Malcolm Rivera
The US Constitution and the Bill of Rights are the primary sources of civil liberties, which are freedoms that protect individuals from government actions that infringe upon their fundamental rights. While the Constitution establishes several civil liberties, including freedom of speech, freedom of religion, and the right to bear arms, it is important to note that not all civil liberties are explicitly written in the Constitution. The Constitution has been amended numerous times to add further protections, such as the Thirteenth Amendment, which abolished slavery, and the Nineteenth Amendment, which mandated women's suffrage. The Bill of Rights, added in 1791, is a broad expression of individual civil liberties, but its ambiguous wording has led to constitutional controversies and political debates.
| Characteristics | Values |
|---|---|
| Civil liberties | Freedoms guaranteed by the U.S. Constitution |
| Protects individuals against government actions that infringe upon certain fundamental rights | |
| Concern basic rights and freedoms | |
| Act as restraints on how the government can treat its citizens | |
| Are natural rights inherent to each person | |
| Are constitutionally protected freedoms | |
| Civil rights | Concern the treatment of a person regarding certain rights |
| Concern the basic right to be free from unequal treatment based on certain protected characteristics | |
| Are legal rights detailed in federal laws and statutes that protect against discrimination | |
| Contain a protective aspect of those rights based on certain characteristics | |
| Are claims built upon legislation | |
| A violation of civil rights affords the injured party a right to legal action against the violator | |
| A civil right violation occurs when a person experiences discrimination based on a protected characteristic |
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What You'll Learn
Freedom of speech
The First Amendment's right to freedom of speech prevents government restrictions on speech, but not those imposed by private individuals or businesses. This right encompasses the decision of what to say, as well as what not to say, and is considered a fundamental right in American society. However, it is not absolute and is subject to certain restrictions, such as time, place, and manner limitations. These restrictions are enforced under the United States Constitution and the Supreme Court, and they serve to regulate speech while still protecting freedom of speech. For example, the Supreme Court has recognised that governments may enact reasonable time, place, or manner restrictions on speech.
The right to freedom of speech has been interpreted by the Supreme Court in several landmark cases. In Gitlow v. New York (1925), the due process clause was interpreted to broaden the applicability of the Bill of Rights' protection of speech to the states, holding both levels of government to the same constitutional standard. In United States v. O'Brien (1968), the Court declared that a government regulation is justified if it is within the constitutional power of the government, furthers a substantial governmental interest, is unrelated to the suppression of free expression, and does not excessively restrict alleged First Amendment freedoms.
Despite the strong protection of freedom of speech in the First Amendment, there are federal laws in place that prevent the dissemination of certain types of information, such as bomb-making instructions, for criminal purposes. For example, in 2003, an 18-year-old named Sherman Martin Austin was successfully prosecuted under a law that makes it an offence to distribute information pertaining to the manufacture or use of explosives or weapons of mass destruction with the intention of furthering a federal crime of violence.
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Freedom of religion
The inclusion of freedom of religion in the Bill of Rights reflects the intention to preserve individual freedoms and limit the government's power over religious matters. The Supreme Court has played a crucial role in interpreting and upholding this right, establishing restrictions and frameworks to ensure that religious freedom is protected. For example, the Establishment Clause and the Free Exercise Clause of the First Amendment work together to protect religious freedom by prohibiting the government from establishing an official religion and guaranteeing the right to freely exercise one's religious beliefs without interference.
The recognition of freedom of religion as a civil liberty in the United States has had a significant impact on the country's history and culture. It has allowed for religious diversity and ensured that individuals are free to hold and practice the religious beliefs of their choice without fear of persecution or discrimination. This liberty has also been a source of controversy and debate, particularly when it comes into conflict with other rights and freedoms, such as in the case of the separation of church and state.
While the First Amendment guarantees freedom of religion, it is important to note that this right is not absolute and may be subject to certain restrictions. The Supreme Court has developed standards and tests to determine whether a restriction on religious freedom is constitutional. These standards weigh the government's interest in imposing a restriction against the individual's right to religious freedom, ensuring that any limitations are applied in a manner that is least restrictive to this right.
In conclusion, freedom of religion is a fundamental civil liberty in the United States, protected by the First Amendment of the Constitution. The inclusion of this right in the Bill of Rights reflects the importance of religious freedom and the desire to limit governmental power in this area. The Supreme Court has played a crucial role in interpreting and upholding this right, ensuring that individuals are free to hold and practice their religious beliefs without interference from the state.
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Right to bear arms
The Second Amendment of the United States Constitution states that "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." This amendment has been a source of controversy and intense political debate due to its ambiguous wording.
The right to bear arms is a civil liberty that is not explicitly written in the Constitution but has been interpreted and upheld by the Supreme Court. This right is derived from the Second Amendment, which was added to the Constitution in 1791 as part of the Bill of Rights. The Bill of Rights is a broad expression of individual civil liberties, and it serves as a limitation on the government's power over the individual.
