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CIVIL LIBERTIES


The Magna Carta

Civil liberties (not to be confused with civil rights), revolves around the fundamental freedom of an individual within a geopolitical unit. This is typically defined as a constitutionally enshrined set of laws that protects an individual against an abusive or tyrannical government (or its agents).

1The modern concept of civil liberties can be traced back to the Magna Carta (initially known as The Great Charter of the Liberties of England, and of the Liberties of the Forest) of 13th century England. The ruling monarch of the land, the deeply unpopular King John Lackland of House Plantagenet (famously depicted as the villainous king in the tales of Robin Hood), faced a revolt from the feudal classes and clergy owing to his temperamental, incompetent and dictatorial rule.

With his coffers dry from successive wars that stretched back from the reign of his father, King Henry II, and brother, King Richard the Lionheart, and coupled with the growing threat of a French invasion led by King Louis, King John capitulated to the demands of his barons and entered the negotiating table. After a highly acrimonious and contentious negotiation, the Magna Carta was signed by King John and 25 of his most senior barons on June 15, 1215, at Runnymede, on a meadow along the banks of the river Thames.

2The Magna Carta severely limited the King’s royal powers and granted personhood to every single one of his subjects. Essentially, the Magna Carta guaranteed the following:

(i) The right of habeas corpus (Latin, you have the body), which stipulates that every man accused of an offence must be subjected to due process under the law, and members of the royalty in breach of the law will also be subjected to the same punishment applicable to commoners.
(ii) The separation of Church and the government, giving the Church freedom from unilateral government interference in making ecclesiastic appointments.
(iii) Establishment of the Great Council of the Realm, an elected body consisting of candidates drawn from the feudal class (barons, knights, etc.). Many consider this Council as the conceptual precursor of the House of Lords.
(iv) Matters of taxation and levies must be discussed with the Great Council of the Realm.
(v) Failure of the King or sovereign to adhere to these stipulations grants the Great Council of the Realm the option of using force or waging a war against the monarchy.

It was a revolutionary concept at the time, especially in light of the fact that the monarchy and the church have for centuries proclaimed that the Kings of England held their throne by divine right, and those who questioned their right to rule also questioned the will of God, and are thus branded as heretics.

The euphoria did not last long, however, as King John renegaded on the treaty as soon as he had managed to consolidate his position and secured his safety. Nevertheless, the Magna Carta is widely credited for its influence on the future constitution of England, along with those of its colonies centuries later, by virtue of the underlying principles of personhood and civil liberties contained within its framework.

The Conceptual and Philosophical Growth of Civil Liberties

johnlockeThe concept of civil liberties detailed in the Magna Carta evolved gradually over the course of the next five centuries, before eventually reaching its intellectual zenith during the Age of Enlightenment. The Enlightenment, a sociocultural movement between the 17th and 18th century that swept through Europe and featuring some of the most brilliant thinkers of the age, weaved the concepts of natural law and natural rights into civil liberties. It was perhaps best explained by the Father of Liberalism himself, John Locke. In his Second Treatise of Civil Government (Chapter 2, Section 4, Of the State of Nature), Locke contends that,

"To understand political power right, and derive it from its original, we must consider, what state all men are naturally in, and that is, a state of perfect freedom to order their actions, and dispose of their possessions and persons, as they think fit, within the bounds of the law of nature, without asking leave, or depending upon the will of any other man.

A state also of equality, wherein all the power and jurisdiction is reciprocal, no one having more than another
; there being nothing more evident, than that creatures of the same species and rank, promiscuously born to all the same advantages of nature, and the use of the same faculties, should also be equal one amongst another without subordination or subjection, unless the lord and master of them all should, by any manifest declaration of his will, set one above another, and confer on him, by an evident and clear appointment, an undoubted right to dominion and sovereignty."


Locke's writings heavily influenced reactionaries within the political elite who were neck-deep in a bitter dispute with the monarchy. There was an urgent need to reframe the constitution to prevent a recurrence of the English Civil War (1642-1651), but King James II resisted efforts to push through formal legislations that require the monarchy to submit to the parliament. This ultimately culminated in the Glorious Revolution of 1688 that saw to his overthrow and the ascension of the joint-rule of his sister, Mary II, and her husband, William III, the Prince of Orange.

