Constitutional Rights and Civil Liberties

From Critiques Of Libertarianism
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Almost all US political groups want Constitutional rights and civil liberties preserved or extended. Libertarians have their own myopic viewpoints that they want implemented. They oppose incorporation of Constitutional rights against individuals and business. They deny civil liberties such as privacy rights, except when government is involved.

The biggest libertarian interest in Constitutional rights is for the Second Amendment. But they tend to overlook Private Limitations Of Liberty, and resist attempts to use constitutional law to limit private citizens and businesses.


Algorithmic Prison (18 links)
The algorithmic prison idea is that big data allows business and government to deny us loans, jobs, right to travel, etc. without our knowing why or being able to contest and change the data. This also makes us very vulnerable to dirty tricks.
Judicial Review (2 links)
Libertarians decry judicial review when it goes against their desires. They frequently charge that it is not an enumerated power, conveniently overlooking the fact that it can be construed as part of the Constitutional judicial power, and was discussed as such before ratification.
Let It Bleed: Libertarianism and the Workplace [More...]
"What makes the private sector, especially the workplace, such an attractive instrument of repression is precisely that it can administer punishments without being subject to the constraints of the Bill of Rights. It is an archipelago of private governments, in which employers are free to do precisely what the state is forbidden to do: punish without process. "
Mechanism, Not Policy: Creation Of The Second Invisible Hand
Libertarians and their right wing ilk read far too much into the Constitution. It was not meant to spell out many specifics: but rather to provide a mechanism for reigning in law.
Tenther movement (5 links)
Crank states' rights advocates who would prefer that the powers delegated to the federal government be construed VERY narrowly, invalidating most of the past 200+ years of federal law. They would prefer that the states retain these powers (10th Amendment), so that slavery or other state abuses could not be outlawed federally.
The Right to Have Rights [More...]
An overview of In Praise of Litigation by Alexandra Lahav. Our rights to sue are slowly being limited, not just by “litigation reform” acts but particularly by Supreme Court decisions that made it harder for plaintiffs to challenge secret wrongdoing by companies, enhanced government officials’ immunity from private lawsuits, enforced mandatory arbitration clauses in standard form contracts, limited the jurisdictional reach of federal courts, etc. The common theme is increasing restrictions on the ability of ordinary people (or small businesses in some cases) to challenge illegal actions by large companies and governments.
The Unfreeing of American Workers [More...]
"You might say, with only a bit of hyperbole, that workers in America, supposedly the land of the free, are actually creeping along the road to serfdom, yoked to corporate employers the way Russian peasants were once tied to their masters’ land."
We understand the Constitution, they do not. (7 links)
This libertarian attitude shows a profound ignorance of how the law ascribes meaning to documents such as the Constitution. This is explained further.


Outside a unionized workplace or the public sector, what most workers are agreeing to when they sign an employment contract is the alienation of many of their basic rights (speech, privacy, association, and so on) in exchange for pay and benefits. They may think they’re only agreeing to do a specific job, but what they are actually agreeing to do is to obey the commands and orders of their boss. It’s close to a version of Hobbesian contract theory—“The end of obedience is protection”—in which the worker gets money, benefits, and perhaps security in exchange for a radical alienation of her will.
Chris Bertram, "Let It Bleed: Libertarianism and the Workplace"