Eleanor Finch
The US Constitution has long served as a model for other nations, with its provisions widely replicated in national constitutions worldwide. The Constitution's primary objective is to secure the Blessings of Liberty to ourselves and our Posterity. The Bill of Rights, which comprises the first ten amendments to the Constitution, is one of three founding documents and was influenced by the Virginia Declaration of Rights, the Magna Carta, and the English Bill of Rights, among others. The amendments aim to limit government power and protect individual liberties, such as the freedom of speech, religion, and the right to bear arms. The Fourteenth Amendment, adopted after the Civil War, guarantees citizens life, liberty, or property, without due process of law and ensures equal protection under the law. The Supreme Court has interpreted and applied these clauses broadly to protect various rights and liberties, including privacy and freedom of religion and the press.
| Characteristics | Values |
|---|---|
| Liberty in the US Constitution | Freedom from physical restraint or confinement |
| Freedom from bodily restraint and punishment | |
| Right to be free from and to obtain judicial relief for unjustified intrusions on personal security | |
| Freedom of speech, religion, and the right to bear arms | |
| Freedom of the press | |
| Right to a fair trial, including the right to an impartial judge and to the assistance of counsel | |
| Right to equal protection under the law | |
| Right to privacy | |
| Freedom from unreasonable searches and seizures | |
| Freedom from self-incrimination | |
| Protection against double jeopardy | |
| Protection against excessive bail | |
| Right to a speedy and public trial | |
| Right to vote | |
| Right to property |
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What You'll Learn
The Bill of Rights and individual liberties
The Bill of Rights, one of the three founding documents of the US Constitution, was written by James Madison and comprises the first ten amendments to the Constitution. The Bill of Rights was added to the Constitution to limit government power and protect individual liberties. The Constitution was written in 1787 and created a federal system with a national government composed of three separated powers, and included both reserved and concurrent powers of states. However, it did not include a declaration or bill of individual rights, and it did not apply to everyone.
The Bill of Rights was influenced by the Virginia Declaration of Rights, written by George Mason, as well as English documents such as the Magna Carta, the Petition of Right, the English Bill of Rights, and the Massachusetts Body of Liberties. The first ten amendments safeguard freedoms like speech, religion, and the right to bear arms, while ensuring protections such as due process and trial by jury.
The First Amendment prohibits Congress from making laws that establish a religion or restrict the free exercise of religion, abridge freedom of speech or the press, or restrict the right of the people to assemble and petition the government. The Second Amendment protects the right of the people to keep and bear arms. The Third Amendment prevents the government from forcing homeowners to allow soldiers to use their homes. The Fourth Amendment protects citizens' right to be free from unreasonable government intrusion in their homes through the requirement of a warrant. The Fifth Amendment provides several protections for people accused of crimes, including the right to a grand jury, protection against double jeopardy, and protection against self-incrimination. The Sixth Amendment provides additional protections to people accused of crimes, such as the right to a speedy and public trial and trial by an impartial jury. The Seventh Amendment extends the right to a jury trial in Federal civil cases. The Eighth Amendment bars excessive bail and fines and cruel and unusual punishment. The Ninth Amendment states that listing specific rights in the Constitution does not mean that people do not have other rights that have not been spelled out. The Fourteenth Amendment states that no state shall deprive any person of life, liberty, or property, without due process of law.
The Bill of Rights was created to protect rights that the original citizens believed were naturally theirs, including the right to exercise one's own religion, or no religion, free from any government influence or compulsion. Liberty means that even in a democracy, individuals have rights that no majority should be able to take away. The Supreme Court has stated that liberty includes freedom from bodily restraint and punishment, and the right to be free from and to obtain judicial relief for unjustified intrusions on personal security.
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The Supreme Court's interpretation of liberty
The Supreme Court plays a crucial role in the US constitutional system of government. As the highest court in the country, it is the final resort for those seeking justice. The Court's interpretation of liberty has evolved through various cases and judgments.
In the case of Bolling v. Sharpe, the Supreme Court offered a broad interpretation of liberty, stating that it "is not confined to mere freedom from bodily restraint. Liberty under law extends to the full range of conduct which the individual is free to pursue, and it cannot be restricted except for a proper governmental objective." This interpretation goes beyond physical freedom to encompass the individual's ability to pursue their desired course of action without undue restrictions from the government.
The Court further elaborated on the concept of liberty in Ingraham v. Wright, where it stated that liberty includes "freedom from bodily restraint and punishment" as well as "a right to be free from and to obtain judicial relief for unjustified intrusions on personal security." This case reinforces the idea that liberty is about more than just physical confinement; it also involves the right to be free from certain types of government interference and to seek legal recourse when one's personal security is violated.
