The Pros and Cons of Involuntary Commitment of the Mentally Ill

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Few issues will motivate Americans to put down their cheeseburgers and pick up a shotgun faster than the threat of infringement upon their civil liberties. The right to choose what toothpaste to buy, what color socks to wear with those sandals, or what spiritual doctrine to follow, is fiercely defended by both conservatives and liberals alike. In fact, this commitment to personal liberty is what defines us as Americans, and sets us apart from the rest of the world (even if only in our own minds). This attitude is embodied in our presidential rhetoric: “America is a Nation with a mission - and that mission comes from our most basic beliefs. We have no desire to dominate, no ambitions of empire. Our aim is a democratic peace - a peace founded upon the dignity and rights of every man and woman”- (George W. Bush, 2004) By our military leaders: “Only our individual faith in freedom can keep us free.”(Eisenhower, 1960) As well as by our civil leaders: “Be peaceful, be courteous, obey the law, respect everyone; but if someone puts his hand on you, send him to the cemetery.” ( Malcolm X, 1965) As our national creation myth of George Washington and the Cherry Tree reminds us of our integrity as agents of free-will in the “land of the Free and home of the Brave”, to the anthropomorphic metaphor of Liberty that stands on Ellis Island, Americans sincerely believe that these held values and attitudes are what make us uniquely American. In fact, these virtual citizenry birthrights (historically excluding racial minorities and women arguably until the civil rights movements of the 1960s ,though the case may be made that this fight for equality is still a work in progress) are explicitly stated in the legal framework of our consti... ... middle of paper ... ...lifornia Law Review, 70(1), 54-106. Orwell, G. (1945). Animal Farm. London: Secker & Warburg. Public Papers of the Presidents, Dwight D. Eisenhower, 1960, p. 1035- 1040 Sarbin, J., & Mancuso, R. (1970). Failure of a moral enterprise; attitudes of the public toward mental illness. Journal of Counseling & Clinical Psychology , 35, State of the Union Address 2004 George W. Bush Szasz, Thomas Stephen, "The myth of mental illness; foundations of a theory of personal conduct", New York : Hoeber-Harper, 1961. Torrey, E. (2011, March 18). Restoring reason to treating mental illness. Retrieved from http://www.treatmentadvocacycenter.org/index.php?option=com_content&task=view&id=16&Itemid=45 U.S. Const. amend. I U.S. Const. amend. XIV. Wexler D, Developments in the law-civil commitments of the mentally ill, 87 Harvard Law Review 1190 (1974)

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