Within
any society, the freedom of the many must be balanced against the
freedom of the one, the individual, and this balancing act forms the
scale upon which the dual goals of freedom and security within a
nation are weighed.
Within the
political life of every country, there are those who advocate
security and defense of security
above the priority of
individual rights, and there are those who advocate individual
rights and strict adherence to due process of law for the individual
above what others would deem the welfare and good of the
many. This may not be an orientation that holds in every situation,
but typically, the military/defense establishment generally weighs
in on the side of security, while human rights watch groups and
those groups involved in legal protection such as the American Civil
Liberties Union, weigh in on the side of due process of law,
strictly followed and applied for each individual.
Within the United States, the
Executive branch of government as well as the Judicial have taken
varied positions through the years in favor of one side of the
balance scale or the other. However, when war is imminent and/or
danger threatens, the Executive can and does assume more power to
abridge or curtail the freedom of individuals so that the country as
a whole can be protected. This is, and has always been, a situation
fraught with danger. For what constitutes a 'clear and present
threat' and what constitutes a 'clear and present necessity' to meet
this threat through the abridgment of individual liberties, is
always open to interpretation. Such an interpretation can vary
according to the individual character, predisposition, and
philosophic orientation of the Executive office - the President -
and also according to the character and predisposition of the
cabinet and of other senior advisors to the Executive. Political
justification for any movement in the direction of abridgment of
individual liberties, whether on the larger scale of imprisonment
without due process of law or on the smaller scale of requirements
for passing through airport checkpoints, is always stated in terms
of necessity. It is always stated on
behalf of the many with
the understanding that "it has to be this way" in order to protect
the good of the whole.
It is
with this in mind that we can look at the issue of civil liberties
in the present situation within the U.S. - a situation arising out
of post 9/11 consciousness. The existing situation intensifies and
heightens the need to balance the requirements of security with the
need to maintain individual freedoms, and how that balance is found
is a decision of great importance for our nation.
A broad look at policies that
have been put into effect since 9/11, including but not limited to
the Patriot Act, shows that surveillance and wire-tapping have
increased, detainment of citizens for supposed or possible
relationship to terrorists has increased, the justification for
detainment of foreign nationals both in Guantanamo and in prisons
abroad has increased, and the capacity of the Executive to use its
power to further investigate, detain, or arrest citizens suspected
of having information concerning terrorists or of maintaining
alliances with terrorist groups, has also increased. Whether this is
a necessity or an abuse of power is a matter to be determined by
each individual conscience. What is essential, however, is the
awareness that a crucial issue is at stake.
The articles listed below
suggest a point of view that aligns with the necessity for
protecting civil liberties and due process of law, not at the
expense of national security, but in the service of
maintaining a more just and democratic way of instituting such
security. Support of this outlook is based on the premise that there
is
always another way to seek the security of a nation other
than through an extension of power which authorizes a departure from
democratic principle and practice. At times of danger and threat to
a nation, it is particularly important to remember that
there is
always another way, and that the loss of democratic process
which some may seek to justify, may be the undoing of a nation that
is far worse in outcome than the external threat which that nation
is attempting to face.
For Post-9/11 Material Witness,
It Is a Terror of a Different Kind (Aug. 19, 2004)
http://www.nytimes.com/2004/08/19/politics/19witness.htmlJudge
tells U.S. to Release Data on Detainees it Holds Overseas (Aug. 19,
2004)
http://www.nytimes.com/2004/08/19/politics/19detain.html"Rights
Groups Accuse Pentagon of Subverting Court Ruling on Guantanamo
Detainees." (July 9, 2004)
http://www.commondreams.org/headlines04/0709-07.htm
"Patriot Act Ineffective and Needlessly Tosses Aside
Constitutional Protections." (Aug. 19, 2004)
http://www.commondreams.org/views04/0819-08.htm"U.S.A.
Patriot Act"
http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=12126&c=207
The American Civil Liberties Union ( ACLU) provides a link to the
text of the Patriot Act itself as well as extensive commentary on
the abridgment of freedoms that are embedded within it. The ACLU
also provides commentary on the proposed "Domestic Security
Enhancement Act" (Patriot Act II) which would extend the powers
introduced in Patriot I.