preview

Civil Liberties In The United States

Decent Essays

Since the birth of the United States there has been attacks on personal liberties that have peered through in the policies that have been passed by the government. They are played off as necessary to the security of the individual and have the agenda of control, those in power are not in favor of the people having the true power in the relationship between government and citizen. The government has had numerous attempts to invade on the civil liberties that have been afforded to us by the United States Constitution and by the memberships such as the UN and the ICCPR which is an international human rights treaty. The treaties that a government agrees to a vital for all of those involved, when a country joins they are stating that they will defend …show more content…

Could it not be argued that if someone is not free that they are not “living”? These are the things that make up what violates our individual liberties. There is much to do when it comes to protecting our civil liberties and defending the rights that we have been afforded. We must be careful not to say use the slippery slope fallacy and say that because we are here we will next be here. A common is that if we allow any form of gun control we will follow suit and get rid of all guns. No matter the position of the individual it is necessary that arguments stick to facts. However, it is necessary to look at the past, the old saying goes that if we are to ignore history then we are indeed likely to repeat it. The United States is in a unique situation where more recently there have been revelations that have shown that the government has used dragnet surveillance and this has shown a very bright light on past actions and policies that have bordered the line of what is right and wrong. These actions that are restricting our rights of life, liberty, and the pursuit of happiness must be stopped …show more content…

One of which is the Marbury v. Madison case where some would argue that there was no separation of power, however some would argue that it is a good thing that we have judiciary review because it allows for the other branches to be checked, but does not have any checks for itself. There is an argument that supports judiciary review however it does not support the fact that the court granted itself the ability and argues that it should have gone through more proper channels. Another part of Marbury v. Madison is that it deemed a previous law unconstitutional and showed that it would be able to do well and abide by the constitution of the government. Another landmark case which is more recent is the case of Smith v. Maryland in which the police ordered a Pen Register be added to his phone, a pen register tracks the numbers dialed. Smith tried to argue in court that this violated the fourth amendment because no warrant was obtained, the court did not side with Smith and they said that no warrant was necessary in order for a pen order to be placed on someone’s line. This was one of the first steps that brought us here

Get Access