...Liberty is defined as the freedom to choose to behave, think, speak or simply be present in an area without fear of punishment. In order to properly understand the concept of liberty, it is important to understand the term power because power develops the freedoms that emerge when discussing liberty; power in this instance is the ability to do or act. In most modern states, the state grants citizens the power to legally engage in certain behaviors as long as these are in obedience to their legal system. Liberty is a relative term as liberties in the modern world are granted by states. This disparity can be observed with the contrast of speech liberties in China with Chinese “ firewall,” which bans social media websites like Facebook. When...
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... How Do Courts Protect Our Liberties? --- For hundreds of years the forefathers of the United States of America had been undertaking the task of creating and constantly amending a constitution that all men shall abide by. Alexander Hamilton, along with other contributors of the constitution, created essays which are better known as the federalist papers. These documents were created as a form of mutual interpretation and moral assurance between the government and its citizens with one major objective, to gain and retain the trust of its citizens. --- It is said within that no state "shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States. A civil liberty is defined as an individual right protected by the Constitution against the powers that be of the government. When our forefathers assimilated to draft the Constitution they anticipated certain belligerencies that might occur between the Federal Government and the individual citizen. It was cause for these concerns that enabled them to include certain civil liberties in the Constitution endowing its citizens with certain inalienable rights. Though civil liberties were put in effect over 200 years ago, over time they have been challenged up until the present day. It wasn’t until the 14th amendment that civil liberties were finally incorporated into state governments. The primary source of civil liberties is found within the first ten...
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...SLO#1 Civil Liberties v Civil Rights People in the United States take for granted the life they get to live. The people in the United States have many rights, two of these rights are civil liberties and civil rights that are key components of why people in the United States get to live their way of life. The text book explains civil liberties as “specific individual rights, such as the right to a fair trial, that are constitutionally protected against infringement by government” (Patterson93). 1 Civil rights is the right to freedom and political thought process. This lets the people of the United States have a voice and participate in their government and...
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...Civil Liberties: Protecting Individual Freedoms PA582-68021 Fall Session A Audrey Afe-Tuufuli adafetuufuli_college@hotmail.com December 07, 2012 Civil Rights and Civil Liberties: American Freedoms Knowledge and wisdom proliferates today’s society. With the advances of technology, information and intelligence is ubiquitous; thus people are presumed to be well informed and civil. Also, with information and knowledge being infinite and easily accessible, one would gather that men are fairly in the know of the do and don’ts of society. Perhaps they are, perchance not; either or, society is intensely apprised in this day and age provided the countless sources of knowledge and information technology has enabled. An enlightened society is an advantage for a county as informed people contribute optimistically and helpfully make prudent and sensible decisions for its community; knowledge creates a plethora of various opinions; it percolates critical analysis; and furthermore - an enlightened society amps public engagement to question or even create public policies which addresses and resolves pressing societal issues. Though many policies may seem to resolve conflict and placate citizenry challenges, other policies have come under fire as infringing on civil liberties and civil rights. This paper attempts to present policies that have been litigated in the corridors of justice on the premises that they violate American civil freedoms. The Unalienable...
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...War, countless violations of civil rights, and discrimination between the sexes and between races. There have been few events, though, that continued to show America’s core values. Events, such as the writing of the Containment Policy, the establishment of the Peace Corps, and the United States’s inclusion in the Korean War demonstrate liberty. Other events, like the Brown v. Board of Education court case, the passing of the Civil Rights Act of 1964, and the passing of the Voting Rights Act of 1965 demonstrates America’s core value of equality. And still more events, like World War II, the Miranda v. Arizona court case, and the Montgomery Bus Boycott demonstrates...
