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Fourth and Fifth Amendments Concepts And The Use Digitally Acquired Information in Both Business Ethics and Criminal Cases

Discussion Prompt

Discuss the basic concepts behind the Fourth and Fifth Amendments and what relevance you believe they have to the use of digitally acquired information in both business ethics and criminal cases.Ethically, how much of such acquired information should be employed against the individual

Sample Paper On Fourth and Fifth Amendments Concepts And The Use Digitally Acquired Information in Both Business Ethics and Criminal Cases

Fourth and Fifth Amendments

The Fourth Amendment protects the US citizens from unreasonable property seizures and searches by the government. It safeguards against random arrests, and it is the foundation of the law regarding wiretaps, search warrants, safety inspections, and stop-and-frisk among other surveillance. The concept behind this Amendment is to ensure that people are not harassed by the government officials unnecessarily and that their privacy is respected. The amendment was made to increase individual comfort at their homes and to eliminate the fear of government interference in people’s life. This concept canbe applied in digital technology where citizens should be protected from unlawful access of their digital information by the government. This includes collection of data from their computers and storing the data for further analysis.It should also be used to protect citizens from digital surveillance. This privacy of personal information stored in digital devices should also be upheld by the fourth Amendment (Harper, n.d.).

Fifth Amendment protects people from self-incrimination. Thus, accused are not required to respond to capital crime unless on an indictment or presentment of a grand jury. This Amendment protects people from testifying against themselves or from making personal confession on committing the crime. In digital era, this Amendment can be used to protect citizens from providing digital data or key identification details to permit access of incriminating data that include passwords, decryption keys and the likes (Prescott, 2014).

Ethically digital information found on public digital platforms where anyone can access them can be acquired and be employed against a person. Also information sent from the person device to another person can be acquired if the receiver of the message is willing to cooperate. However, it would be against fourth amendment to seizure individual digital devices to extract information, especially without a warrant. It would also be unethical to anticipate to get key login or access keys to be able to access data from the accused devices and to use it against the accused in the court of law.

 

Historic Events Leading to 14th Amendment, Supreme Court Interpretation And Relevant Cases

Historical Event Resulting to 14th Amendment Adoption

This paper will be based on 14th amendment. The 14th amendment talks of various facets of citizenship and citizens’ rights. According to first section of the 14th amendment, all individuals naturalized or born in the United States and subject to the US jurisdiction are United States citizens and citizens of the state they live in. No state according to this amendment enforce or make any law that shall abridge the immunities or privileges of the US citizens, nor shall any person be deprived of property, liberty, or life by any state without due law process, nor deny any individual within its authority the equivalent protection of laws. This amendment was ratified on 28th of July in 1868, denoting the change in attitudes that hit majority of American following the chaotic Civil War. Thus, the amendment followed the US civil war. It acted as the American initial trial to legally challenge supremacist ideas of white by developing multiracial society that was truly equal (Bartley 473). The civil war intensely altered the power and role of the government of the United States. In the years of war; 1861-1865, the federal government role expanded as the administration of Lincoln tried to handle due issues of eradicating slavery and uphold the union. The constitution attitudes changed from the limited traditional interpretation to extensive interpretation. Federal authority expansion by Lincoln pushed normal citizens to agree with federal power change. This acceptance can clearly be demonstrated by ratification of 13th and 15th amendments, which intensely altered realities of racial in the US by assigning the federal government the role of civil liberties defender, resulting to the definition of the 14th amendment (Bartley 474).

Supreme Court Interpretation of the 14th Amendment since its Adoption

The Supreme Court has highly contributed to the adaptation of the 14th Amendment, especially the first section of this amendment. The Supreme Court made the first landmark ruling to support this amendment in 1954 in a case that challenged segregation of students on racial basis. The Supreme Court since used this amendment taken to eliminate racial discrimination especially on the application of the laws of law and to enhance provision of equal treatment to all in public sector, to an extent of nullifying state based acts promoting discrimination. While the application of the first section of this amendment. However, the same cannot be said about the second section of this amendment. The amendment in the second section which states as described above has been highly unfulfilled. According to (1144), through the interpretation of the judicially, the court has reduced the immunities or privileges clause nullity. The clause of due process has frequently failed to offer procedural safeguard over government arbitrary action. The clause was at first limited since the court held that due process was needed when only a right, instead of a privilege was denied. The due process procedural scope more recently has been highly diminished by the positivism embracement. Based on this perception, persons have property and liberty interest only if the government awards them with it and are only entitled to the due process which the governments considers to offer.  The utilization of the clause of due process to safeguard substantive rights seems limited forever since it has been tarred with Lochner era negative implications. The clause of equal protection was almost fully unused for the initial four score the history of amendment (Chemerinsky 1144).

