What Makes You Feel Free?

Armando points to this WaPo article in which we find that John Roberts does not believe in a right to privacy. Now, I realize that this is really an arcane legal debate, but I wonder how it plays politically?

According to this Gallup Poll (pdf)from 2003 (when we were in high GWOT “fear-up) this is how the American people saw it:

Tell what makes you feel free?

36.

Next I am going to read some basic American rights. For each one, please indicate whether this is crucial to your own sense of freedom, very important but not crucial, somewhat important, or not important at all.

How about – [RANDOM ORDER]?

2003 Nov 10-12

Crucial—very important—Somewhatimportant—Not Important—No opinion

The right to vote 60 37 2 1 *

Freedom of religion 55 39 5 1 *

The right to free speech 52 40 7 1 *

The right to due process 52 37 7 1 3

The right to privacy 47 44 9 * *

The right to petition the government 44 37 15 2 2

Protection against unreasonable searches/seizures 40 39 16 2 2

Freedom of the press 36 37 22 4 1

The right to keep and bear arms 30 26 27 15 2

Interesting, don’t you think? It would appear that a rather large number of Americans not only believe they have a right to privacy, they believe it is more crucial than freedom of the press and the right to bear arms.

I think that this is one of those big ticket “superjumbo” items that Democrats should begin to stake out. This issue is not just one that applies togovernment, but business as well and with companies selling our personal information to the highest bidder and the government and religion encroaching into our private lives, this issue is becoming more and more salient.

The Republicans are always introducing constitutional amendments and bills that have no chance of passage in order to stake out their position on constitutional issues. We should do this too. And our elected representatives should say loud and clear that we believe in a right to privacy. Let the Republicans explain why they don’t.

This seems like a no brainer to me. Guys like Rick Santorum are now just coming right out and saying that they don’t believe in a right to privacy and we are about to put a new justice on the Supreme Court who believes that the Bill of Rights does not imply such a freedom. Ok. Let’s amend the constitution and make it explicit, then. 91% of the public are with us. And I suspect they are going to be a bit surprised to learn that there are big thinkers out there in the GOP who believe that this very important, crucial right doesn’t exist at all.

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