Politics of Liberties & Rights
Constitutional
Level
-
limits
on legislative & executive authority
-
adjudication
of government actions by federal courts
Societal
Level
-
campaigns
by individuals, interest groups, and social movements for enforcement and recognition
of rights and liberties
o
e.g.
NARAL-Pro Choice v. National Right to Life on abortion/reproductive freedom
o
ACLU,
People for the
-
public
discourse outside government settings
-
petitions
and lobbying of government branches
Terms of Debate
-
What
liberties rights are inherent or implied in the Constitution?
-
How
to interpret Constitution?
o
Moral
reading v. strict construction
o
Living
document v. original intent
-
Who
should interpret Constitution?
o
Legislatures v. judiciary
§
Should
Congress’ views trump the Count’s views
§
Impeachment
and removal of judges based solely on their interpretations
-
What
powers do legislatures have?
o
Democracy
v. liberty
§
Will
factions tyrannize the minority or majority?
§
Does
the “public good” trump liberty?
-
What
prerogatives do executives have?
o
Is
what is necessary what is proper?
o
Should
extra-Constitutional action be excused rather than justified?
o
Who
decides what is necessary for the public good?
Tough Cases
Digital Millennium Copyright Act of 1998 (Public Law
105-304)
-
criminalizes
unauthorized decryption or break copy-prevention parts of commercial products
-
outlaws
manufacture, sale, or distribution of code-cracking devices that could be used
to illegally copy software
-
Congress
has authority to regulate this based on Art I, Sec. 8: The Congress shall have
Power…
To promote the Progress of Science and useful Arts, by
securing for limited Times to Authors and Inventors the exclusive Right to
their respective Writings and Discoveries;
USA PATRIOT ACT of 2001 (Pub.L.107-056)
-
Uniting
And Strengthening
-
Expanded
provisions to search & seize property
Sec. 213
-
delays
notification of search warrant
o
“sneak
and peak” and “sneak and seize”
o
wire-taps
had delayed notice
Section 215
“…order requiring the production of any tangible things
(including books, records, papers, documents, and other items) for an
investigation to protect against international terrorism or clandestine
intelligence activities, provided that such investigation of a
o
No
probable cause must be shown
o
Covers
third parties
Section 505
-
Telephone
toll and electronic transactional records
o
request
the name, address, length of service, and local and long distance toll billing
records and wire or electronic communication service provider records
o
“national
security letter”
o
no
judicial order needed
Should policy effectiveness or administrative efficiency
trump liberties & rights or vice versa?