Court Case Relevant to the 14th Amendment

Although slavery abolishment did not solve the race problem in America, the civil war altered the American racial laws, though it did not alter their racial attitude. However the decision of Warren Court in Brown v. Board of Education which the courts eventually instituted the principles of Fourteenth Amendment and tried to develop racial equality legally, and color blindness when conducting social policy and dispensing justice. The case regarded children segregation in public schools (Bartley 474). This case became a landmark case in 1954 when the Supreme Court anonymously ruled that public schools children segregation based on their racial was against the constitution. This marked the end of “equal but separate” precedent created about 60 years earlier by Supreme Court in Plessy v. Ferguson case that served as a promoter of the extension of civil right movement in 1950s. Another case that supported the 14th amendment was the Loving v. Virginia case in 1967. The case regarded the proceeding on debate to vacate rulings for going against interracial marriages ban. The Caroline County Circuit Court, Virginia, repudiated the debate, and it granted writ of error. The Supreme Court of Appeal in Virginia asserted the convictions, and suitable jurisdiction was identified. The Chief Justice Warren of the Supreme Court of the US however held that miscegenation status implemented by Virginia to stop marriages between individuals primarily on the racial classification basis was against the clauses of due process and equal protection of the 14th Amendment (Law Guides 1).

Bill of Rights, Fourth Amendment Is the Most Significant – A Personal Analysis

The selected bill of right is based on the Fourth Amendment. The fourth amendment states that the people’s right to be secure in their effect, persons, papers, and houses, against unreasonable seizures and searches, shall not be desecrated and no permits shall issue, nevertheless upon  possible cause, reinforced by affirmation or oath, and specifically describing  the things or person to be seized and place to be searched (Kim, 2017). This is one of the most important bills of right since it protects citizens from the misused police power of search and arrest. This bill protect people going about their own business from unnecessary stop and search which can be disruptive and a waste of time especially to the innocent people exposed to police wrath. The amendment ensures that people have rights to live their life without fear and being anxious that police may come at any time and turn their houses and personal properties upside down without any concrete reason.

The amendment protects the public from unnecessary intrusion of their life by the government (Kim, 2017). Before this amendment, the government enjoyed the freedom of stopping, interrogating, or searching anyone they chose too even without any specific reason of doing so. Public harassment by the government officials was the order of the day, and the citizen did not have any power to resist. The amendment has changed this, demanding a court warrant for any officer to search, or seize a person of his or her properties. For the warrant to be provided, there are particular criteria that it must satisfy to safeguard both the citizen and the law administration officers. This bill of right is considerably important since it safeguards the privacy of citizens. It also assists in upholding the concept of innocent until proven otherwise in the execution of law.

Primary Constitutional Amendments That Comprise Prisoner Complaints; 1st, 4th, 8th, and 14th – Cases

Assignment Instructions

  • Write an essay of 750-1,000 words that details four court cases, one case for each of the four primary Constitutional Amendments that comprise most prisoner complaints; 1st, 4th, 8th, and 14th.

Sample Solution – Legal Considerations in Confinement

First Amendment

The first constitution amendment assures freedoms regarding assembly, expression, religion, and the right to petition. It also protects citizen’s freedom of expression. This right is not only granted to free citizens but also to those in prison. There have been a number of cases involving prisoners’ complaints with regard to the violation of their first amendment right. Brown v Peyton is one of these cases. The case involved Brown a Black Muslim prisoner who claimed that his religious rights were being violated by Peyton, a prison officer, and it was against his rights as per the first amendment. The fourth circuit acknowledged the courts necessity to review the prison administrators’ decisions to insure the inmates’ constitutional rights are protected (Fox, 1972). According to the court, prison officer are not judges and thus, they do not have the ability to interpret the constitutions. However, the court acknowledged that prison officials contain the duty to safeguard the inmates, prison employees, and the public at large. Thus prison authorities might legitimately limit freedoms in an effort to further prisoner rehabilitation interest. Restrictions can be made also as a punishment to prisoners or to deter crime, especially by limiting rights to communicate to the outside world. Nevertheless, according to the court in Brown v. Peyton case, this does not eliminate the state necessity to prove that prisoners’ right exists in a certain set of circumstances (Haney, 1973).

