Civil Liberties

Civil Liberties and the Constitution

  • Definition: Civil liberties are protections against government power, distinct from civil rights.

  • Judicial Evolution: Most civil liberties evolve through judicial action rather than legislation.

  • Conflict: A fundamental clash exists between government responsibilities (public safety, health) and individual freedoms.

Brief History of Civil Liberties

Constitutional Convention

  • Initial Stance: The Convention ended without a Bill of Rights; Federalists like Alexander Hamilton argued it was unnecessary since the national government had only delegated powers.

  • Habeas Corpus: Hamilton viewed the Constitution as a de facto Bill of Rights, including rights like habeas corpus, which ensures an individual's right to trial.

Bill of Rights Introduction

  • Antifederalists argued for the inclusion of a Bill of Rights to protect individual liberties.

  • Amendments Proposal: 17 amendments proposed by the House, 12 by the Senate; only 10 ratified, forming the Bill of Rights.

  • Importance: The Bill of Rights consists of crucial civil liberties protected from government interference.

The Bill of Rights

First Ten Amendments Overview

Amendment I

  • Prohibits Congress from establishing a religion, abridging freedom of speech, press, assembly, or petition.

Amendments II, III, IV

  • Protects right to bear arms, against housing troops without consent, and against unreasonable searches and seizures.

Amendments V, VI, VII, VIII

  • Guarantees grand jury trials, speedy trials, protection against self-incrimination and double jeopardy, prohibits excessive bail, and cruel punishments.

Amendments IX, X

  • Asserts that rights not enumerated are reserved to the states or the people; the listing of specific rights does not limit others.

Nationalizing the Bill of Rights

Early Supreme Court Interpretations

  • 1833: Initially, the Bill of Rights only applied to the federal government.

  • Fourteenth Amendment: Intended to extend Bill of Rights to states but was not enforced until later.

Significant Developments

  • 1897: Supreme Court extends due process clause to states, curbing property seizure without compensation.

  • 1925: First amendment of free speech applies to state laws.

Fundamental Liberties in Detail

First Amendment - Freedom of Religion

  • Establishment Clause: Prohibits the government from establishing a religion.

  • Free Exercise Clause: Protects the right to practice any religion.

Establishment Clause Interpretation

  • Views differ on whether it should prevent establishment of an official church or any favoritism towards religions.

  • “Wall of Separation”: Concept by Jefferson emphasizing governance and religion should be separate.

  • Lemon Test: Evaluates if government actions violate the establishment clause with three criteria:

    • Must have a secular purpose.

    • Cannot advance or inhibit religion.

    • Must not entangle government and religious institutions.

Recent Court Cases on Religion

  • Trinity Lutheran Church v. Comer (2017): Upheld a religious school’s right to partake in state-funded programs.

  • McCreary County v. ACLU (2005): Struck down a Ten Commandments display in courthouses.

First Amendment - Freedom of Speech

  • First Amendment protects all speech, with exceptions for incitement, obscenity, or fighting words.

  • Important Cases:

    • Brandenburg v. Ohio (1969): Speech must incite action to be prohibited.

    • Citizens United v. FEC (2010): Corporate funding of independent electoral broadcasts cannot be limited.

Rights of the Criminally Accused

Amendments Created for Protection

  • Fourth Amendment: Protects against unreasonable searches; establishes exclusionary rule (evidence obtained illegally cannot be used).

  • Fifth Amendment: Includes grand jury rights; protection against double jeopardy and self-incrimination.

  • Sixth Amendment: Right to a speedy, public trial by an impartial jury; right to counsel.

  • Eighth Amendment: Prohibits excessive bail/fines and cruel and unusual punishments.

Right to Privacy

  • Implicitly protected within the Fourth Amendment and through interpretations in landmark cases (e.g., Griswold regarding birth control).

  • Controversial Topics: Includes issues regarding abortion rights (e.g., Roe v. Wade) and sexual orientation (e.g., Lawrence v. Texas).

Conclusion

  • Understanding civil liberties involves navigating historical contexts, judicial decisions, and ongoing debates about the balance between governmental authority and individual rights.