Civil Liberties October 4 th 2005 Civil Liberties

Civil Liberties October 4 th, 2005

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

Contemporary Civil Liberties Issues. . . • abortion • capital punishment • religious expression – school prayer – sex education – intelligent design – Ten Commandments

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 POST 9/11

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 – Patriot Act II • making parts of PATRIOT Act set to expire permanent • passed by House of Representatives and Senate, 2005

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