Fourth Amendment

The fourth Amendment protects the citizens from irrational property searches and confiscations by the government. There have been a number of situations in prison where prisoners’ fourth Amendment rights have been violated especially in women prisons where women prisoners have been subjected to bod search by male wardens. Jordan v. Gardner is a case that involved for women prisoner complainants against four defendants who were male prison officials. The female prisoners in this case complained of being clothed body searches by male officers. The male officers were said to search the female prisoners thoroughly by running their hands over their clothed body from the neck downwards up to the legs. The search was as per the correction center policies and is regarded as cross-gender search.  The search was found by the court to be in appropriate and against the prisoners’ rights. According to the court the act was in the violation of the inmates Forth Amendment rights (Weiser, n.d.).

Eighth Amendment

The Eighth Amendment protects the US citizens against excessive bail, excessive fines, and infliction to unusual or cruel punishment. There have been various cases where prisoners complain for the violation of their Eighth Amendment rights. Hutto v. Finney is one of such cases. In this case Arkansas inmates sued the prison fraternity for the jail conditions which subjected them to unusual situation that according to them violated their Eighth Amendments (Hall, 1993). The inmate described the conditions as lack of beds, severe overcrowding, a systematic employment of punitive isolation that lasted for unknown time period, insufficient number of prison guards, extremely vandalized cells, and a diet of below 1000 calories a day. Punitive isolation entailed the crowing of eleven or ten prisoners in 8’ x 10’ windowless cell which only contained a water source and toilet which could not be flushed from inside. In addition, there was spread of diseases which were propagated by random removal and return of mattress every day.  The district court regarded the conditions in prison as an evil and dark world which was completely strange to free world. Thus the court considered the conditions to be in violation of the prisoners Eighth Amendment (Hall, 1993).

Fourteenth Amendment

The Fourteenth Amendment protects the citizens of the US from formation of any law that abridge their immunities and privileges. The amendment also protects the US citizens from deprivation of their personal property, liberty or life with no due process of law, or equal laws protection in the country’s jurisdiction. One of the cases that addressed prisoners’ right based on 14th amendment isVitek v. Jones case (Knochel, 1980). In this case Vitek, a prisoner complained of being transferred from the prison to a mental hospital without any prior notice or communication.  According to the complainant the transfer was which did not give him opportunity to be listened to nor notice of transfer undermined his liberty without due process of law an aspect that was against his rights based on 14th amendment. According to the court, a convicted prisoner has the right to procedural safeguards that include appointed counsel an adversary hearing, and notice, before he is transferred involuntarily to a state mental hospital. According to the court, prisoners are offered these protections by the 14th amendment and thus, the state is just required to offer independent and qualified assistance. Labeling prisoners as mentally ill and relocating them to a mental hospital was found to be traumatizing to the court. The complaint liberty interest was found to be violated based on 14th amendment and thus the court ruled in complainant favor (Knochel, 1980).

Constitutional Safeguards Provided to Individuals by the 4th, 5th, and 6th Amendments Of US Constitution

Criminal Law Foundation Evaluation

Constitutional safeguards provided to individuals by the 4th, 5th, and 6th Amendments of the United States Constitution  ad areas of criminal justice where these amendments have the greatest impact

Criminal procedure, this is the body of state and federal constitutional statutes, court rules, provisions and other various laws that govern the administration of the justice in the handled criminal cases (Dressler, Strong & Moritz, 2001)

These procedures are meant to safeguard all types of people both the guilty and the innocents from application of indiscriminate substantive criminal law. At the federal level, the safeguards are basically set forth in three distinct places with the amendments IV, V and VI being among them. These rules are meant to enforce the rights that are established by the constitution.

The fourth amendment basically deals with the protection of the citizen’s rights by protecting them from the seizures and searches during a criminal investigation. It protects the right of people to being very secure in their houses, papers, effects and so on. Warrants thus have to be given which are supported by an affirmation and oath. The Supreme Court however has ruled that not all searches require warrants and that the fourth amendment just prevents unreasonable searches (Lasson, 1970). However, all the warrantless searches are considered unreasonable unless they fall within the limits set by the Supreme Court.

