Law and Order Vs Individual Liberties
Uploaded by liebermann on Oct 31, 2011
This essay discusses some of the characteristics of the forces of law and order as opposed to those who support individual liberties. It takes the side of those who think government has gone too far and has no right to further impinge on the private lives of its citizens.
I Introduction
The debate about civil liberties and whether or not they should be suspended in times of danger predates the attacks of September 11; indeed, the idea that there are times when we should trade our freedoms for increased security is as old as the nation itself; it was Benjamin Franklin who said, “They who would give up an essential liberty for temporary security deserve neither liberty nor security.” (Robinson, PG). However, the current Administration’s response to the terrorist attacks, which has devolved into what appears to be a blatant power grab, has brought the issue to the fore once again.
This paper discusses the issues of law and order and individual rights from both sides, and describes the main points of each. It then chooses the one that is more appealing and tells why it, and not the other, should be supported.
II Law and Order
Law and order in this connection is understood not simply as police action, but as the concept of the rule of law upon which the nation was founded. The salient points of law turn on the Fourth Amendment to the Constitution, which prohibits “unlawful search and seizure,” in effect, allowing citizens to maintain their privacy and the sanctity of their homes from unnecessary intrusion.
Now however, in an effort to stop further terrorist attacks and insure the safety of its citizenry, the U.S. government has passed, among other things, the “USA PATRIOT Act,” which abrogates some of the rights to privacy previously guaranteed by the constitution. Examples include the fact that police can make searches of suspects’ homes without warrants and without probable cause; nor do they have to notify the individual that they were on the premises. Such actions are completely legal now, due to the fact that remaining safe has become a paramount concern of many people. I don’t think there’s any doubt that the terrorist attacks have left many, if not most, Americans frightened and shaky; the government’s passage of this act and other measures is deemed by some to be necessary, and undertaken for the good...