Nation of Laws, All Citizens

¶ … nation of laws, all citizens are always affected by current legal issues in various positive and negative ways so it is important to keep abreast of legal issues that have a personal effect as well as recent changes in the laws that have particular relevance for an individual. Moreover, in their capacity as citizens, Americans are also affected by national and international legal issues in various ways. Finally, Americans are also affected by legal issues that affect their employment. To gain some fresh insights into these areas, this essay examines how I am being affected by current legal issues in my personal and professional capacities, followed by a summary of the research and important findings in the conclusion.

Review and Discussion

Legal Issues that Have a Personal Effect

An enormous array of laws have an immediate effect on individuals, including many that are simply taken for granted such as speed limits and crosswalk lights, but other legal issues also play an important part in how people live their lives, earn a living and receive an education. Therefore, as Waldron points out, "It is important that the government should in all things act in accordance with law. In doing so it upholds the ideal that, when it comes to governance, this is a nation of laws, not men" (2006, p. 15). Some of the current legal issues that have a personal effect include the growing incidence of identify theft where the technology exists to simply read the information on credit cards while they are still in my billfold. According to Deybach (2007), these recent trends in identity theft growth are alarming for a number of reasons. In this regard, Deybach reports American consumers may spend over a year trying to resolve credit card thefts that occur in this fashion, and because some of that time will be spent during work hours, up to a 5% decrease in productivity can be expected as a result of credit card theft. In addition, Deybach emphasizes that, "The Federal Bureau of Investigation calls identity theft an 'increasingly insidious and pervasive problem' that can threaten virtually anyone. More ominously, identity theft costs American businesses and consumers a reported $50 billion a year, causes untold headaches for an estimated 10 million U.S. victims annually, and even makes it easier for terrorists and spies to launch attacks against our nation" (p. 14). In fact, although precise figures are difficult to come by, the Federal Bureau of Investigation estimates that one in ten Americans -- fully 10% -- have been victims of identity theft to date, and these numbers are expected to increase significantly in the years to come.

As the United States continues to prosecute its global war on terrorism, the impact of the U.S.A. PATRIOT Act and other legal trends has been to significantly erode 4th Amendment expectations of privacy that are guaranteed by the Constitution. This diminution of civil rights is taking place through the installation of video surveillance cameras in public areas that are quickly becoming ubiquitous (Julie, 2000). Infrared imaging technologies and so-called "sniffer" technologies are making it possible for law enforcement authorities to conduct searches of suspects and their residences or businesses in ways that have never been possible. Unfortunately, the rapidity of the introduction of these technologies has outpaced the ability of the courts to adjudicate their constitutionality.

Indeed, Best (2007) maintains that, "The PATRIOT Act violates numerous constitutional rights, such as the First Amendment right to free speech and freedom of assembly, the Fourth Amendment right to be secure from unreasonable search and seizures, and the Fifth and Sixth Amendment rights to basic protections during criminal proceedings" (p. 2). According to Abdolian and Takooshian (2003) although ostensibly intended to enhance national security, the U.S.A. PATRIOT Act has in fact concentrated increased new powers in the executive branch while concomitantly diminishing the judicial oversight of the federal government.

Some salient examples of these initiatives that have been especially salient with respect to civil liberties include the following:

1. Creation of a New Crime: Section 802 of the Act creates a new federal crime of "domestic terrorism," which includes any dangerous acts that "appear to be intended ... To influence the policy of a government by intimidation or coercion." Broadly applied, this could be used to silence any political dissent critical of government policies.

2. Diminished Due Process for Immigrants: Section 411 of the Act expands the term "engage in terrorist activity" to include any use of a weapon, as well as such nonviolent acts as fund-raising for suspect organizations. Moreover, it allows for the detention or removal of non-citizens with little or no judicial review. The U.S. Attorney General and Secretary of State can claim a domestic group to be a terrorist organization, and deport any non-citizen members.

3. Diminished Privacy: The Act severely curtails the right to privacy at several turns, including broadening the grounds for increased surveillance and wiretap authority, sneak-and-peek searches, tracking Internet usage, and accessing private records.

