Omar Bennett
The United States Constitution has proved itself to be a dynamic document, serving as a model for other countries. Civil liberties are freedoms guaranteed by the US Constitution, primarily from the First Amendment, which prohibits the government from infringing on liberties such as freedom of speech, freedom of religion, and freedom of the press. The Bill of Rights, which lists the first ten amendments to the Constitution, specifically lists the rights that Americans enjoy, such as the right to bear arms, the right to privacy, and the right to be secure against unreasonable searches and seizures. The US Constitution has been used to protect Americans from the overreaching powers of the government, and it has been interpreted and clarified by the Supreme Court of the United States and lower federal courts.
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What You'll Learn
The right to privacy
> "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
The historical context of the Fourth Amendment differs significantly from the modern world, particularly regarding law enforcement practices. In the late 18th and early 19th centuries, policing in the US was often conducted by citizens on nighttime patrols, with elected sheriffs and constables in leadership roles. However, as cities grew, there were calls for the establishment of full-time police forces, such as the Boston Police Department, founded in 1854.
The Fourth Amendment was created in response to increasing infringements on privacy in the colonies and England, where "general warrants" allowed royal officials to search a person's belongings without cause beyond political suspicion. In the modern era, the Fourth Amendment has been invoked in debates surrounding mass surveillance programs implemented after the 9/11 terrorist attacks. Supporters of these programs argue that they are justified by the "probable cause" of deterring crime and terrorism, while critics contend that they are too invasive and widespread to be constitutionally valid.
The Supreme Court has also played a significant role in interpreting and extending the right to privacy. In Griswold v. Connecticut, the Court found an implied "zone of privacy" within the Constitution, derived from the First, Third, Fourth, Fifth, and Ninth Amendments. This decision established a right to privacy for married couples regarding the purchase of contraceptives. In Eisenstadt v. Baird (1971), the Court extended this right to unmarried couples, stating that "the constitutionally protected right of privacy inheres in the individual, not the marital couple."
Additionally, in Lawrence v. Texas (2003), the Court relied on the Fourteenth Amendment's guarantee of due process to extend privacy rights to "persons of the same sex [who choose to] engage in... sexual conduct." The Court held that "the petitioners are entitled to respect for their private lives," further broadening the scope of privacy protections.
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Freedom of religion
The United States Constitution grants all Americans freedom of religion. This means that the government must allow for the free exercise of religion without promoting or burdening it. The First Amendment's Free Exercise Clause upholds people's right to hold whichever religious beliefs they choose, including no religion at all. It protects the freedom to practice one's religion without interference from the government.
The First Amendment also has an Establishment Clause, which, together with the Free Exercise Clause, protects religious freedom. The religion clauses illustrate Madison's dual intention of protecting individual liberties and limiting governmental power. The precise meaning of these clauses has been a matter of dispute, with some arguing for one religion clause and others for two. The single-clause interpretation sees the 16 words as a single sentence with the key word "religion" appearing only once, reflecting the harmonious concept of protecting the freedom and independence of religion from government restrictions and sponsorship.
The Supreme Court has developed frameworks and legal standards for determining whether a restriction on religious freedom is constitutional. Generally, a governmental restriction on these rights must be consistent with the First Amendment to be upheld, weighing the government's interest against the First Amendment rights burdened. The Court has clarified that constitutional protections extend only to sincerely held religious beliefs and activities, ensuring purported religious beliefs aren't motivated by political or philosophical ideologies.
In various cases, the Supreme Court has established the free exercise of religion as a "preferred freedom," which can be restricted only with a compelling state interest. For example, in Sherbert v. Verner (1963), the Court held that a state agency must accommodate a Seventh-day Adventist who could not work on Saturdays due to religious prohibitions. Similarly, in Wisconsin v. Yoder (1972), the Court exempted Amish children from mandatory school attendance above the eighth grade to protect their religious freedom.
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Freedom of speech
The United States Constitution has proved itself to be a dynamic document, serving as a model for other countries, with its provisions widely imitated in national constitutions worldwide. The First Amendment enshrines the freedom to speak one's mind, stating: "Congress shall make no law...abridging the freedom of speech". This amendment is a federal restriction on speech and expression, and it applies to the states through the Fourteenth Amendment.
