The daily record., 1952-01-21
SekeAky

CIVIL LIBERTIES

III LQe long history OF our peO-
pie, more than 300 years upon this
soil, the question of what is now
adays called civil liberties" rare
ly arose. The normal American
term for what is meant by civil
liberties" is the rights of the in
dividual.
In the Declaration of Indepen-
dence, this is stated in clear terms;
". That all men are created
equal, that they are endowed by
their Creator with certain unalien-
able rights, that among these are
life. liberty, and the pursuit of
In the Constitution, about "a
such rights are guaranteed to each
individual, These rights may be
summarized as follows:
l. Right of the writ of habeas
corpus.
2. Protection against the passage
of bills of attainder and ex post
facto laws.
8. Equality before the law by
forbidding the creation of titled
class by prohibiting the Federal
G. Government from granting titles
A. Right to speedy public trial
in case of accusation of crime be-
fore an impartial jury at the place
of commission of the crime.
5. Freedom of religion, press,
speech, assembly, and petition.
6. Right to keep and bear arms
for national defense.
7. Protection against the unlaw-
full quartering of troops
8. Right to Grand Jury indict-
ment before trial for a crime, and
to be confronted with witnesses.
and to have the compulsory pro-
cess to obtain witnesses and the
assistance of counsel to establish
innocence.
8. Protection against umeason-
able searches and seizures.
TO- Protection against self-incri-
mination in any trial or the Civ
ing of testimony.
IL. Protection against being
twice placed in jeopardy of life or
limb for crime.
u. Protection against cruel and
unusual punishments and excessive
bail.
13 Right to just compensation
for any property taken for public
use.
IA. Right to trial by jury in civil
cases.
Is. Protection against being de-
prived of life. liberty. or property
si1 o4+ due process of law. -
l6, Protection against the i'm
pairment of tie obligations of con-
tracts by the states.
II. Equal protection of the laws.
49, Guarantee of a republican
form of government in the state in
which citizen resides.
10. Protection from slavery and
involuntary servitude except as
punishment for crime.
20. Protection from abridgment
by the states of the privileges and
inmunities of citizens of the United
States.
81. Right to hold public office
under the United States if the cit
izen meets the statutory and con-
stitutional qualifications.
%. Right to freedom of entrance
into and exit from state.
"a Protection from domestic vio-
lence and foreign invasion.
"a. Protection from the abridg-
ment of the right to vote by a
state on account of race or sex.
The individual American lived, on
the whole, peacefully, without much
regard to his rights, which he took
for granted. He lived and let others
live, avoiding controversy on the
subject
In the Yale Law Journal appear
ed an article some time ago which
began with the paragraph:
Those who look to the govern
ment for protection or gain have
long. recognized the comparative
inadequacy of individual action.
They have learned that govern
ment will best serve those who
merge their efforts into effective
Ot OtSd14iAdt1OlS.
In a word. according to these
lawyers, americans do not enjoy
their constitutional rights, privi-
leges and immunities unless pres
sure group fights for them. This
cannot be established as true in
the whole of American history, al
though those who are excited a
bout civil liberties" usually begin
their American history sometime a.
round 1898, as though nothing had
happened before then.
Actually, the pressure groups
generalize from the particular, ac-
cepting an evasion of rights or an
imposition OF mob rules, or any
other civic improperly as normal
to American life. 1t is much like
assuming that the smoking Of mari
juana is normal to American life
because a few dopes engage in it.
They declare the abnormal to be
normal and by such twists of fact
have business? In 1947 did he
own an unusually large diamond