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TENSION BETWEEN CIVIL LIBERTIES AND NATIONAL SECURITY IN CONTEMPORARY AMERICAN SOCIETY
INDEX
Intro
Civil Liberty
o Over view
o Global Concept
o American Constitutional Provisions
o Protection of Civil Liberty
American Civil Liberties Union (ACLU)
National Security
o External Factors Affecting National Security
Terrorism
Migration (Legal & Illegal)
Trade war and Competition
International Policies & Enemy Countries
o Internal Threat to National Security
Organized Crimes
Racism
Intro
Raising tensions between ‘Civil Liberty’ and ‘National Security’ is a subject of importance in the
present American Scenario, because of the growing interest in protecting these two.
As one of the most powerful and leading countries in the world, America is facing threat to its
National Security from various National and international points. National Security is an utmost
priority for any nation and it is the duty of the Ruling Government to eliminate or resolve
threats to its National Security whether it is internal unrest or external threat.
On the way towards protecting the National security of America, there are few steps and
actions by the Government bodies which may be considered as encroachment to the ‘Civil
liberties’ of its own citizens. Whenever there is an intrusion to any kind of civil liberty or civil
right of its society by the Government, that action of intrusion may disturb general public of
that country and which may leads to resistance and reactions from the people.
People of every civilized society are more concerned about their fundamental rights even
though they are not that much worried about their own fundamental duties to the Society and
their Nation.
People love freedom and they are ready to fight for it, but they generally forget about safety till
they get attacked. People always forget the fact that “you should be safe first, to enjoy your
freedom”. Every individual want to enjoy his or her civil liberties without any restriction and
they are not ready to surrender it even for the benefit of National Security.
The changing priorities of Civil Liberties in the society and the strict actions taken by the
Government bodies to protect National Security is creating frictions between the concept of
protecting Civil Liberty and idea to protect National Security.
***
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CHAPTER -1
CIVIL LIBERTY [An Overview]
Civil Liberties are considered as unalienable rights of people which has extracted from the
concept of Natural law,
As per John Locke "the law of nature is grounded on mutual security, or the idea that one
cannot infringe on another’s natural rights, as every man is equal and has the same inalienable
rights. These natural rights include perfect equality and freedom and the right to preserve life
and property. Such fundamental rights could not be surrendered in the social contract."
But as per John Winthrop, “Natural liberty simply meant that man, like beasts, has liberty to do
whatever he wants to do--good or evil”. Winthrop said that natural liberty "makes men grow
more evil, and in time to be worse than brute beasts."
It is understood from the idea of John Winthrop that any animal in the world is having its
natural right to live and struggle for its survival, but for the maintenance of a responsible
human society it is very important to have natural rights based on Moral principles
John Locke’s argument on Natural Right was on the basis of modern social situation and when
we look back into the roots of human evolution and forming of America as nation, we can see
very strong changes in the priorities of Civil Liberties in American society and various additions
and changes in the list of provisions in its Civil Liberates.
In global sense, Civil liberties or personal freedoms are personal guarantees and freedoms that
the government cannot abridge, either by law or by judicial interpretation, without due
process. Though the scope of the term differs between countries, civil liberties may include the
freedom of conscience, freedom of press, freedom of religion, freedom of expression, freedom
of assembly, the right to security and liberty, freedom of speech, the right to privacy, the right
to equal treatment under the law and due process, the right to a fair trial, and the right to life.
Other civil liberties include the right to own property, the right to defend oneself, and the right
to bodily integrity. Within the distinctions between civil liberties and other types of liberty,
distinctions exist between positive liberty/positive rights and negative liberty/negative rights.
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Civil liberties in the United States are certain unalienable rights retained by (as opposed to
privileges granted to) citizens of the United States under the Constitution of the United States,
as interpreted and clarified by the Supreme Court of the United States and lower federal courts.
Civil liberties are simply defined as individual legal and constitutional protections from entities
more powerful than an individual, for example, parts of the government, other individuals, or
corporations. The liberties explicitly defined, make up the Bill of Rights, including freedom of speech, the
right to bear arms, and the right to privacy
Jennifer Williams defines Civil Liberty as “rights guaranteed to the people by the United States
Constitution and by court-made law or legislation. These liberties allow us to speak out freely
against our government, express our opinions, organize protests and worship in whatever way
we choose. It was important to the early settlers that we have these liberties in order to be
protected from unnecessary government intrusion. These liberties are included in the Bill of
Rights, the first 10 amendments to the United States Constitution, and include the right to
privacy, the freedom of speech and the right to bear arms”
State as the protector of its people has the duty to protect and safeguard the civil liberties of its
entire citizens,
Civil Liberties rooted in the Bill Of Rights, limits the powers of the American federal
government. The government cannot take away the freedoms outlined in the Bill of Rights, and
any action that encroaches on these liberties is not legally accepted.