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...Alexander W. Joel is the civil liberties protection officer for the Office of the Director of National Intelligence. The job of a civil liberties protection officer is to work with the government's various intelligence and security agencies to ensure Americans' civil liberties and privacy rights are protected. That officer works with a large team of professionals to make sure that US intelligence-gathering and surveillance activities are constitutional and do not violate any laws. There are several layers of oversight for various activities, ranging from laws and agency regulations to oversight boards, congressional committees, and special courts, such as the Foreign Intelligence Surveillance Act (FISA) Court. These bodies are all charged with ensuring the legality of security programs, and protecting civil liberties and privacy is a responsibility that everyone who works in the intelligence community takes very seriously. Many Americans probably don't know that there is a senior official whose job by law is to help ensure that civil liberties and privacy protections are built into intelligence programs. I am that official—the "Civil Liberties Protection Officer." I engage with the director of national intelligence and other intelligence officials to oversee and guide intelligence activities. I...
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...Habeas Corpus and Civil Liberties Rick Green POL 201 Professor Hass January 21, 2013 Habeas Corpus and Civil Liberties Imagine living life without the rights and liberties that Americans have always enjoyed. There are people all over the world that do not enjoy those rights that were cherished by the Framers of the United States Constitution. Some even say there are people under the jurisdiction of the United States that do not enjoy those rights. The War on Terror has brought a new debate to the forefront of American public discussion; what do we do with detained terrorists? Can the United States prove that they are terrorists? Are detainees afforded the same rights as American citizens and what role does the writ of habeas corpus play? The Supreme Court has decided on a few cases and has answered a few questions, but the debate still rages. Under the precedent set by Ex Parte Quirin and the Military Commissions Act of 2006, combatants captured in the War on Terror are unlawful combatants against the United States and therefore do not have the right of habeas corpus. To begin the argument on how habeas corpus and civil liberties relates to the War on Terror, we must first look at the history and the meaning of habeas corpus. Very simply defined, many people view the writ of habeas corpus, “as the ‘writ of liberty’ which ensured that no person could be detained in prison without being put to trial by a jury of his peers,” (Lobban & Paul, 2010, p.257). This simply...
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...Health care is not a civil right or a civil liberty even with the faulty belief the United Nations Universal Declaration of Human Rights December 10, 1948 Article 25 proclaiming everyone has a right to health care (Article 25applies to the United States, here we live under our Constitutions and laws and not the United Nations. However, the misnomer that healthcare is a right or liberty is prominent in the United States and therefore, a credible topic. The Supreme Court of the United States (SCOTUS) did not find that the affordable care act was a civil right or civil liberty but upheld, in a 5-4 decision, that the mandate part if you do not have health care the mandate is a tax payable to the U.S. Internal Revenue Service and because it is a taxable the congress has the right to pass tax bills. (Nat'l Fed'n of Indep. Bus. v. Sebelius, 132 S. Ct. 2566, (2012)...
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...We the people of the United States love this great country because of the freedoms and opportunities that are present to us. As a result of the U.S constitution and its Bill of Rights that were created in 1787, we possess these rights. As our nation progresses so does do our laws, civil liberties, and Homeland security. With disasters, other setbacks and the adoption of new laws we have prospered into the world power that we are today. Studying Homeland security and civil liberties can be a difficult task when these words can be difficult to define. As difficult as civil liberties may be to define, everyone must have one basic explanation for what it is. Civil liberties are natural rights and freedoms that are protected by our constitution,...
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...between civil liberties and homeland security. Belief structures underlying the relationship of liberty and security vary among different political orientations in the United States. The disclosure that the Obama administration surreptitiously accessed phone records and infiltrated the internet activity of millions of Americans, has elevated brand-new questions about the public’s enthusiasm to sacrifice civil liberties in the interests of homeland security. This thread will provide a brief synopsis on how American’s can understand the balancing of a civil liberties perspective...
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...for much longer. The United States of America, self-proclaimed watchdog of the world, does not enjoy any exemption from global threats to peace and prosperity. Those in denial of such threats were rudely awakened to a new reality on the morning of September 11, 2001, when terrorists struck the American financial heart of New York. A seriously stunned country shocked by the level of brutality quickly assembled behind President Bush to pass legislation, known as the USA PATRIOT ACT, to tackle internal and external threats to this nation. Because this new legislation was passed into law with extreme haste, it was controversial immediately. Even though this legislation was passed...