4. Lowering Standards of Probable Cause: Section 215 of the Act reduces the traditional Fourth Amendment requirements for probable cause, as previously interpreted by the Foreign Intelligence Surveillance Act of 1978 ("FISA").

5. Sharing of Intelligence: Section 203 of the Act now permits unprecedented sharing of sensitive information across several independent agencies, including the FBI, CIA, INS, and other state and federal agencies (Abdolian & Takooshian, 2003, p. 1430).

In reality, although I have not felt these constraints in any meaningful way personally, this erosion of civil liberties is disturbing because these Bill of Rights protections are fundamental aspects of the American way and when they are watered down in the name of the global war on terrorism, the terrorists appear to have accomplished, at least in part, what they have set out to do. As Best phrases it, "The war on terror has turned into a war on democracy" (2008, p. 2).

Although the argument can be made that the Constitution is a living document that must be sufficiently flexible to respond to changes in the current sociopolitical environment, these knee-jerk reactions to the terrorist attacks of September 11, 2001 have side-stepped the Constitution in favor of a patriotism-fueled approach that brooks no dissent to these initiatives lest one be termed "unpatriotic." On a positive note, though, the United States has experienced such waxing and waning trends in civil liberties in the past, most notably during the Civil War and following the Japanese attack on Pearl Harbor and has managed to emerge from these trials even stronger than before.

Finally, although the current federal healthcare reform initiative will not have personal effect because of my insurance coverage through the State of New Jersey civil service, it has the potential to adversely affect my personal state and federal taxes in the future. There are also signs that Congress will raise the retirement age for Social Security in the years to come, meaning that my retirement plans must be based in large part on an employer-provided pension. For instance, Weller (2008) advises that, "It is likely that substantial changes to social security will be proposed in the near future. Some of these changes include proposals for partial privatization. To cover the shortfall in social security revenues that would result from partial privatization, the normal retirement age may be increased" (p. 75). Even though retirement age is far off, these legal issues will likely play havoc with any attempts to formulate retirement plans in the coming years simply because of the numerous unknowns that are involved. For example, it remains unclear whether the government raise the retirement age, and if so, by how many years and when. Despite all recent efforts to keep Social Security off the bargaining table as the government seeks to resolve its current debt limit crisis, Kuttner (2011) emphasizes that, "The president can't quite bring himself to draw a line in the sand and declare that Democrats will never allow cuts to Social Security benefits" (2011, p. 3).

Legal Issues that Have an Effect on Professional Endeavors

Some of the current issues that have significant potential legal implications in the United States include the adverse effect of Standard & Poor's anticipated downgrading of the country's credit rating, meaning that companies will have less money to spend on human resource issues and governments will have less money to provide needed human services. Some analysts predict that even if a solution is found in the next few days, the damage to the country's credit rating has already been done and it will cost far more for the United States to borrow money in the future. This means that in the future, dwindling state budgets will have an immediate effect on their civil services as well. Even as the nation slowly recovers from the Great Recession of 2008, the progress to date has been painfully slow and has cost far more than even the most skeptical critics might have believed. In this regard, Kuttner (2011) emphasizes that, "The economic drag is compounded by a still wounded banking sector and by housing prices that are still falling in 18 of the 20 top metro areas. So the economy is stuck in an equilibrium well below its production and employment potential, even as gross domestic product resumes modest growth" (p. 3).

As a public sector employee for the State of New Jersey Division of Criminal Justice, this means that some important ongoing initiatives such as gang awareness and enforcement may be cut back in the future. In my capacity as team leader with 4 years' tenure and 13 years' total employment for the State of New Jersey, I have a vested interest in the outcomes of these initiatives as well as the fate of the state's civil service cadre. In addition, I also work part time as a certified emergency medical technician, meaning I must remain cognizant of applicable licensure laws for the profession and how far my authority extends as a first responder. There is also the issue of substantial student loans that remain in limbo while I complete my education, and these obligations will have a significant impact on my ability to contribute to my retirement plans.