The 14th Amendment, ratified in 1868, protects citizens against state infringements of the rights
and liberties guaranteed in the Constitution. In the early part of the twentieth century, courts
began the practice of Incorporation, enforcing the Fourteenth Amendment by forcing state
governments to abide by the Bill of Rights. To do so, courts urged Selective Incorporation by
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asking the states to incorporate select parts of the Bill of Rights rather than all ten
amendments. By 1969, however, the entire Bill of Rights had been incorporated by the
Supreme Court.
The efforts led by the ACLU’s National Security Project oppose the compromise of civil liberties
in the name of national security. In this context, the ACLU has condemned government use of
spying, indefinite detention without charge or trial, and government-sponsored torture etc.,
When it comes to the right of prisoners, The ACLU's National Prison Project believes that
incarceration should only be used as a last resort, and that prisons should focus on
rehabilitation. The ACLU works to ensure that prisons treat prisoners in accordance with the
Constitution and domestic law. The ACLU's Project on Speech, Privacy, and Technology
promotes "responsible uses of technology that enhance privacy protection”.
ACLU's position on Second Amendment is that it protects a collective right to own guns rather
than an individual right, despite the 2008 Supreme Court decision in District of Columbia v.
Heller that the Second Amendment is an individual right. ACLU stick on its position based on the
phrases "a well-regulated Militia" and "the security of a free State".
ACLU opposes any effort to create a registry of gun owners and has worked with the National
Rifle Association (NRA) to prevent a registry from being created,
ACLU’s stand on protecting Civil Liberties over National Security measures is adding fuel to the
increasing tensions between protection of Civil Liberty and National Security efforts.
***
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CHAPTER - 2
American attitudes on gun ownership date back to the American Revolutionary War, and find
an origin also in the hunting/sporting ethos and the militia/frontier ethos that draw from the
country's early history.
The militia/frontiersman spirit derives from an early American dependence on arms to protect
themselves from foreign armies and hostile Native Americans. Survival depended upon
everyone being capable of using a weapon. Prior to the American Revolution there was neither
budget nor manpower nor government desire to maintain a full-time army. Therefore, the
armed citizen-soldier carried the responsibility. Service in militia, including providing one's own
ammunition and weapons, was mandatory for all men.
At the end of Cold war there was a rise of Private Equity (PE) and at the same time United
States dependency on private military companies/contractors (PMCs) increased. America
started using military contractors in every major conflict since the American Revolution.
According to the Congressional Research Service, within the last few years the U.S.’
dependence on contractors has grown to the point where about half of the U.S. Armed Forces
in Iraq and Afghanistan is employed by private military contractors.
The military–industrial complex (MIC) is an informal alliance between a nation's military and
the defense industry that supplies it, seen together as a vested interest which influences public
policy. A driving factor behind this relationship between the government and defense-minded
corporations is that both sides benefit—one side from obtaining war weapons, and the other
from being paid to supply them. The term is most often used in reference to the system behind
the military of the United States, where it is most prevalent due to close links between defense
contractors, the Pentagon and politicians and gained popularity after a warning on its
detrimental effects in the farewell address of President Dwight D. Eisenhower on January 17,
1961. In 2011, the United States spent more (in absolute numbers) on its military than the next
13 nations combined
Americas’ high dependency on private military companies/contractors (PMC s), and the strong
influence of Military Industrial Complex (MIC) in Defense purchase and International Military
actions are creating long term adverse effect to its own National Security, by generating more
war fields and a worldwide anti-American feeling.
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The after effect of war and the way America deals with it again attract various concerns on Civil
Liberty.
The system of military tribunals proposed by President Bush and modified by the Department
of Defense also raises serious due process concerns. Proposed standards for these tribunals
may violate provisions of the Geneva Convention, which provides that defendants should be
afforded the right to see the evidence against them, the right to a unanimous verdict and the
right to an independent appeal. A related concern involves the designation of U.S. citizens and
others accused of terrorism as "enemy combatants," which allows the government to deny
them access to counsel, remit them to military tribunals, detain suspects indefinitely, and
refuse appeals.