In the context of criminal justice, the Supreme Court has limited the application of liberty interests. For example, in Sandin v. Conner, the Court held that thirty days of solitary confinement was not considered an "atypical and significant hardship" and thus did not violate an inmate's liberty interests. Similarly, in Wilkinson v. Austin, the Court found that the assignment to a SuperMax prison, resulting in the loss of parole eligibility and limited status reviews, constituted an atypical and significant hardship, thereby implicating liberty interests.
Outside the criminal context, the Court has expanded the interpretation of liberty beyond physical restraint. It has recognised that liberty interests can include various common law and statutory rights. For instance, in Paul v. Davis, the Court held that damage to reputation alone was not sufficient to implicate a liberty interest. Instead, it narrowed the scope by requiring that the loss of reputation also result in the loss of a statutory entitlement.
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Liberty and the prevention of government abuse
The US Constitution is a dynamic document that has served as a model for other countries, with its provisions widely imitated in national constitutions worldwide. The Constitution was written in 1787 in Philadelphia, Pennsylvania, by delegates from 12 states, to replace the Articles of Confederation with a new form of government. It created a federal system with a national government composed of three separated powers, including reserved and concurrent powers of states.
The Bill of Rights, which comprises the first ten amendments to the Constitution, was added to limit government power and protect individual liberties. James Madison, then a member of the US House of Representatives, altered the Constitution's text, but several representatives objected, stating that Congress had no authority to change it. Thus, Madison's changes were presented as amendments following Article VII. The House approved 17 amendments, of which the Senate approved 12, and ten were ratified by the states.
The First Amendment prohibits the establishment of religion and protects the free exercise thereof, freedom of speech and the press, the right to peaceably assemble, and the right to petition the government for a redress of grievances. The Second Amendment protects the right to keep and bear arms, and the Third Amendment prohibits the quartering of soldiers in civilian homes without consent. The Fourth Amendment safeguards citizens' right to be free from unreasonable government intrusion in their homes and requires warrants based on probable cause for searches and seizures.
The Fifth Amendment guarantees due process rights, including protection against self-incrimination, double jeopardy, and the taking of private property for public use without just compensation. The Sixth Amendment ensures the right to a speedy and public trial by an impartial jury, with representation by counsel. The Eighth Amendment prohibits the infliction of cruel and unusual punishments.
The Fourteenth Amendment, adopted after the American Civil War, forbids states from depriving any person of "life, liberty, or property, without due process of law" and guarantees equal protection under the law. This amendment has been interpreted by the Supreme Court to broaden the protection of free speech and equal protection rights.
The Supreme Court has also played a significant role in defining liberty. In Bolling v. Sharpe, the Court stated that liberty "is not confined to mere freedom from bodily restraint" but extends to the full range of conduct that individuals are free to pursue. In Ingraham v. Wright, the Court affirmed that liberty includes freedom from bodily restraint and punishment and the right to be free from unjustified intrusions on personal security.
In conclusion, liberty and the prevention of government abuse are fundamental principles enshrined in the US Constitution and protected by the Bill of Rights. The Constitution establishes a framework for a federal government that secures the blessings of liberty for its citizens while limiting its own power through a system of checks and balances. The Bill of Rights provides specific guarantees of individual liberties, such as freedom of speech, religion, and due process, which the Supreme Court has interpreted and applied to various cases to protect citizens' rights further.
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Procedural vs. substantive liberty interests
The US Constitution talks about liberty in the First, Second, Third, Fourth, and Fifth Amendments, as well as in the Fourteenth Amendment. The First Amendment states that "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 petitition the Government for a redress of grievances." The Second Amendment protects the right to keep and bear arms, while the Third Amendment prohibits the quartering of soldiers in civilian homes without consent. The Fourth Amendment guarantees freedom from unreasonable searches and seizures, and the Fifth Amendment includes the right against self-incrimination and the right to due process. The Fourteenth Amendment further emphasizes the right to due process, stating that no state shall deprive any person of life, liberty, or property without it.
Procedural liberty interests refer to the processes and procedures that must be followed to protect an individual's liberty interests. These are distinct from substantive liberty interests, which are the actual rights and freedoms that individuals possess and that cannot be infringed upon without a sufficient governmental interest. Procedural due process ensures that individuals are afforded certain rights and protections during legal or administrative proceedings, such as the right to notice, a hearing, and an impartial decision-maker. Substantive due process, on the other hand, deals with the substance of laws and government actions, determining whether they infringe on protected liberty interests.
