Nationals U5Q1: The Intel Community and the 4th Amendment Analytics Table
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Presenting a round table discussion for all teachers and students of government and civics. Sources are linked to provide audience opportunity for deeper study. This episode features special guest Robert Leming, WTP National Director. National Finals Unit V, Question 1 The Intelligence Community, NSA and the Fourth Amendment Question: To what extent, if any, has the U.S. Intelligence Community been effective in balancing national security and personal liberty? **The NSA, created under President Harry Truman’s administration, was so secret that it was referred to as “No Such Agency.” What restrictions, if any, does the Fourth Amendment place on the NSA? **Under what circumstances, if any, should the NSA surveil Americans? Key Topics 0:00 Intro 6:30 Could you briefly describe what you think students should focus on and should be able to do with these questions? 14:30 Is the security of the nation and the protection of individual freedom mutually exclusive? 15:55 How did, if in any way, the Framers deal with this notion of government secrecy? 19:50 How do you define “national security?” We are wondering, can we even fairly assess this question given that so much information, going back decades, if classified? 28:10 Is secrecy in government pretty much consistent around the democratic world and does this secrecy undermine the very principles of “liberal democracy?” 33:56 To what extent is there, and should there, be a difference in how local and state officials treat the Fourth Amendment versus that of the NSA? 42:20 Is there a check on the FISA courts? Should there be limits on corporate surveillance/info gathering of data and personal information? 48:53 Are there really ANY legitimate limits on the “surveillance state?” 56:24 To what degree, if any, does the “national security state” upset or disrupt our system of separation of powers and checks and balances? 1:01:07 After all of this “national security” secrecy and surveillance, do you think we are safer today say than we were five decades ago? References and Resources NSA Website https://www.nsa.gov/ ACLU and National Security https://www.aclu.org/issues/national-security The Culpepper Ring https://www.history.com/topics/american-revolution/culper-spy-ring https://www.intel.gov/evolution-of-espionage/revolutionary-war/culper-spy-ring Committees of Safety-NY https://emergingrevolutionarywar.org/2019/05/20/committees-of-safety-and-the-revolutionary-war-kings-district-new-york/ Committee of Safety-PA https://www.committee.org/PCOS23Pennsylvania.htm https://blog.oieahc.wm.edu/committee-correspondence-war-home/ Pew Research on Liberty and Security https://www.pewresearch.org/fact-tank/2013/06/07/balancing-act-national-security-and-civil-liberties-in-post-911-era/ Brennan Center: Liberty and Security https://www.brennancenter.org/issues/protect-liberty-security Unveiling the Surveillance State: CATO Institute https://www.cato.org/policy-report/september/october-2013/unveiling-surveillance-state NY Times Review of Netflix Program “The Social Dilemma.” https://www.nytimes.com/2020/09/09/movies/the-social-dilemma-review.html Clapper v. Amnesty International https://www.oyez.org/cases/2012/11-1025 James Otis and the Fourth Amendment https://scholars.unh.edu/cgi/viewcontent.cgi?article=1004&context=comm_facpub The Church Committee Hearings https://constitutioncenter.org/blog/looking-back-at-the-church-committee Citizenfour (documentary about Snowden): https://www.youtube.com/watch?v=NRzDsxUOm4M United States of Secrets - Part 1 - Frontline: https://www.youtube.com/watch?v=kaUemcqIQ-k United States of Secrets - Part 2 - Frontline: https://www.youtube.com/watch?v=rs2iN0oVdt4
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