SECOND AMENDMENT
The Second Amendment (Amendment II) to the United States Constitution protects an
individual right to keep and bear arms. It was ratified on December 15, 1791 as part of the Bill
of Rights
Its reads: "A well-regulated Militia, being necessary to the security of a Free State, the right of
the people to keep and bear Arms, shall not be infringed."
The Second Amendment introduced as a Civil Liberty is providing open road to fire arm
manufacturers and dealers to continue their unrestricted production and sale of fire arms to
the civilians,
National Rifles Association & Gun Owners Association in America use this amendment as their
best tool of defense against anti-arm arguments, Even though there are increase in mass
shooting and killings in public areas by civilians the NRA argue for the need of more weapons in
the public platforms,
The NRA Chief Wayne LaPierre comment that: “The Only things that stops bad guy with a gun is
a good guy with a gun”
The NRA is continuously involved in promoting and lobbying for anything which increase the
sale of fire arms in America and in the rest of the World, and they always stress on their
constitutional right on keep and bear arms on the basis of Second Amendment.
Second amendment as a civil liberty causes direct and indirect threats to National Security of
United States.
8
When it comes to the Arms production Industry, American companies lead the show,
According to the report released by Stockholm International Peace Research Institute (SIPRI)
on 10 December 2018, Arm producing companies based in the United States continued to
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dominate the Top 100 in 2017. Taken together, the arms sales of US companies grew by 2.0 per
cent in 2017, to $226.6 billion, which accounted for 57 per cent of total Top 100 arms sales. Five
US companies were listed in the top 10 in 2017. ‘US companies directly benefit from the US
Department of Defense’s ongoing demand for weapons,’ says Aude Fleurant, Director of SIPRI’s
Arms and Military Expenditure Program.
U.S. companies "accounted for 57 percent of total Top 100 arms sales" and 42 of these make
the "Top 100" companies in the global arms industries. Of those, "five U.S. companies were
listed in the top 10 in 2017,"
Aude Fleurant, SIPRI director of the Arms and Military Expenditure Program, said, "U.S.
companies directly benefit from the U.S. Department of Defense’s ongoing demand for
weapons," which could explain the necessity for a new war effort from the United States, after
backing out of the Middle East.
More war creates more enemies; more enemies create more threats to National Security, More
threat to National Security leads to more stringent actions by the Government bodies and
departments, strong actions leads to more intrusion to civil liberty.
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CHAPTER - 3
NATONAL SECURITY
National Security is regarded as the duty of Government to provide Security to the Nation
State, including its citizens, economy, and institutions.
The word 'National Security' is originally conceived as protection against military attack, but
now days it is widely understood to include non-military dimensions, including the security
from terrorism, crime, economic security, energy security, environmental security, food
security, cyber security etc. Similarly, national security risks include, in addition to the actions of
other nation states, action by violent non-state actors, narcotic cartels, and multinational
corporations, and also the effects of natural disasters.
Governments rely on a range of measures, including political, economic, and military power, as
well as diplomacy to enforce national security. They may also act to build the conditions of
security regionally and internationally by reducing transnational causes of insecurity, such as
climate change, economic inequality, political exclusion, and nuclear proliferation.
Under Obama Administration, The U.S. Armed Forces defined national security of the United
States in the following manner
"A collective term encompassing both national defense and foreign relations of the United
States; Specifically, the condition provided by:
Various external factors are affecting the National Security of United States and list of these
factors are changing time to time
TERRORISM
From the tragic event of 9/11, Terrorism sponsored by Islamic Jihadi groups were projected as
the biggest threat to National Security of America. But serious corrective steps and measures to
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protection introduced by Government bodies of America has reduced the chances of External
Terror attack to America.
However, Terrorists ideologies are influencing people from America and motivating them to
initiate Terrorist attacks in their own American society.
On 16 September 2001, at Camp David, U.S. President George W. Bush used the phrase ‘war on
terrorism’ in an ostensibly unscripted comment when answering a journalist's question about
the impact of enhanced law enforcement authority given to the U.S. surveillance agencies on
Americans' civil liberties
However, U.S. President Barack Obama announced on 23 May 2013 that the Global War on
Terror was over, saying the military and intelligence agencies will not wage war against a tactic
but will instead focus on a specific group of networks determined to destroy the U.S. On 28
December 2014, the Obama administration announced the end of the combat role of the U.S.-
led mission in Afghanistan. However, the unexpected rise of the Islamic State of Iraq and the
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Levant (ISIL) terror group—also known as the Islamic State of Iraq and Syria (ISIS)—led to a new
operation against terror in the Middle East and South Asia, Operation Inherent Resolve.
