Can Civil Liberties and Homeland Security Achieve Balance?

Can Civil Liberties and Homeland Security Achieve Balance?

The terrorist events of September 2011 changed the way the U.S. handles security. Public civil rights and national security were affected as a result (Wong & Lovelace, n.d., p2). In efforts to combat terror acts, the Bush administration initiated the covert surveillance program, for example. The program has elicited debate over the years as regards the right to privacy of American citizens. The Bill of Rights is a fundamental component of the American constitution. The national security of the country and its people has to be upheld as well.  In its efforts to do so, civil rights must not be infringed. It is, however, essential to note that without national security, civil liberties cannot be fulfilled. The public would not enjoy freedoms that are currently enjoyed if the country was under siege (Holmes, 2001). In this regard, there is a need to strike a balance between civil rights and security measures.

Challenges

Protecting the public from terrorism involves search and seizure protocols. The Fourth Amendment is clear on search and seizure protocol (Stimson & Grossman, 2011). Constitutional rights dictate that searches and seizures should be carried out under certain conditions. Whether these conditions are met or not is highly debatable. Probable cause is one of the conditions warranting a search. Issues such as racial profiling have featured in attempts to carry out security measures. In this regard, the balance between civil rights and security measures seems to be lacking. The torture of terror suspects is also a highly debatable issue. Despite the imminent threat posed by terrorism, specific torture measures are deemed inhumane. As such, these measures are deemed to infringe on civil rights and liberties.

Surveillance programs, for example, are not in the public domain. Security reasons may hinder awareness of such a program, for example. Despite the security aspect being the reason behind the lack of public awareness, it infringes on civil rights to privacy. In this regard, a balance between civil liberties and security is difficult to achieve. While the DHS may argue that surveillance is imperative to national security, the public may say that it infringes on civil rights. In this regard, the public would say that there are alternative ways of promoting national security without invasion of personal privacy.

The balance between DHS and Civil Liberties

Constitutional rights cannot be enjoyed and implemented when the country is at war. It is in this regard that a balance is imperative. Searches and seizures are an essential aspect of homeland security measures. It, therefore, has to be carried out as necessary. Search and seizure procedures at ports of entries, for example, have contributed to the security measures success that has prevented possible attacks.  However, to achieve a balance, it has to be done without discrimination and harassment, for example. When carried out on religious or ethnic lines, then the civil liberties are breached. Harassment, such as the use of unnecessary force, is also tantamount to civil rights abuse. These two instances, therefore, while promoting national security tramp on civil liberties.

The DHS seeks to promote and preserve civil rights and liberties while fulfilling its mandate (Homeland Security, n.d.). Laws equally exist that protect against terrorism, and the public should willingly comply with these laws just as they comply with civil liberties. Enlightening the people on the security laws in place would go a long way in promoting awareness. Promoting a balance between civil rights and national security is achievable, albeit challenging.

References

Holmes, K. (2001). Balancing Security and Liberty. Retrieved 17 February 2020, from

https://www.heritage.org/homeland-security/commentary/balancing-security-and-liberty

Homeland Security. Civil Rights and Civil Liberties. Retrieved 17 February 2020, from

https://www.dhs.gov/topic/civil-rights-and-civil-liberties

Stimson, C., & Grossman, A. (2011). How Must America Balance Security and Liberty.

Retrieved 17 February 2020, from https://www.heritage.org/homeland-security/report/how-must-america-balance-security-and-liberty

Wong, L., & Lovelace, D. Homeland Security and Civil Liberties. Retrieved 17 February 2020,

from https://publications.armywarcollege.edu/pubs/1799.pdf