Fellows

Fifty years ago today, the Supreme Court recognized the constitutional right to an attorney for criminal defendants, even when they cannot afford one. Today, however, “the sad truth is that there is no universal right to counsel.”

Fifty years ago, the Supreme Court unanimously announced in Gideon v. Wainwright that the Sixth Amendment guarantees to every criminal defendant in a felony trial the right to a lawyer. Today, however, there is a vast gulf between the broad premise of the ruling and the grim practice of legal representation for the nation’s poorest litigants.

Although President Obama began his first term by pledging to bring an unprecedented level of transparency to government, he has largely continued and even intensified his predecessor’s secretive practices in matters of national security.

When Congress resumes later this month, the Senate may finally change its rules concerning the filibuster — the procedure whereby the minority can block legislation from a final vote unless the majority can muster a supermajority of 60 votes.

As conservatives have shown in Citizens United, a sustained multipronged effort can bring about substantial change. It would be the most delicious of ironies if the true legacy of Citizens United was not a permanent distortion in politics due to big money, but as an inspiration for a successful counteroffensive.

Instead of relying on stereotypes, law enforcement officials should focus on signs of actual criminal conduct. And they should build strong, trusting relationships with American Muslim communities — relationships that will enable us to more effectively fight our common enemy.

We should repel the push to make voting harder for millions of Americans. But if lawmakers really want to protect the integrity of our elections, modernizing our registration system is the answer.

The Police Department has the formidable responsibility of keeping New Yorkers safe from a terrorist attack. It is entrusted with significant powers and broad discretion in how to use them. It has done an admirable job in preventing violence. But last week, we were reminded that no government entity with such powers should operate free from independent oversight.

The danger of excessive government secrecy is a lesson we should have learned over the last decade. Although the proper classification of information is vital to keeping the nation safe, “overclassification,” as the 9/11 Commission found, jeopardizes national security by inhibiting information sharing within the federal government and with state and local agencies.

Congress and the public should demand more oversight of changing FBI rules on domestic surveillance.