The federalist provenance of the principle of privacy

The right to privacy is the centerpiece of modern liberal constitutional thought in the United States. But liberals rarely invoke “the Founding” to justify this right, as if conceding that the right to privacy was somehow a radical departure from “original meaning,” perhaps pulled out of the hat by “activist” judges taking great interpretive liberties with the constitutional text. Far from being an unorthodox and modern invention, I argue here that privacy is a principle grounded in the very architecture of the Constitution as enumerated in its Articles, perhaps even more so than in particular sections of the Bill of Rights, as is currently understood. More specifically, modern liberalism’s articulation of the right to privacy in the twentieth century against state legislative leviathans bears a family resemblance to three principles in the Federalists’ political theory, which introduced the new federalism, the new liberalism, and the new republicanism, which in turn are embedded in three interrelated structural innovations that would presage the modern turn to privacy: (1) the establishment of a stronger union would nationalize rights and introduce the radical idea that the federal government was not antithetical to liberty but would better guarantee it (the new federalism); (2) the creation of a large republic would acknowledge that fellow citizens, even more so than kings, can threaten our liberties (the new liberalism); and finally, (3) the introduction of the separation of powers would reverse the classical commitment to homogeneity and affirm instead the virtue of heterogeneity in understanding and constituting the republican commonweal (the new republicanism)

The American people in crisis: A content analysis

This study examines how images of the American electorate were deployed after the 11 September 2001 terrorism incident and during the Clinton impeachment. Transcripts of congressional proceedings, news coverage, and presidential campaign addresses were analyzed to determine how the phrase the American people was used during these two crises and in unrelated presidential campaign speeches. The analysis considered the roles, actions, qualities, and circumstances ascribed to the people, as well as the time orientation and the forces aligned against the people. The results show that (1) relative to presidential campaign rhetoric, both crises resulted in greater concentration on the electorate; (2) the crises differed from one another as well, with the impeachment texts featuring a contentious electorate and the 11 September texts identifying the people’s psychological strengths and anxieties; and (3) both crises were also affected by exogenous factors—partisanship in the case of impeachment, and the passage of time for the terrorism incident

CD4+ T cell recovery during suppression of HIV replication: an international comparison of the immunological efficacy of antiretroviral therapy in North America, Asia and Africa

Background: Even among HIV-infected patients who fully suppress plasma HIV RNA replication on antiretroviral therapy, genetic (e.g. CCL3L1 copy number), viral (e.g. tropism) and environmental (e.g. chronic exposure to microbial antigens) factors influence CD4 recovery. These factors differ markedly around the world and therefore the expected CD4 recovery during HIV RNA suppression may differ globally. Methods: We evaluated HIV-infected adults from North America, West Africa, East Africa, Southern Africa and Asia starting non-nucleoside reverse transcriptase inhibitor-based regimens containing efavirenz or nevirapine, who achieved at least one HIV RNA level <500/µl in the first year of therapy and observed CD4 changes during HIV RNA suppression. We used a piecewise linear regression to estimate the influence of region of residence on CD4 recovery, adjusting for socio-demographic and clinical characteristics. We observed 28 217 patients from 105 cohorts over 37 825 person-years. Results: After adjustment, patients from East Africa showed diminished CD4 recovery as compared with other regions. Three years after antiretroviral therapy initiation, the mean CD4 count for a prototypical patient with a pre-therapy CD4 count of 150/µl was 529/µl [95% confidence interval (CI): 517-541] in North America, 494/µl (95% CI: 429-559) in West Africa, 515/µl (95% CI: 508-522) in Southern Africa, 503/µl (95% CI: 478-528) in Asia and 437/µl (95% CI: 425-449) in East Africa. Conclusions: CD4 recovery during HIV RNA suppression is diminished in East Africa as compared with other regions of the world, and observed differences are large enough to potentially influence clinical outcomes. Epidemiological analyses on a global scale can identify macroscopic effects unobservable at the clinical, national or individual regional leve