Rights & Liberties

Civil Rights and Liberties Overview

Definitions

  • Civil Liberties: Basic rights and freedoms guaranteed to individuals.

  • Civil Rights: Protection from discriminatory treatment based on specific characteristics.

Constitutional Foundations of Civil Liberties

  • Natural Rights: Life, liberty, and property.

  • Included in the Constitution: Specific protections found in the Bill of Rights (first 10 amendments).

  • Prohibitions:

    • Bill of Attainder: Legislative body cannot declare a person/group guilty without trial.

    • Ex Post Facto Law: Law that makes an action illegal after it was performed.

    • Impairment of Contracts: Cannot pass a law to evade the obligations of signed contracts after the fact

    • Due Process Clause: 14th Amendment states no one can be deprived of life, liberty, or property without due process.

    • Habeas Corpus: Protection against indefinite imprisonment without trial.

Evolution of Civil Liberties

  • Not Absolute: Rights have evolved over time and can change with political climates.

  • Judicial Interpretation: "The Constitution is what the judges say it is." - Justice Hughes, 1907.

Civil Rights Evolution

  • Protection from Discrimination: Ensured through the Reconstruction Amendments:

    • 13th Amendment: Abolished slavery (1865).

    • 14th Amendment: Ensures equal rights under the law (1868).

    • 15th Amendment: Protects equal voting rights (1869).

  • Discrimination Example: Laws can be classified as civil liberties cases or civil rights cases based on intent.

Incorporation of Bill of Rights

  • Initial Protection: Initially protected only from the federal government (Barron v. Baltimore, 1833).

  • Due Process Clause Expansion: Late 19th century allowed piecemeal incorporation of protections against states via the 14th Amendment.

  • Key Cases:

    • Mapp v. Ohio (1961) - Established exclusionary rule.

    • Gideon v. Wainwright (1963) - Right to counsel.

    • Recent Cases: McDonald v. Chicago (2010), Timbs v. Indiana (2019) address incorporation of the 2nd and 8th Amendments.

Comparing Civil Liberties and Civil Rights

Civil Liberties:

  • Limitations on government power.

  • Protect personal freedoms (often called negative rights). Examples include:

    • Freedom of Religion.

    • Right to Bear Arms.

    • Right to Privacy.

Civil Rights:

  • Government guarantees equal treatment and non-discriminatory practices.

  • Examples include:

    • 14th Amendment’s Equal Protection Clause.

    • 15th Amendment’s voting rights protection.

Freedom of Speech & the Press

  • Governed by the 1st Amendment.

  • Regulated: Not unfettered; restrictions must show compelling government interest and be narrowly tailored.

The 4th Amendment & Privacy

  • Protection from Unreasonable Searches: Evidence obtained without a warrant is inadmissible (Exclusionary Rule).

  • **Key Cases:

    • Katz v. United States (1967): Protects privacy expectations.

    • Smith v. Maryland (1979): Discusses third-party information sharing.

  • Concerns regarding modern surveillance (government vs. corporate).

Legal Justice Amendments (5th-8th)

  • 5th Amendment: Protection against self-incrimination and guarantees fair legal processes.

  • 6th Amendment: Right to counsel and fair trial.

  • 7th Amendment: Right to jury in civil cases over $20.

  • 8th Amendment: Prohibits excessive bail and cruel/unusual punishment.

Discussions on New Protections

  • Review the UN Declaration of Human Rights and mark protections lacking in the Bill of Rights.

Conclusion

  • Balancing civil rights and liberties involves ongoing debates about maintaining equality and social order.

  • Issues adjudicated by institutions like Congress and courts form critical aspects of the political landscape.