The Supreme Court has interpreted liberty under law to extend beyond mere freedom from bodily restraint to the full range of conduct that individuals are free to pursue. For example, in Ingraham v. Wright, the Court held that liberty includes freedom from bodily punishment and the right to be free from, and obtain judicial relief for, unjustified intrusions on personal security. In Bolling v. Sharpe, the Court stated that liberty "cannot be restricted except for a proper governmental objective."
Substantive due process litigation often involves legal challenges to unenumerated rights and seeks to protect fundamental rights related to autonomy and privacy. Courts have split such cases into two categories: those involving fundamental rights and those involving non-fundamental rights. The standard of scrutiny varies, but the analysis remains similar. When a statutory classification interferes with a fundamental right, it must be supported by sufficiently important state interests and closely tailored to effectuate only those interests. For example, in Nunez v. City of San Diego, an ordinance was found to violate the substantive due process right to rear one's children as it was not narrowly tailored to a compelling state interest.
Procedural due process, on the other hand, focuses on the fairness of the procedures used to deprive an individual of life, liberty, or property. This includes the right to a fair trial, the right to counsel, and the right to present evidence. For instance, in Paul v. Davis, the Court held that the liberty interest extended to situations where damage to one's reputation resulted in the loss of a statutory entitlement. Outside the criminal context, procedural liberty interests have been expanded beyond freedom from physical restraint to include various protected interests, some statutorily created and others not.
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Liberty and the right to free speech
The concept of liberty is deeply rooted in the US Constitution, and it encompasses various aspects of an individual's life, including freedom of speech. The First Amendment of the Constitution explicitly states: "Congress shall make no law...abridging the freedom of speech." This amendment sets a clear restriction on the government's ability to infringe upon the right to free expression, which is a fundamental aspect of liberty.
The right to free speech is a highly cherished value in the United States, and it has been the subject of extensive philosophical and legal debate. Thinkers such as John Milton, John Locke, and John Stuart Mill have all contributed significantly to the discussion around freedom of speech. For example, in his work 'Areopagitica', Milton advocated for freedom of expression and toleration of falsehood, stating: "Give me the liberty to know, to utter, and to argue freely according to conscience, above all liberties." Similarly, Mill, in his work 'On Liberty', emphasised the necessity of free discussion for progress in science, law, and politics.
However, the interpretation and application of free speech have evolved over time, with various court cases shaping our understanding of this right. For instance, in the Tinker v. Des Moines case (1969), the US Supreme Court upheld the right of students to wear black armbands to school to protest a war, stating that "students do not shed their constitutional rights at the schoolhouse gate." On the other hand, in Bethel School District #43 v. Fraser (1986), the Court ruled that obscene speech at a school-sponsored event was not protected under the First Amendment.
While the right to free speech is fundamental, it is not absolute. The Supreme Court has recognised that certain restrictions on speech may be necessary and justified. For instance, in the Paul v. Davis case (1976), the Court held that damage to reputation alone was not sufficient to infringe on free speech, but that the liberty interest extended to situations where the loss of reputation resulted in the loss of a statutory entitlement. Additionally, the Court has acknowledged that free speech does not protect harmful speech or direct threats.
In conclusion, liberty and the right to free speech are intrinsically linked in the US Constitution. The First Amendment's protection of free speech ensures that individuals have the freedom to express themselves without governmental interference. However, this right is not unlimited, and various legal precedents have defined the boundaries of what constitutes protected speech. The ongoing discussion and interpretation of free speech highlight its dynamic nature and the importance placed on this liberty in US society.
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Frequently asked questions
Liberty is the freedom to make choices about what to do or say.
Civil liberty in a constitutional democracy means liberty under laws enacted by the elected representatives of the people. Rights to civil liberty are exercised, constrained, and protected by laws made through the free and fair procedures of democracy.
Liberty and authority, or freedom and power, are two sides of the same coin. A primary purpose of government in the United States and other constitutional democracies is to protect and promote the liberty of individuals. However, if the government has too little power, law and order may break down, and liberties may be lost. This is the basic problem of constitutional government that concerned the founders of the United States.
The US Constitution talks about liberty in the Preamble, which proclaims that a principal reason for establishing the federal government is to "secure the Blessings of Liberty to ourselves and our Posterity". The Bill of Rights, which is part of the Constitution, also talks about liberty in the First, Second, Third, Fourth, Fifth, Sixth, and Eighth Amendments.
The US Constitution protects various liberties, including freedom of speech, religion, and the press; the right to keep and bear arms; freedom from unreasonable searches and seizures; protection against self-incrimination, double jeopardy, and excessive bail; and the right to a speedy and public trial by an impartial jury.