The parliament, drawing heavily from Locke's two treatises, passed the Bill of Rights of 1688 (later re-dated to 1689), a legislation that is widely held as one of the most influential in the western world and credited as a key philosophical element of the French Revolution (resulting in the French Declaration of the Rights of Man and the Citizen of 1789, the American Declaration of Independence of 1776 (and subsequently, the Bill of Rights of 1791), and the United Nations' Universal Declaration of Human Rights of 1948.

Civil Liberties In the United States

It was 1776, and the still-abstract United States of America was in the midst of a revolutionary war with its colonial masters, the British Empire. Following the Second Continental Congress held a year earlier, which saw the revolutionaries explicitly rejecting their allegiance to the throne of King George III, representatives from the thirteen colonies' Provincial Congresses met to officially adopt and announce the Declaration of Independence on July 4, 1776.

A committee was tasked with the creation of a legitimate rule of governance, and resulted in the creation of the Articles of Confederation and Perpetual Union (AoC), which became the governing doctrine of the embryonic nation and provided the legal framework for the establishment of the United States of America, the political and geographical entity comprising the thirteen colonial states.

It wasn't long, however, before the young Congress noticed disturbing flaws in the AoC, and the need for immediate constitutional reforms. Two overriding concerns dominated the discussions over the proposed reforms, namely, civil liberties and fiscal solvency. However, elements within the federal and state government were against these reforms, and discussions reached an impasse.

Matters came to head; however, when Captain Daniel Shays, a respected veteran from the Revolutionary War, organized an armed uprising against the state government of Massachusetts over charges of corruption and abuse of power, even as the state stood on the brink of an economic meltdown. Now known as Shays' Rebellion, the movement was in protest of the government's economic mismanagement, arbitrary and high taxation, abuse of power and the non-payment of salaries for civil servants (including soldiers). Shays pitchfork-waving militia, consisting of farmers and other unpaid war veterans from neighboring counties, terrorized the bureaucratic machinery of the local government in the surrounding areas for almost half a year.

The Governor of Massachusetts, James Bowdoin, declared that negotiating with Shays Army would only lead to "a state of anarchy, confusion, and slavery" and ordered a force of almost 5,000, led by General Benjamin Lincoln and General William Shepard, to deal with the 'rebels'. Shays and his men were summarily defeated, and many of them were condemned to death in resulting trials, accused of being traitors and agents of the British Empire (note: most of the men would later receive amnesty).

Despite their defeat, and other less publicized uprising in the country, Shay's rebellion brought the issue of civil liberties and fiscal responsibilities to national consciousness, forcing Congress and the States to take another look at the subject. The fact that several of the Founding Fathers, most notably George Washington, Thomas Jefferson and James Madison, threw their support behind the 'traitors', hastened the pace of the debate.

A protracted battle between the governing Federalists and the emerging Democrat-Republican Party ensued, but in the end, the AoC was replaced by the U.S. Constitution to act as the central legal document governing the nation. The new Constitution was formally ratified on September 17, 1787, in Pennsylvania. More importantly though, less than two years later, Congress approved the Bill of Rights and the ten amendments to the Constitution became law.

It is the Bill of Rights that has shaped and protected our rights as individuals since, and any attempt to understand the extent and scope of our civil liberties requires a thorough understanding of these ten amendments.

Challenges to Civil Liberties

There have been historical swings between periods of heightened legislative activism involving civil liberties throughout the country's history, as exemplified in the periods surrounding the Declaration of Independence, Civil War, World War I and II, Korean War, Vietnam War, and most recently, the War on Terror. Revocation and restrictions of civil liberties are usually followed by an easing off period that acts as a natural counterbalance.

We will refrain from commenting further, and instead, proceed to the candidates' position on the matter.




 

 


Former Governor of New Mexico

Gary Johnson

Presidential Candidate Gary Johnson

Johnson Position on Civil Liberties

True to his libertarian leanings, Johnson is a firm proponent of the individual rights and civil liberties of the citizens. Considering the fact that the first eight amendments of the Constitution deals with the issue directly, he wants the recent encroachment of government agencies into the lives of private citizens to be reeled back. He has spoken several times of his support in allowing the expiration of the Patriot Act at the end of May 2011 following a final 90-day extension given by the Congress in February.

On the equally explosive subject of gay rights, Johnson offers a qualified backing on the issue, supporting civil unions for gay couples but stopping short of marriage.


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