Civil Liberties May 28, 2003

Civil Liberties -- What Are They? vs. Civil Rightsvs. 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 docivil liberties are about what government must not do; civil rights are largely about what government must do

Types of Civil Liberties Fundamental FreedomsFundamental Freedoms –“Congress shall make no law...” abridging... freedom of speech, religion, assemblyfreedom of speech, religion, assembly freedom of the pressfreedom of the press freedom to bear arms (disputed)freedom to bear arms (disputed) Legal Rights – Due ProcessLegal Rights – Due Process against unreasonable search and seizure, self- incrimination, etc.against unreasonable search and seizure, self- incrimination, etc. property rightsproperty rights –due process –just compensation

Types of Civil Liberties Fourteenth Amendment (1868)Fourteenth Amendment (1868) –Equal Protection of the Laws extension of the Bill of Rights to the statesextension of the Bill of Rights to the states –no state shall deny any person equal protection of the laws incorporation, incorporation,

Civil Liberties -- Absolute or Competing Claims competing claimscompeting claims –individual rights vs. general welfare –competing rights claims trends (to 9/11)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 politicspositive aspects of legalized politics –offers access –not based on popular opinion negative aspects of legalized politicsnegative aspects of legalized politics –constrains general welfare –atomizing –style of politics adversarialadversarial not prone to compromisenot prone to compromise

Security and Civil Liberties – An Altered Balance Post-9/11 order/security vs. individual libertyorder/security vs. individual liberty immediate government reaction to 9/11immediate government reaction to 9/11 detention of non-citizens without laying chargesdetention of non-citizens without laying charges order that solicitor-client privilege would not be honored by Justice Departmentorder that solicitor-client privilege would not be honored by Justice Department refusing to provide name, location of detention or numbers of those arrestedrefusing to provide name, location of detention or numbers of those arrested –overwhelming public support 86% viewing govt’s action as appropriate (Newsweek)86% viewing govt’s action as appropriate (Newsweek)

Security and Civil Liberties – An Altered Balance Post-9/11 USA PATRIOT ActUSA PATRIOT Act –ratification of Ashcroft response broadened government ability to implement wiretappingbroadened government ability to implement wiretapping surveillance of s and computerssurveillance of s and computers power to detain and deport foreignerspower to detain and deport foreigners increased power to detect money launderingincreased 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 well- being in the American political systemthere is a strong tension between individual rights and collective well- being in the American political system overall trend has been for Americans to increasingly view themselves as rights- bearing individuals and to resolve political disputes in this manneroverall trend has been for Americans to increasingly view themselves as rights- bearing individuals and to resolve political disputes in this manner