Civil Liberties and Civil Rights

How do we distinguish liberties from rights?

Simplest Definitions

Civil Liberties

• Protections against government interference in daily life

• Liberties are inherent

  • already have

• Negative Rights

  • don’t want government to mess with, want it to leave them alone

• already have, don’t need someone to give them to you

Examples:

• Freedom of Speech

• Freedom of Religion

Civil Rights

• Positive government actions that secure equality for all citizens

• Prevent discrimination against specific groups

  • want government to make sure rights are applied equally

  • can be ethnic or religious, not just racial

• Positive Rights

  • want the government to put protections in place for these rights

  • requires government action

Liberty stems from the concept of natural rights.

• Life

• Liberty

• Pursuit of Happiness

Protections in the Constitution

• Habeas Corpus - You must be presented for charges before a judge.

  • you get to know what crime(s) you’re being punished for

• No Ex Post Facto - Laws can only be applied to a crime after the date they are enacted.

• No Bills of Attainder - Legislative decrees of guilt are banned.

  • legislative cannot pass laws to make you guilty, you must go through the judicial branch

Where are the rest of our civil liberties?

Bill of Rights