The Fifth Amendment basically prevents the government from pushing the individuals or citizens from getting to the point of incriminating themselves. The victim may opt to plead the fifth if by any chance they see that answering the questions may lead to incrimination. It also ensures that the person liable for a crime has not been denied the due process of law, from subjecting individuals to multiple punishments just for committing a single crime and ensures that victims are indicted by a grand jury first before they are punished in the federal law. It creates several amounts of rights that are relevant to the legal and civil proceedings (Levy, 1968)

The just compensation clause, ensures that the government is fair in terms of property. The law has the right to take property from a person and equally the person has the right to be compensated at a value that equals the market value. (Levy, 1968)

Grand juries have been in existence for a long while. It is basically a group of professionals who determine whether a person is guilty of a crime or not. They determine whether there is enough evidence for an accused person to be prosecuted or not. A person who is being charged with any form of crime where the grand jury is involved basically has the right to challenge the juror for bias or partiality. These challenges however are different from peremptory challenges. A judge has to remove the juror without any further proof immediately a defendant files a peremptory challenge (Amar & Lettow, 1995).

Double jeopardy works to protect one against harassment through successive prosecution. It to prevent the client or the victim from having emotional, financial, physical, and psychological trouble. Jeopardy means the danger involved in the prosecution (Amar & Lettow, 1995).

The sixth amendment is o among10 bills of rights and it became a law in the year 1971. It basically deals with ensuring that the suspects are subject to faster and public trials and are given the right to know all the charges that have been are directed towards them and ensure that they have a chance of having an attorney. This is termed as the right to have counsel (Heller, 1951).

Impacts of the fourth amendment

  • This right provides for safeguards to the suspect during the detentions and searches as it prevents unreasonable searches and requires warrants before any search is done. It prevents unlawfully acquired evidence or items from being used as a form of evidence in any criminal proceedings (LaFave, 1978).
  • It prevents an individual from cases where a police officer might enter their house to make an arrest or search for an evidence to a particular crime.
  • The search warrants have to be signed by the judge hence cannot be forged.
  • Several procedures have to be put into place such as knocking on the door and announcing the presence before entering into the house. Without this, it may be viewed as trespass and thus illegal.
  • It prevents police officers from confiscating a person’s property and placing it under the control of the police (LaFave, 1978).
  • Electronic intrusions are also protected in this right. The police have no right to access the back accounts, email, bank accounts and computers unless they also have a warranty to do so.

The fourth amendment also has some negative impacts. These include;

  • The bill does not offer any protection in the tax hearings, parole revocation hearings and also deportation hearings.
  • The bill also does not apply when the Jury collects information or evidence outside the United States as it will be used in the prosecution.
  • It does not apply when a person who is not a government employee was involved in the collection of information hence termed as illegally termed evidence.
  • Lastly, it does not apply to cases where the illegally acquired evidence is in turn used to cause impeachment of the defendant’s testimony (Lasson, 1970).

Impact of the 5th amendment

  • It puts the interest of the guilty as well as the innocent at hand as it protects them from incriminating themselves. This can be done by them pleading fifth to any inquiries that may form a lee way to any further punishment or cause them to be guilty for a certain plea (Levy, 1968).
  • The proceedings are held in a secretive manner as only the jury and the prosecutor are present. It is only the prosecutor who can allow the defense attorney to be involved in the proceedings.
  • The suspect will thus not be indicted unless the Grand Jury has a probable cause. This means that there must be enough evidence to show that the suspect has committed the said crime.
  • It gives a provision for a person to be explained or notified of all their proceedings to the latter until they have the opportunity to respond to any questions directed to them.
  • This right also ensures that no single individual is deprived of property, life or liberty without the entire due process of the law (Levy, 1968).
  • This right also prevents the government from infringing any person’s fundamental rights and also the right to privacy
  • This right is very beneficial to the police as it offers a platform for them to acquire information from the suspects. This is basically through confessions.
  • This right guarantees the accused the right to be put into trial by the Grand Jury.
  • It protects the accused from being punished more than once for the same crime that he/she committed (Amar & Lettow, 1995).
  • It also provides for the appointment of an attorney for an accused person on the event that the person might not be able to afford their own attorney.
  • It guarantees the victim the right to be compensated for any of their property that was seized by the government for public use at the same market value thus making it fair for the victim (Amar & Lettow, 1995).

 

The impacts of the 6th amendment

  • Helps your lawyer to know the reason why you are being charged and the reason for that.
  • The victims are in this case confronted and are cross-examined so as to prevent the cases where a wrong person is taken into custody.
  • The victims have the chance to defend themselves.
  • It prevents the accused from staying in prison for a prolonged period of time as it ensures that the proceedings take place without any delay.
  • The accused is able to know who is accusing them and on what grounds
  • It also prevents bias as it is evident in the past monarchial system where the dictators used to put their political enemies behind bars.
  • It prevents people from being charged over tramped up charges.
  • In the past, the judges used to be paid to give verdicts regardless of the evidence produced. This is nowadays not possible since this bill was put into law and put into place. It makes it hard for the judges to be corrupt as all procedures are follower to the latter (Heller, 1951).