While the Second Amendment does not explicitly mention an individual's right to own and carry weapons, it has been interpreted as such by some. This interpretation has led to a ongoing debate in the United States about gun control and the role of firearms in society. On one side of the debate, individuals argue that the Second Amendment guarantees their right to own and carry firearms for self-defense, hunting, and recreational use. On the other side, there are those who argue for stricter gun control laws and interpret the Second Amendment in the context of a "well-regulated militia."
The right to bear arms has been further defined and protected by state constitutions and court decisions. For example, the state of Arizona's constitution states that "the right of the individual citizen to bear arms in defense of himself or the State shall not be impaired." Similarly, Florida's constitution states that "the right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law." These state provisions explicitly recognize the right to bear arms for self-defense and the defense of the state, while also allowing for some regulation by the legislature.
In summary, while the right to bear arms is not directly written in the United States Constitution, it has been interpreted as a civil liberty protected by the Second Amendment and further defined by state constitutions and court decisions. The ongoing debate surrounding this right highlights the dynamic and adaptable nature of the Constitution, as well as the competing rights and freedoms that are inherent in American society.
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Freedom of assembly
The Constitution of the United States is a dynamic document that has served as a model for other countries, with its provisions widely imitated in national constitutions worldwide. It guarantees civil liberties, which are freedoms that act as restraints on how the government treats its citizens. While some civil liberties were specified in the original document, such as the provisions guaranteeing the writ of habeas corpus and trial by jury in criminal cases, the most significant limitations on the government's power over the individual were added in 1791 with the Bill of Rights.
The First Amendment of the Constitution guarantees the rights of conscience, including freedom of religion, speech, and the press, and the right to peaceful assembly and petition. The right to freedom of assembly is sometimes used interchangeably with the freedom of association, and it is included in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the European Convention on Human Rights, and the American Convention on Human Rights.
The right to freedom of assembly and association is essential for democracy, as it serves as a vehicle for the exercise of many other rights guaranteed under international law, including freedom of expression and the right to take part in the conduct of public affairs. The protection of civil liberties and civil rights is a fundamental political value in American society, and the Supreme Court has played a significant role in defining and broadening these liberties through its interpretations and decisions.
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Right to vote
The right to vote is not explicitly stated in the US Constitution. While the Constitution does refer to the election of members of Congress and the President, the document, as adopted in 1787, does not define who is eligible to cast those votes. Instead, it was left to the individual states to determine voter eligibility, and for much of the early history of the US, only white male property owners could vote.
After the abolition of slavery, and in response to a growing push to extend voting rights, several constitutional amendments were passed to protect the right to vote. The 14th Amendment (1868) granted citizenship to all persons born or naturalized in the US, and the 15th Amendment (1870) prohibited the government from denying a citizen the right to vote based on that citizen's "race, colour, or previous condition of servitude". However, despite these amendments, discriminatory practices and laws such as poll taxes, literacy tests, and the rise of the Ku Klux Klan prevented many African Americans from voting.
Further amendments were passed in the 20th century to extend voting rights to more citizens. The 19th Amendment (1920) prohibited states from denying women the right to vote, and the 26th Amendment (1971) lowered the voting age to 18. The 24th Amendment (1964) banned poll taxes, which had often prevented low-income citizens from voting.
In addition to these constitutional amendments, federal laws have also been passed over the years to protect Americans' right to vote and make it easier for citizens to exercise that right. For example, the Civil Rights Acts created some of the earliest federal protections against discrimination in voting, and the Voting Rights Act of 1965 prohibited voter discrimination based on race, colour, or membership in a language minority group. The National Voter Registration Act (NVRA) of 1993 created new ways to register to vote, and the Help America Vote Act (HAVA) of 2002 authorized federal funding of elections and created the US Election Assistance Commission (EAC) to help states improve voter education, registration, and ballots.
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Frequently asked questions
Civil liberties are freedoms guaranteed by the US Constitution and are considered restraints on how the government can treat its citizens. Civil rights, on the other hand, are legal rights detailed in federal laws and statutes that protect citizens from discrimination. Civil rights are concerned with the treatment of a person regarding certain rights, while civil liberties are about broad-based rights.
Civil liberties include freedom of speech, freedom of religion, freedom of the press, freedom of assembly, and the right to bear arms.
No, the US Constitution does not limit the protection of civil liberties to just citizens or adults. The Constitution mostly refers to "persons", which has been interpreted to include children, visitors from other countries, and immigrants.
Civil liberties are protected by the Bill of Rights, which is the first ten amendments to the US Constitution. The Fourteenth Amendment also protects civil liberties by forbidding states from denying any person "life, liberty, or property, without due process of law".