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...All those who seek to destroy the liberties of a democratic nation ought to know that war is the surest and shortest means to accomplish it” Alexis de Tocqueville. I personally believe that we do not need to restrict our civil liberties as stated in the Bill of Rights in order to protect American citizens from terrorist organizations. Civil liberties are the personal guarantees and freedoms that the government cannot abridge, either by law, constitution, or judicial interpretation which include the freedom from slavery and forced labor, freedom from torture and death, the right to liberty and security, right to a fair trial, the right to defend one's self, the right to own and bear arms, the right to privacy, freedom of conscience, freedom of expression, freedom of assembly and association, and the right to marry and have a family ( Conner, Sabato, 2011). Yes, it is very important for us to worry about terrorism and to defend our country but it is not necessary for our government to take away our civil liberties in the process. So where does this leave us? Do we let terrorism scare us into losing our civil liberties or do we ignore terrorism and keep our rights? I do not think we have to compromise our safety from terrorism to keep our civil liberties, there has got to be a common ground where everyone can keep their civil liberties and still be safe from terrorism. I believe that restrictions in civil liberties violate the underlying principles of American democracy greatly...
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...Physical security is becoming more important than civil liberties. Especially in regards to the war on terrorism. Terrorist use the threat of violence to support their ideological purposes. Therefore I believe that if captured, the United States must get information from them by any means necessary. Getting information from terrorists could prevent a lot of deaths of innocent people. It is very difficult to balance the security and liberty of captives when terrorism is involved. Getting information from a captive could possibly break up cells, stop a planned attack and capture other terrorist. So if that means administering torture to get that information, I'm all for that. I do not believe that terrorist should have the same rights as everyone...
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...today enjoy many civil liberties regardless of race, sex, sexual orientation or ethnic background. The road to earning these civil liberties has been tainted with much pain, tears and suffering. It has not been easy for the different groups represented within the population of Americans to obtain and protect their rights. This essay will recount the bloody paths Americans of all colors had to follow in order to enjoy the civil liberties which so many take for granted today. The origins of civil liberties for the United States dates back to England. The United States has a clean start by including the Bill of Rights in the American Constitution. The Bill of rights at first were the symbolism of American ideals because there was no way of enforcing them until 1803 where in the case of Marbury v. Madison the Supreme Court took action in striking down laws for the first time that were considered unconstitutional. From that point on the Supreme Court established a precedent of wielding the power to strike down any unconstitutional legislation. Marbury v. Madison happened long before the Civil War and before any of the other cases mentioned. However its importance to civil liberties is essential to any civil liberty essays because it was the one case that allowed for the Supreme Court to take action and enforce the bill of rights along with any other law that is deemed unconstitutional. It was this case that brought about the exercise of judicial review in the United States under Article...
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...JoAnn McElwaine HIS 167 (26208) Essay #2 The United States government has seen security and preservation of the society as taking precedence over civil liberties. Some civil libertarians are concerned that not abiding by the Constitution will eventually lead the demise of civil liberties. Some even consider this worse than terrorism itself. Even though , as history proves, our government has underestimated our nations security. The United States is in much greater jeopardy from international terrorists that previously believed. We also have to be concerned about terrorists living on our own soil. In the wake of 911, the government signed a law in 2001 called the USA Patriot Act, citing the need for more participation on all levels of security. Law enforcement was given a wider preemptive authority and encouraged to share information. The law was passed with one goal in mind; a safer America. Over the years, some Americans have become concerned that law enforcement restrictions were too invasive, that wire tapings and extensive surveillance was too much of an invasion of civil liberties. Many argued that the Patriot Act affects all citizens personal freedoms and privacy. The government argues that only suspected terrorists are affected by the law. As arguments flare about the proper balance between civil liberties and national security, a recent survey of terror cases show that surveillance such as intercepted communications and the monitoring of e-mail...
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