 

According to the above discussed text, the three Bill of Rights have a great impact to the Americans. The amendments discussed have shown how the importance of the concept of civil liberties. These amendments have proved that all the Americans have rights and that they are protected from any interference by the government.

Has The Fourth Amendment Been Violated in the Wake of War on Terror?

The Fourth Amendment asserts that any U.S citizen has a right to be secure in their persons, papers, houses and effects, against unreasonable seizures or searches. In addition, the act provides that these rights shall not be violated, and warrants shall only be issued upon a probable cause supported by an oath, stating where to be searched and person or property to be seized. However, the 9/11 terrorist acts have changed the perspectives on how the individual rights are being handled in the country. The aftermath of the 9/11 acts led to the “War on Terrorism”, which by historical standards has led to the violation of the civil liberties.

Soon after the September 11th terrorist attack, the Congress responded by enacting the Patriotic Act of 2001. The act was created with an aim to unite and strengthen America through the provision of the appropriate tools that were required to intercept and obstruct terrorism. However, according to (Roach, 2011), the act has become an avenue through which the government has propagated abuse and overreaching.

The Fourth Amendment as stated provides for the protection of the civil liberties. However, the declaration of “War on Terror” led to the introduction of the Patriotic Act of 2001 which has expanded the federal government surveillance and scope of the American criminal laws. The federal government has employed the Patriotic Act to limit subversive speech and carry out preventive detention, a violation of the Fourth Amendment (Roach, 2011). The author further points that the law has been applied beyond the borders, where people have been detained in Guantanamo prison for over ten years without charges. Moreover, people have been sent abroad for questioning, in countries where they are known to violate civil liberties. In effect, the Patriotic Act designed after the 9/11 as a response to the terror attack have been employed to an extent that they have led to violation of provisions of the Fourth Amendment.

After the 9/11 terror attacks, new paradigm on war against terrorism was introduced by attorney general, John D. Ashcroft. The change in the way in which terrorism was tacked led to many violations of the Fourth Amendment by criminal justice department. The new paradigm changed the way in which the people suspected to be terrorists were arrested. It encouraged arrests of the suspect terrorists for the immigration offenses. Moreover, surveillance was enhanced on the religious and dissident groups. The result was not only the violation of the Fourth Amendment but it encroached on the rights that were previously protected under the First Amendment.

One of the strategies on “War on Terrorism” was to prevent terrorism before it happened (Stampnitzky, 2013). Numerous strategies including the Fusion Centers were developed in order enhance information sharing. Whilst the fusion centers have long stated that clean data is discarded as soon as they are verified to be clean, there have been many federal arrests that have been made, which required little proof of concrete conduct.

Moreover, the past decade after the September attacks has witnessed increased use of informants and sting operations, a fact that has increased mistrust in some Muslim communities in the United States (Stampnitzky, 2013). For example, Imam in Albany was trapped in a plot that involved shoulder-launched missiles. The use of such investigative tools is a contravention of the Fourth Amendment, yet the federal prosecutors have been at the forefront in justifying such tactics. To sum up, the “War on Terror” has created numerous terrorist preventive tactics that have seen the violation of the Fourth Amendment.

Aviation Legislation Term Paper – 1976- Airport and Airway Development Act Amendments

Airport and Airway Development Act Amendments of 1976 mark a very big transformation in the aviation industry of the United States. A bill proposing the amendment of the Airport and Airway Development Act of 1970 was introduced on September 22, 1975. The Congress agreed to make the proposed changes on December 17, 1975 and the rule was passed in House on December 18, 1975. On March 25, 1976, the bill was passed by the senate with incomplete changes and it was later sent back to the House for approval. The new Airport and Airway Development Act was signed into bill by the President on July 12, 1976 after which it became law. The bill was later published as Enrolled Bill on the same day it was signed (Civil Impulse, LLC, 1976)a.

