Violation Of Civil Liberties | The US Constitution Essay

During troubling times in American history, civil liberties or freedoms have been ignored in order to secure what is best for national security

Civil liberties comprise an integral part of the US Constitution. In fact, the US Constitution guarantees the respect to civil rights and liberties of citizens by the government. However, the question that begs is whether human rights and liberties can always be respected or probably the government can neglect them in a way and usurp more power than it is normally granted by the US Constitution. At first glance, the answer seems to be negative because the supremacy of human rights and liberties is clearly and deeply entrenched in the US Constitution. But even one of the Founding Fathers, James Madison, admitted that civil liberties were little more than “parchment barriers” against the power of the government. In other words, most guarantees of civil liberties by governments will undoubtedly be circumvented in times of crises. This idea naturally raises doubts that civil liberties will always be protected, especially in the time of crisis. In this regard, the US history proves that the government does tend to neglect civil liberties when national interests are at stake and Madison is right in his views on the risk of the circumvention of civil liberties by governments in times of crises.

Civil rights are definitely guaranteed and protected by the US Constitution but at the same time, the US Constitution grants the government with the opportunity to extend its power in the time of the crisis that lays the foundation to the intrinsic clash between civil liberties, on the one hand, and extended powers of the government on the other. In such a situation, the superiority of civil liberties is beyond a doubt in Constitutional terms. For example, the US President can extend the executive power, in case of the engagement of the US in a war. But such extension of power is clearly regulated by the US Constitution and this extension of power is not absolute since the US Congress still holds means of control over the executive branch of power, even though they are rather formal than real (Streitmatter 215). For example, the Congress can set financial limits to fund military campaigns but, in practical terms, the Congress should have the overwhelming majority in the opposition to the President to enact such a decision and factually stop a military campaign.

However, in practical terms, civil liberties are violated and the US history proves it succinctly. At this point it is possible to refer to the US history within the last 60-70 years, when the US government slipped to circumvention of civil liberties in the time of crises, even when the US was not formally involved in a war. For example, the 1950s became the time of the unparalleled emergence of Mccarthyism, the practice of making accusations, subversions or treason without proper regard for evidence (). The practice aimed at the struggle against communists, which they government viewed as the major threat to the US national interests in the 1950s. Mccarthyism emerged under the pretext of the protection of the US national interests from communism, which could have undermined the existing social order and ruin fundamentals of the US society. This practice aimed at the elimination of communist as the political force that could potentially take the power in the US and this practice was virtually unparalleled suppression and circumvention of civil rights and liberties (Schrecker 139). The government justified Mccarthyism by national interests and the communist threat, which Americans believed to be the major threat to the survival of the US in that time. Mccarthyism resulted in ungrounded allegations and accusations of communists and their proponents and their prosecution without the sufficient evidence or evidence collected in accordance with existing legal norms and procedures. Eventually, Mccarthyism died out as its enormous impact on human rights and liberties became obvious and, when the public has become aware that the struggle against the communist threat can transform the US into a repressive, authoritarian state, where human rights and civil liberties are disregarded, while the government holds the full control over society (Doherty 184). In such a way, the mechanism of the balance of power and people’s control over the government entrenched in the US Constitution has functioned effectively but still in the time of the deep crisis, namely in 1950-1956, Mccarthyism persisted and many Americans have suffered from its repressive impact, while their rights and civil liberties have been violated.

Furthermore, it is possible to refer to the more recent example of the profound crisis and the governmental response to it, which resulted in the circumvention of civil liberties in the US. 9/11 terror attacks triggered shock and panic in the US society to the extent that the government enacted the Patriot Act of 2001 and other legal norms and procedures, which formally aimed at the protection of national interests of the US and protection of citizens from the risk of terror attacks (Wong 197). However, in their essence, government policies resulted in the consistent circumvention of civil liberties and basic human rights, especially the right to privacy. Moreover, the US government, military and CIA were accused of using tortures in relation to prisoners of war, which were held in Guantanamo that may be also viewed as the violation of the US Constitution, legal norms and civil liberties, but such practices did not refer to the US citizens directly. What did refer to the US citizens directly shortly after 9/11 and introduction of new government policies was the consistent circumvention of the privacy right of Americans and substantial increase of surveillance rights and opportunities for the US law enforcement agencies (Stone 188). However, just as was the case of Mccarthyism, the circumvention of civil liberties under the new anti-terrorist policies in the 2000s was limited in time and scope and those circumvention get steadily eliminated in the US under the public pressure and pressure of the balance of power principle.

Thus, the historical development of the US in the 20th century and present days proves that James Madison was right in his vision of the risk of civil liberties’ circumvention in the time of crisis. The US government did slip to circumvention of civil liberties for the sake of national interests’ protection and the protection of the US citizens from serious threats, such as the threat of terror attacks as was the case of the 2000s policies. Nevertheless, in spite of such civil liberties’ circumvention, the US government still functions within the framework defined by the US Constitution and the people remain the only source of power in the US.

 

Works Cited:

Doherty, Thomas. Cold War, Cool Medium: Television, McCarthyism, and American Culture. Columbia University Press, 2005.

Schrecker, Ellen. The Age of McCarthyism: A Brief History with Documents (2d ed.). Palgrave Macmillan, 2002.

Stone, Geoffrey R. Perilous Times: Free Speech in Wartime from the Sedition Act of 1798 to the War on Terrorism. W. W. Norton, 2004.

Streitmatter, Rodger. Mightier Than the Sword: How the News Media Have Shaped American History. Westview Press, 1998.

Wong, K. C. The Impact of USA Patriot Act on American Society: An Evidence Based Assessment. New York: Nova Press, 2007.

The terms offer and acceptance. (2016, May 17). Retrieved from

[Accessed: March 28, 2024]

"The terms offer and acceptance." freeessays.club, 17 May 2016.

[Accessed: March 28, 2024]

freeessays.club (2016) The terms offer and acceptance [Online].
Available at:

[Accessed: March 28, 2024]

"The terms offer and acceptance." freeessays.club, 17 May 2016

[Accessed: March 28, 2024]

"The terms offer and acceptance." freeessays.club, 17 May 2016

[Accessed: March 28, 2024]

"The terms offer and acceptance." freeessays.club, 17 May 2016

[Accessed: March 28, 2024]

"The terms offer and acceptance." freeessays.club, 17 May 2016

[Accessed: March 28, 2024]
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