Where does it say in the Constitution that Liberty can be traded for security?

Question

We keep hearing about this balance between liberty and security. What gives anyone the right to circumvent the Constitution and the Bill of rights for any reason?

It doesn't say "This Constitution will be null and void if there is a threat to our security.

As Jefferson said if you trade liberty for security you have neither..

Katja... You are already under terrorist attack. its called the Bush Administration... Your right to habeus corpus, which pretty much wipes out the Bill of Rights, the removal of the posse comatatus act, allowing the federal government to act as a police force to squash civil disobedience. Your phones are being wiretapped by the US government, not AL Quieda.

If your willing to give up your rights to let someone else protect you, why not just put a dictator in charge.. Why not let AlQuida run the country, because its the same thing...

Michael F. The question was about our Constitution not AlQuida's. What gives anyone the authority to suspend it for any reason other than a declared war, which gives the President rights to act against the enemy not Americans.

katjha... Good answer but your comments are very naive. You assume the government is going to do the right thing.

Did they do the right thing when F. Roosevelt woke Japanese Americans in their sleep and dragged them into camps?

Did Adams do the right thing we he created the alien and sedition acts to jail American newspaper editors?

Did Wilson do the right thing we initiated the espionage act that were neccessary to save american lives that he used to investgate 2,000 Americans only guilty of advocating peace?

On top of that AlQuida has become even more of a threat while your civil liberites have eroded to the point of where most provisions in the Bill of Rights are ineffective.

This war wasn't and still isn't a matter of our National Security, its a matter of a group of extremists calling themselves who are a much bigger threat to our freedom than those they are fighting..

sorry ommission... ...Americans calling themselves Neocons.....

Also one more thing.. The right to habeus corpus has been suspended for American citizens.. If your declared an enemy combatant, taken away, jailed, no access to a court, or attorney and your American. What are you going to do about it? Lets say they just made a mistake, but decided not to release you because of the negative publicity?

Answer 1

"Its just a G$# D^& piece of paper" according to our president. There actually are procedures in our constitution for suspension of civil liberties in the event of a REAL (and imminent) threat to our security. The founders realized that there may be times when certain liberties had to be temporarily suspended. Unfortunately, it is the agenda of this administration to permanently redefine the constitution to provide us with as few liberties as possible all the time.

EDIT: To all of you who say that the current threat justifies a suspension of liberties I have this question: Why don't you amend the constitution then rather than just ignoring it?

Answer 2

OK.. there are references in the Constitution..anywho.. I would lose certain liberties as a matter of keeping me, my family, my child, my friends, and my fellow citizens safe. I would hate to live in a country where I had to constantly worry that somewhere I was going was under threat, and I may never leave or make it there.. never be able to fly in a plane, never be able to drive because the interstate might blow up. Go into a store, not knowing if I was risking my life going grocery shopping, etc... take my son to the hospital knowing it would probably be the site of a terrorist attack.. imagine living in that fear every single day... I wouldn't.. I want people to know not to mess with the US... and know that it would be very hard for another terrorist attack to ever happen on our soil again.. but that's just me


edit: The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion, the public safety may require it- it has not been suspended for citizens.. only for enemy combatants... so yours is well intact.. however this shows that there are references in the Constitution regarding security and that liberties can be suspended for security purposes.. They are not tapping my phones.. talk about paranoid.. even if they were, I don't really care.. you are calling out of your house.. so you don't have any right to privacy..
Why does everyone complain about the Patriot Act and Military Commissions Act when they do not have any effect on American Citizens.. and yet don't say anything about the Domestic Security Enhancement Act nicknamed the Patriot Act 2 which is the Act that needs to be thrown out and does have a huge impact on American Citizens.. people seriously need to get their priorities straight

Answer 3

There is nothing written in the Constitution that allows for a temporary or permanent elimination of any constitutional freedom.

However, when the constitution was written there was no Internet. There were no cell phones, in fact, there were no phones. There were no nuclear devices, no poisonous gas.

Like it or not, the degree of freedom we are accustomed to in this country makes us more vulnerable to individuals who will use those same freedoms to plot against us.

We're in a situation not unlike the British soldiers back in 1776 who didn't know how to fight against an army that would hide in the bushes and trees.

Some of the individuals bent on disrupting the way of life here will stop at nothing. If nothing else, 911 opened our eyes to an entirely new world of possibilities when it comes to perpetrating crimes against humanity.

This is not to say that most of the aspects of the "Patriot Act" are not over the top and frighteningly unconstitutional. That anyone can be imprisoned on a whim and held without a hearing, without legal counsel, without the authority holding them having to notify anyone they are in custody and without having to say why they are in custody is right out of the old KGB handbook.

We should be very concerned.

Answer 4

When is it the right time to fight Al-Qaeda? Bin Laden has said that he will not stop fighting the non Islamic world until everyone is a Muslim. What do you think they think of the Constitution? Due they think everyone is created equal? Do they have a Bill of Rights? They have one goal and that is to end the free world as we know it. So I ask you when is the time to fight this war and stand up for all men and women of this world and make it safe for everyone?

Gladiater: The problems lies with Al-Qaeda in the United States. Life would be easier if we all just had badges pined to our foreheads that said friend or foe. The problem is the US does not allow this so Al-Qaeda can operate freely in the US and plant their bombs and Kill free people. They do not respect anyone and they will kill anyone to make the news and win their War to convert the world to their way of thinking. On the other hand if your not Al-Qaeda then you do not have to worry about big brother he is not after you he is after the BAD guys! One more thing the US and Al-Qaeda are not the same and shame on you for even hinting that. As a vet I have given my freedom to protect your freedom as well as all military service members have. If you do not like America go to the middle east and live their for awhile. I have for three years of my life and you will come to understand freedom and what’s it like to have it and what it like when free men and women do not have it.

Answer 5

This is true,....in times of trouble the government is able to throw the consitution right out the window and declare Martial Law.

Answer 6

your right but there is a bunch of people now who are perfectly willing to trade liberty for security. Bush even said the constitution is nothing but a da-- piece of paper and the people cared less. we only care about liberty when ours is affected if its our neighbors liberty no big deal

Answer 7

Not a constitutional lawyer, sorry. But the most fundamental, totally MOST fundamental responsibility of a government is to defend its citizens.

9/11 proved that security is a real and present issue to US citizens. Whether you have the liberty to walk your dog on both sides of the street or just one, or the freedom from security searches at the airport, for example - is waaaay down the totem pole of government responsibilities.

Americans have grown verrrry complacent and have had the luxury to worry about the much less important issues. That's great. But when your basic life is threatened, we gotta get back to the primary responsibilities, and grin and bear the consequences. The "losses" are within reason and totally legal.

Not condoning random search and seizure of people off the street, but for example - profiling of airline passengers SHOULD be allowed - it works!

Answer 8

I think it was Ben Franklin.

No one in the US is trading liberty for security. We have both.

Answer 9

FEAR it makes people do dumb things!