The Airport and Airway Development Act of 1970 legally allowed State and local airport operators to receive grants to finance airport development projects. The law also authorized the Department of Transportation to construct equipment that facilitated air traffic control. The funds used to finance these projects came from the Airway Trust Fund. The money used to maintain the Trust Fund was initially obtained from charges on airport users including owners of aircrafts, passengers, and aircraft operators (Civil Impulse, LLC, 1976)b. The Administration proposed various changes on the Airport and Airway Development Act of 1970. It was recommended that the Act should allow the State to manage the aviation development programs. In addition, the Act was supposed to allow the use of Trust Fund moneys to cover maintenance costs of the air traffic control system. Unfortunately, the initial changes did not adequately address the concerns of the Administration. One important thing that was omitted was the proposed transformation of the aviation tax system in order to make it more equitable. Several other provisions were questionable and required further clarification. The Airport and Airway Development Act amendments of 1976 addressed the Administration’s concerns (Civil Impulse, LLC, 1976)b.

The Enrolled bill following the proposed amendments addresses several features including the funding level of the Federal Trust Fund, distribution of funds, federal share, types of maintenance funded by Federal Trust Fund revenues, eligibility of projects carried out at the airport, as well as issues concerning reimbursement of United States air carries. Specifically, in the new bill, airport development grants have been increased from 2.5 million United States dollars to 4.695 million United States dollars. Moreover, the Enrolled Act has redefined the airport development projects to include a number of activities including construction and repair of facilities directly related to movement of luggage and passengers, alteration and repair of snow removal and security equipment, acquisition of land for building terminal, and establishment of airport improvement plans (Civil Impulse, LLC, 1976)b.

Airport and Airway Development Act Amendments of 1976 authorize for improvement in the manner in which the public airport system is developed. Furthermore, the new Act authorizes appropriations for general aviation airport development and for general airport system planning. A new provision in the Airport and Airway Development Act Amendments of 1976 requires that the funds for every fiscal year should be made available to the carrier airports in the same periods as grants (Civil Impulse, LLC, 1976)b. The law however prohibits project applications from proposing any airport developments that are not included in the Act and that are inconsistent with the proposed plan. Under the new Act, the federal share of project costs should be 90 percent each year for enplaned passengers, 90 percent for other general aviation airports, and 75 percent for other airport costs. Out of these funds, 50 percent are construction and repair costs, 75 percent of the costs are meant for maintaining terminal facilities, and 75 percent are meant for project planning (Civil Impulse, LLC, 1976)b.

The Airport and Airway Development Act Amendments of 1976 give the Secretary various legal powers in relation to development projects that are undertaken at the airport. The Act authorizes the Secretary to offer clear terms and conditions related to various project prior to approval. This will allow for extension of funds required for development of carrier airports and reliever airports from one fiscal year to another. Moreover, the Act allows the Secretary to compensate air carriers for any charged incurred in security screening and in procedures related to foreign transportation. The Secretary is also required by the new Act to study the feasibility of planned development projects and report within one year if they can allow for expansion of existing airports (Magnuson and Warren, 1976). Furthermore, the Secretary needs to assess the practicality and cost of improving the airport’s sound system in order to ensure that the surrounding hospitals, schools, and health facilities are not affected. The Secretary should also provide quarantine services at the entry sites to the airport without any reimbursement to the owners of the said aircrafts. He or she should take affirmative action to assure every employee and passenger than no person will be discriminated against on the basis of race, color, nationality, sex, and gender with respect to disbursement of funds received under the Airport and Airway Development Act Amendments of 1976 (Magnuson and Warren, 1976).

One question that one may ask is whether Airport and Airway Development Act Amendments of 1976 authorizes the use of Airport and Airway Trust Fund solely for financing aviation infrastructure. Since the Airport and Airway Development Amendments was passed by Congress in 1976, the Airport and Airway Trust Fund can now be used for maintenance and operation of airport facility expenses. The 1976 includes an addition section titled “Other Expenses” which was not there in the 1970 Act. The added provision states that the balance of monies available can be used to cover costs of services related to joint financing and navigation services. These monies can also be used to cater for direct costs incurred in maintenance of navigation facilities. However the Amendments Act of 1976 states the limits that should be spent on “Other Expenses” for fiscal year between 1976 and 1980. These provisions tend to reduce trust fund spending to rates below 15 percent (Murphy, 1999). Since the Airport and Airway Trust fund was created in 1970, it has solely been used to finance aviation infrastructure. However, the Airport and Airway Development Act Amendments of 1976 authorizes the use of the trust fund to finance additional maintenance costs and for cost related to operation of air navigation facilities. Most importantly, the Airport and Airway Development Act Amendments of 1976 includes authority to grant funds that would be used to acquire land that would be used for noise abatement programs. The new Act also increases the government’s share of airport development projects for big airports from 50 percent to 75 percent (Murphy, 1999).

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