1.5 Law & Civil Rights

WHO? The Constitution grants Civil Liberties to all Americans and all living in America.

WHAT? Civil Liberties are guarantees of personal freedom that cannot be denied an individual.

WHEN? Always.

WHERE? US citizens everywhere, and everybody in America.

WHY? To prevent tyranny. The Bill of Rights was shaped by American rule under British monarchy.

We’d like to return a moment to the Constitution. Shortly after the Constitution was ratified and the first Congress seated, James Madison introduced a series of amendments that would limit the power of Congress regarding individual liberties. These had been kept from the Constitution to ease passage because Federalists who wanted a strong national government thought them unnecessary since States retained powers they did not give. After the Constitution was ratified, Anti-Federalists who wanted to retain power with the States introduced the Bill of Rights to ensure that Congress could not infringe on individual liberties. In September 1789, Congress sent the articles to the States. In December 1791, Virginia was the eleventh State to ratify. In January 1792, President Washington announced passage of the Bill of Rights. The First Amendment guarantees the freedom of religion, speech, assembly, and press. The Second Amendment guarantees the right to bear arms. The Third Amendment precludes the quartering of soldiers in a home without the owner’s consent. The Fourth Amendment guards against unreasonable searches and seizures. The Fifth Amendment protects against self-incrimination and double-jeopardy. The Sixth Amendment guarantees a speedy and public trial by an impartial jury. The Seventh Amendment guarantees a jury trial for civil cases. The Eighth Amendment prohibits excessive fines or cruel and unusual punishment by the courts. The Ninth Amendment declares that these rights neither exclude nor deny others not identified. The Tenth Amendment declares that powers not given by the Constitution remain with the States. Today, the Bill of Rights forms the foundation of American Civil Liberties. Even though the Constitution made these rights inviolate, this doesn’t mean they weren’t violated. Indeed, one of the first violators was President John Adams, himself a Founding Father. Less than six years after the Bill of Rights passed, President Adams signed laws collectively called the Alien and Sedition Acts that suspended freedom of the press and the right to due legal process. President Adams reluctantly accepted these actions to avoid a war the US could not afford against France. He would not be the only President to suspend civil liberties as a wartime necessity. President Lincoln and President Roosevelt both suspended civil liberties during war. Lincoln suspended the right to due process, while President Roosevelt interned all Japanese Americans. The Supreme Court later struck down all these actions. Still, they serve as important reminders that our freedoms cannot be taken for granted and must be protected at all times. As history demonstrates, our hard fought freedoms can appear a luxury and become subordinate to security concerns during times of national emergency. It is during these times that we must remember the wisdom of another Founding Father, Benjamin Franklin who said, “Those who would give up essential Liberty to purchase a little temporary Safety, deserve neither Liberty nor Safety”. This is particularly important to remember when it comes to Homeland Security. Unfortunately, all the hype about terrorism has made it easy to overlook individual Civil Liberties. We need to keep Civil Liberties in mind as we advance in our study of Homeland Security.