Here's a deep, dark secret about civil liberties that nobody is supposed to admit to in public. Ready? Do not share this information; it does not make people happy.
All civil liberties are determined, to some degree, in the political arena.
Even those civil liberties that are deduced from overarching Constitutional principles are indirectly done so, because the interpretation of Constitutional principles is a political process. We have freedom of speech but we can't shout "fire" in a crowded theater. Why? Because enough people think shouting "fire" in a crowded theater is such a bad idea that it should be exempted from the First Amendment.
At the end of the day, it's all a numbers game. Even the things we think are completely non-negotiable are, around the edges, negotiated, and those negotiations aren't abstractly intellectual, they are concretely political.