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This blog is the work of an educated civilian, not of an expert in the fields discussed.

Thursday, February 02, 2012

Vaclav Havel on "Democratic values"

Liberty in the constitutional sense must mean more than freedom from unlawful governmental restraint; it must include privacy as well, if it is to be a repository of freedom. The right to be let alone is indeed the beginning of all freedom.

-- Justice Douglas
Justice Goldberg also cited Douglas in another opinion regarding "from experience with the requirements of a free society" being a test to determine if a Ninth Amendment liberty is in question. Justice Harlan also provided a well cited dissent (like Brandeis' Olmstead dissent, now effectively the established view) that included something similar to determine what is "implicit in the concept of ordered liberty." All promoted privacy interests and took the motto that a page of history is helpful in determining what constitutional liberty entails.

Slavery is a way to determine what "liberty" entails as does looking to countries we have determined provide a contrast to our system. Thus, the words of Vaclav Havel are helpful:
Democratic values constitute the foundation of the state.
The freedom of thought, conscience, and religious conviction is guaranteed.
The inviolability of the person and of her privacy is guaranteed.
A person’s dwelling is inviolable. It may not be entered without the permission of the person living there.
Only a law may designate which acts constitute a crime.
Censorship is not permitted.
Everyone who suffers from material need has the right to such assistance as is necessary to ensure her a basic living standard.
Everyone has the right to the protection of her health.
Everyone has the right to education.
Everyone has the right to demand that her human dignity be respected.
"Democratic" is not a partisan label in this context though it arguably could be how things are these days.