In reality, War fields of America has expanded steadily after 9/11 attack throughout the world
with direct and indirect involvement of Military action and supply of weapon and training.
Expansion of War field means creation of more Enemies and War Victims, More enemies create
more threat to National Security and More War Victims leads to more concerns on Civil Liberty.
U.S Military action in the so called War fields and with the captured enemies from terrorism,
there was serious allegations of Civil Liberty violations such as torture and extraordinary
rendition, indefinite detention, targeted killing, trial by military commissions, warrantless
surveillance, and racial, religious, and other forms of profiling
On 29th January 2019, The Director of National Intelligence (DNI), Daniel R. Coats at the time of
presenting Worldwide Threat Assessment of the U.S. Intelligence Community to the Senate
Select Committee on Intelligence, He supported the claim of President Donald Trump that the
flood of migrants from Central America is causing a security crisis. The assessment includes
migration from Central America as one of the threats to national security.
This is not the first time the intelligence community has identified migration from Central
America as a security threat. The same finding was included in the Worldwide Threat
Assessment that former DNI James R. Clapper presented to Congress in 2016, which was during
the Obama administration.
Any kind of immigration, whether it is legal or illegal which if done in large scale to any society
may lead to economic, social, ideological, religious, racist issues and clashes, America as a
country which attract large scale of immigrants every year to its home land is forced to face and
deal with issues between different social groups; examples of this are conflicts between blacks
and Korean immigrants, notably in the 1992 Los Angeles Riots, and between African Americans
and non-white Latino immigrants. There has been a long running racial tension between African
American and Mexican prison gangs, as well as significant riots in California prisons where they
have targeted each other, for ethnic reasons. There have been reports of racially motivated
attacks against African Americans who have moved into neighborhoods occupied mostly by
people of Mexican origin, and vice versa. There has also been an increase in violence between
non-Hispanic whites and Latino immigrants, and between African immigrants and African
Americans.
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While previous administrations tried to deal with economic and security threats separately, Mr.
Trump has deliberately mixed the two, viewing another country’s trade practices as dangerous
to the United States as its military abilities.
It is a view he has espoused since the 2016 campaign trail, where he pushed his “America First”
agenda and vowed to protect companies that he believed were on the losing end of global
trade. Once in office, Mr. Trump immediately pulled the United States out of the multinational
Trans-Pacific Partnership and initiated investigations into imported goods, like washing
machines and solar panels, that he believed were flooding the American market
During January 2019, The Government Accountability Office (GAO) released a report
highlighting the most significant threats to American security. The report identifies the
following four broad threat categories: Adversaries’ Political and Military Advancements, Dual-
Use Technologies, Weapons, and Events and Demographic Changes
Trade relationship between countries other than United States in the field of weapon industry,
information technology and space research are raising national security concerns in America
According to senior Trump administration officials, the national security threats against the
United States have changed dramatically during the recent past,
Whereas homeland security and federal investigators used to focus on fighting terrorism
abroad, FBI and Department of Homeland Security leaders are in the opinion that the fight has
come home because the threats are now stateside as well as in cyberspace.
The top five areas of concern to the senior officials fall into the categories of critical
infrastructure, cyber security, terrorism, border security, and drones. China, Iran, North Korea,
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and Russia are the countries with both the intent and capability to attack the U.S. in
cyberspace.
Organized crime threatens the economy, national security, and other interests of the United
States Illustrating that the threats from organized crime remain; former Attorney General
Michael Mukasey reconvened the Organized Crime Council (OCC) in April 2008 to address the
evolving threats from organized crime.
Beyond the individual illegal activities committed by organized crime groups (e.g., gambling,
prostitution, labor racketeering, smuggling/trafficking, extortion, theft, murder, and money
laundering), the OCC has indicated that these organizations may
The domestic impact from the activities of organized crime groups thus extends beyond what
many may consider to be traditional organized crime activities. Congress may wish to consider
the impact of organized crime on domestic issues of immediate concern, such as the economy
and national security.
FBI Report says that the Transnational organized crime (TOC) groups constantly seek to obtain
power, influence, and monetary gains. There is no single structure under which TOC groups
function—they vary from hierarchies to clans, networks, and cells, and may evolve into other
structures. These groups are typically insular and protect their activities through corruption,
violence, international commerce, complex communication mechanisms, and an organizational
structure exploiting national boundaries
RACISM
America for even controlling the election process, Clashes between different ethnic groups and
interference of Outside powers into it to use that for their personal benefit may attract real
problems to National Security of United State.
