Freedom Around The World
Jack Balkin points out, via a friend, that the Iraqi Constitution guarantees liberties we do not enjoy. And, in spite of the obtuse commenter on that post, the Iraqi Constitutional provision in question does not change in the face of war.
In what other areas is our democracy deficient? We’re clearly exporting an inexpertly crafted good–though we tout democracy as the be-all and end-all of freedom, it’s far from perfected here. Some questions, then: What does ‘democracy’ mean? Ought religiously-based democracies and secular democracies to share the same word? How specific are we (or, perhaps, how specific was President Bush in his second state of the Union) in referring to the “spread of democracy”? Are we comfortable not having liberties guaranteed to citizens of other nations? Can we still be a city on a hill if we compromise our own liberties for security?
And, because I would hardly be a political blogger if I let this opportunity pass, what do we make of Ben Franklin’s assertion that “Those who would sacrifice permanent liberties for temporary security deserve neither liberty nor security?” Does that question fit here?
I obviously think so. How about you?
I mean to argue we don’t have that guarantee means that we drop the argument that what Bush did is illegal, which I think it most certainly is. The question I really see here is what is better a specific delineation in a constitution such as the Iraqi’s or the sort of constitution we operate under today in America.
Comment by Gary Nuzzi — January 25, 2006 @ 5:04 pm
I was sort of granting it arguendo, which I should have made more clear. At best, though, the legality of these wiretaps is murky. There are other things our Constitution definitely doesn’t protect that are protected in other nations (I’m thinking here about rules about how votes are cast and counted, for example).
Comment by Jonathan Margolick — January 25, 2006 @ 5:14 pm
It’s a tough call the kneer jerk reaction is to grant proper things all the way through, but part of me is reluctant seeking more room to make changes with the time instead of being tied down.
Comment by Gary Nuzzi — January 25, 2006 @ 5:56 pm