Transcript may26
Civil Liberties May 28, 2003 Civil Liberties -- What Are They? • vs. Civil Rights – civil liberties adhere to individuals rather than groups – negative vs. positive freedom • civil liberties are about what government must not do; civil rights are largely about what government must do Types of Civil Liberties • Fundamental Freedoms – “Congress shall make no law...” abridging... • freedom of speech, religion, assembly • freedom of the press • freedom to bear arms (disputed) • Legal Rights – Due Process • against unreasonable search and seizure, selfincrimination, etc. • property rights – due process – just compensation Types of Civil Liberties • Fourteenth Amendment (1868) – Equal Protection of the Laws • extension of the Bill of Rights to the states – no state shall deny any person equal protection of the laws • incorporation, 1925-1969 Civil Liberties -- Absolute or Competing Claims • competing claims – individual rights vs. general welfare – competing rights claims • trends (to 9/11) – trend has been towards expansion of the definition and scope of civil liberties – fewer government actions on behalf of general interest can justify limiting civil liberties – more and more issues redefined as competing rights claims – the legalization of politics Legalized Politics -- The Implications • positive aspects of legalized politics – offers access – not based on popular opinion • negative aspects of legalized politics – constrains general welfare – atomizing – style of politics • adversarial • not prone to compromise Security and Civil Liberties – An Altered Balance Post-9/11 • order/security vs. individual liberty • immediate government reaction to 9/11 • detention of non-citizens without laying charges • order that solicitor-client privilege would not be honored by Justice Department • refusing to provide name, location of detention or numbers of those arrested – overwhelming public support • 86% viewing govt’s action as appropriate (Newsweek) Security and Civil Liberties – An Altered Balance Post-9/11 • USA PATRIOT Act – ratification of Ashcroft response • broadened government ability to implement wiretapping • surveillance of emails and computers • power to detain and deport foreigners • increased power to detect money laundering – received overwhelming support in both House and Senate The Constitution of the United States of America (1787) “We the people of the United States, in Order to form a more perfect Union, establish Justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” Main Point! • there is a strong tension between individual rights and collective wellbeing in the American political system • overall trend has been for Americans to increasingly view themselves as rightsbearing individuals and to resolve political disputes in this manner