After the 9/11 attacks, Muslim-American communities were victimized by domestic and
international policies that chased down an Islamic threat that jeopardized national security
inside and outside American boundaries.
***
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CHAPTER - 4
CIVIL LIBERTY & NATIONAL SECURITY
Interconnection:
Objectives of Civil Liberties and Measures to protect National Security in America often shows
contradictory relationship; at the objective side they may merge but when it comes to the
result side they move away to opposite direction.
For example, Civil Liberty introduced by Second Amendment to protect the right to keep and
bear arms has formulated with an object of maintaining a well-regulated Militia to secure the
Free State, which means the objective of Second Amendment was nothing but ‘National
Security’, but when the Second Amendment lead America to the top position in the World in
terms of Civilian ownership of fire arms is creating threat to ‘National Security’ of America itself.
Tensions:
Tensions between Civil Liberty & National Security in the contemporary American Society can
be summarized on the basis of points discussed in this book,
As we discussed earlier, Civil Liberties are Unalienable Rights, any infringement to any of the
Civil Liberties are considered as illegal
The drastic steps and actions taken towards Protection of National Security by the U.S.
Government after 9/11 incidents has raised concerns over infringement of Civil Liberties.
People always considered that the Civil Liberty was an absolute right allotted to them which is
beyond the reach of Government bodies, but the priority of the ruling Government was the
protection of National Security, more than privacy and fundamental rights of the people.
Ongoing friction between these two interests has elevated tensions between the concepts of
Civil Liberty & National Security.
Protection of National Security measures adopted by United States against terrorism and
expanding war fields also has raised concerns over infringement of Civil Liberties of War
Victims, Captured Enemies and suspects.
17
Surveillance and security measures used and performed by Government bodies like NSA, DIA,
CIA, and FBI are causing serious allegations on the infringement of Civil Liberty of people inside
as well as outside of America.
Lack of review on the actions of Security departments facing allegation on intrusion to Civil
Liberty is also creating tensions between Civil Liberty protestors & National Security protectors.
CONCLUSION
Civil liberty to bear Arms, Right to Privacy and freedom, Social Justice against racism, Civil
liberties of Migrants, War Victims, suspects, enemies captured or killed etc., are few of the
most discussed Civil Liberties in the United States at present and these Civil Liberties are been
alleged as compromised by the strengthened actions by the Government bodies to protect the
National Security of America.
Like any other civilized society in the world, People of Contemporary American society also fight
for the protection of their Civil Liberties, but they frequently forget the need of Safety till they
get attacked.
There for my point is, any reasonable intrusion to the Civil Liberty can be granted if it is really
needed for the protection of National Security, provided that the assessment of the degree of
requirement of intrusion has to be controlled and reviewed by an appropriate authority,
Due process of Law should be followed in treating criminals and suspects which is the need of
Human right protection today.
Reducing the use of fire arms or its production is not an easy task, but I strongly believe that the
second amendment should be repealed and gun production and supply should be controlled in
America, further to it, America’s dependency on Private Military Contractors should be reduced
step by step.
America should also adopt Transparency and accountability in military spending, arms
procurement procedures- whether from domestic or overseas sources-are highly susceptible to
waste and corruption. Even in the absence of dishonesty, poor processes can lead to purchases
with high cost but questionable strategic purpose, severe delays and cost overruns.
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In the United States, a 2010 Government Accountability Office (GAO) report found that the 98
ongoing Major Defense Acquisition Programs were collectively $402 billion over budget
In my opinion, the growth of private weapon production companies and their interest on War
and Terror is the most important factor which increases the number of War fields in the world.
The end result of the growing business of weapon production companies will be nothing but
the growing threat to Civil Liberties and National Security.
America should adopt other viable options to fight terrorism other than war and use of military
weapons, such as, economic and political sanctions against Terrorist organizations and leaders,
isolating and suppressing terror supporters, collective movement by terrorism affected
countries, strong international law implementation and control etc.,
Cutting down the fund sources of Terrorists organization is the best idea to stop their functions
other than fighting them with deadly weapons.
Strong initiative and public support is required to change the war culture which is spread over
the world. Let us pray to the God to give immense confidence and power to the world leaders
to stop killing business and start activities which benefit the whole mankind.
***
“Loka Samasta Sukhino Bhavantu” – (in Sanskrit), meaning “Let the whole world be in peace
and happiness”
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LIST OF REFERENCE
AmbuRaja RS Achary
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