Civil Liberties: A Constitutional Evolution

when was civil liberties added to the constitution

The United States Constitution, originally signed in 1787, included some civil liberties, such as the right to a trial by jury in criminal cases. However, the majority of civil liberties were added to the Constitution in 1791 with the Bill of Rights, which consists of the first ten amendments. These amendments include the right to freedom of speech, freedom of religion, the right to bear arms, and the right to privacy. The Fourteenth Amendment, adopted in 1868, further expanded civil liberties by granting citizenship to those who had been enslaved and guaranteeing life, liberty, or property, without due process of law.

Characteristics Values
Year civil liberties were added to the constitution 1791
Number of amendments added 10
First Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances
Second Amendment A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed
Third Amendment No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner; nor in time of war, but in a manner to be prescribed by law
Fourth Amendment 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
Thirteenth Amendment Abolished slavery
Fourteenth Amendment Granted citizenship to those who had been enslaved, and placed limitations on states by forbidding them to deny "life, liberty, or property, without due process of law" and guaranteeing every person within a state’s jurisdiction "the equal protection of its laws"
Fifteenth Amendment Guaranteed formerly enslaved men the right to vote

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The First Amendment

The right to assembly and petition guaranteed by the First Amendment has been interpreted to include the freedom of association. The Supreme Court's decision in Tinker v. Des Moines (1969) affirmed that "students and teachers do not shed their constitutional rights to freedom of expression at the schoolhouse gates." Overall, the First Amendment plays a crucial role in safeguarding civil liberties and shaping American political values.

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The Second Amendment

> "A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

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The Thirteenth Amendment

The amendment was ratified on December 6, 1865, by the required 27 of the then 36 states, and proclaimed on December 18, 1865. It was the first of the three Reconstruction Amendments adopted following the American Civil War. The Thirteenth Amendment was the final answer to the question surrounding the institution of slavery in the United States.

The official text of the Thirteenth Amendment is as follows:

> "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Congress shall have the power to enforce this article by appropriate legislation."

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The Fourteenth Amendment

One of the most significant and frequently litigated phrases in the Fourteenth Amendment is "equal protection of the laws." This phrase has been central to several landmark cases, including Brown v. Board of Education, which addressed racial discrimination, and Roe v. Wade, which concerned reproductive rights. The Fourteenth Amendment also includes provisions regarding voting rights and representation. When the right to vote in elections for choosing electors, representatives, or state officials is denied or abridged for male citizens over twenty-one years of age, the basis of representation is to be reduced proportionally.

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The Fifteenth Amendment

> "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, colour, or previous condition of servitude."

The amendment's adoption was celebrated by Black communities and abolitionist societies, with many of the latter disbanding, believing that their work was complete. President Grant hailed the amendment, saying it "completes the greatest civil change and constitutes the most important event that has occurred since the nation came to life."

However, despite the amendment's guarantees, African Americans still faced significant barriers to voting in the years that followed. Southern states enacted measures such as poll taxes, literacy tests, and grandfather clauses, which, along with violence and intimidation by white supremacist groups like the Ku Klux Klan, effectively disenfranchised African Americans. It would take almost a century and the passage of the Voting Rights Act of 1965 before the majority of African Americans in the South were registered to vote.

Frequently asked questions

The Bill of Rights, the first ten amendments added to the Constitution in 1791, outlines the civil liberties of US citizens.

The First Amendment guarantees the rights of conscience, such as freedom of religion, speech, and the press, and the right of peaceful assembly and petition. The Second Amendment protects the right to keep and bear arms. The Third Amendment prohibits the quartering of soldiers in private homes without the owner's consent. The Fourth Amendment protects people against unreasonable searches and seizures of themselves or their property.

Civil liberties are freedoms guaranteed by the US Constitution that act as restraints on how the government can treat its citizens.

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