The First Amendment is not absolute, and the Supreme Court has, over time, determined which speech is protected under it and which is not. For instance, the Supreme Court held that incitement to illegal action and speech that constitutes a true threat are not protected under the First Amendment. The Supreme Court has also upheld the constitutionality of the Sedition Act of 1918 and the Espionage Act of 1917, which restrict certain forms of expression.
In contrast, the Supreme Court has also ruled that wearing armbands in public schools is a form of symbolic speech protected by the First Amendment, and that compulsory flag-saluting in public schools violates freedom of speech, as it includes the freedom not to speak. The Supreme Court has also applied the equal protection clause of the Fourteenth Amendment to rule that racial segregation in public schools is unconstitutional.
The First Amendment protects even offensive, hateful, or harassing speech, and the government must have a compelling interest and the restriction must be narrowly tailored to serve that interest. The First Amendment guarantees freedom of speech by default, placing the burden on the state to demonstrate any circumstances that justify its limitation.
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The right to bear arms
The Second Amendment has been the subject of extensive debate and legislative action, with no definitive resolution by the courts on the exact nature of the right it protects. The Amendment is divided into two parts: the prefatory clause, which emphasises the importance of a well-regulated militia, and the operative clause, which outlines the right to keep and bear arms. The interpretation of this Amendment has been a source of constitutional controversy and intense political debate.
The Supreme Court has played a significant role in shaping the understanding of the Second Amendment. In McDonald v. Chicago (2010), the Court incorporated the right to bear arms, applying it to the states through the Due Process Clause of the Fourteenth Amendment. This decision affirmed that the Second Amendment protects an individual's right to possess a firearm, regardless of their connection to a militia.
The Second Amendment has also been invoked in lawsuits against manufacturers, distributors, dealers, and importers of firearms, seeking monetary damages for harm caused by the misuse of firearms. However, federal laws, such as the Gun Control Act of 1968, protect these businesses from liability when their products are criminally or unlawfully misused.
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Civil liberties and the Supreme Court
Civil liberties in the United States are certain rights retained by those in the country under the US Constitution, as interpreted and clarified by the Supreme Court and lower federal courts. The US Constitution has served as a model for other countries, with its provisions widely imitated in national constitutions worldwide.
The Bill of Rights, which lists the first ten amendments to the US Constitution, specifically lists the rights that Americans can assert against the government when it or its officials (such as police officers) attempt to act beyond their legal authority. The Bill of Rights includes guarantees of fair procedures for those accused of crimes, such as protection against unreasonable search and seizure, self-incrimination, double jeopardy, and excessive bail. It also guarantees a speedy and public trial by an impartial jury before an impartial judge and the right to counsel.
The Supreme Court has played a significant role in interpreting and applying these rights and liberties. For example, in Gitlow v. New York (1925), the Supreme Court interpreted the due process clause to broaden the applicability of the Bill of Rights' protection of freedom of speech to the states, holding both levels of government to the same constitutional standard. In subsequent decades, the Supreme Court selectively applied the due process clause to protect other rights and liberties guaranteed in the Bill of Rights, a process known as "selective incorporation." These rights included freedom of religion, freedom of the press, and the right to a fair trial.
The Supreme Court has also been involved in landmark cases involving civil liberties, such as Roe v. Wade (1973), which led to the nationwide legalization of abortion, and Brown v. Board of Education of Topeka (1954), which ruled that racial segregation in public schools was unconstitutional. In Miranda v. Arizona (1966), the Supreme Court ruled that detained criminal suspects must be informed of their constitutional rights against self-incrimination and their right to an attorney.
While the US Constitution has been a crucial tool for protecting civil liberties, it has also been a source of controversy due to its ambiguous wording in some provisions, such as the Second Amendment's right to "keep and bear arms" and the Eighth Amendment's prohibition of "cruel and unusual punishments." The dynamic nature of the Constitution has allowed for its interpretation and adaptation to changing historical circumstances, ensuring its ongoing relevance.
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Frequently asked questions
Civil liberties are freedoms guaranteed by the U.S. Constitution. They are natural rights that are inherent to each person.
Civil liberties include freedom of speech, freedom of religion, the right to bear arms, the right to privacy, and the right to a fair trial.
Civil liberties act as restraints on how the government can treat its citizens. For example, the First Amendment explicitly prohibits the government from infringing on liberties like freedom of speech.
