Civil Liberties are Constitutional Protections Against the Government

The originally Bill of Rights protected the rights of citizens from infringement by the federal government, but made no mention of the states. The Fourteen Amendment, adopted shortly after the Civil War, protected citizenship and individual rights from infringement by state governments. Under the Fourteenth Amendment’s due process clause, the United States Supreme Court began to apply the most important rights guaranteed in the Bill of Rights against the states. This process began in the early 1900s and is known as the doctrine of selective incorporation. Duncan versus Louisiana was the landmark case in which the court incorporated the Sixth Amendment right to a jury trial against the states.

In the United States Constitution it is stated that “No single section of the constitution deals with federalism. Instead, the provisions dividing power between the states and the national government appear throughout the constitution. Most of the constitution is concerned with establishing the powers of the national government. National power is also based on the supremacy clause of article VI, which says that the constitution and laws made in accordance with it are “the supreme law of the land”. This means that when national and state laws conflict, the national laws will be followed. Article I, section 9 limits the power of the national government over individuals. The tenth amendment the constitution also limits the state powers in Article I, section10 and denies the states certain powers” (Keeping the

The US Constitution defines the federal government as “The Supreme Law of the land”, known as the Supremacy Clause. Article VI, Section 2, of the U.S. Constitution states that, should the federal government exercise their rights enumerated in the Constitution, they would prevail over any conflicting state implementation of power. The clause ensures that the federal laws take precedence over state laws and ensures that state judges uphold these laws. The Supremacy Clause checks the power of the local governments by

Maryland in (1819), Gibbons vs. Ogden (1824), and Supreme Court vs. Comstock (2010) it brings in the topic of enumerated powers. For the Supreme Court each opinion differed, because one was interpreted with a “few and defined” powers that the Congress can exercise, while the majority opinion Congress has the implied power to criminalize any conduct that might interfere with an enumerated power exercise. Enumerated powers as explained before are powers that are just granted to Congress. In the end they did choose to keep the necessary and proper clause due to the fact that it met all the needs concerning our federal

The Bill of Rights was first proposed on September 25, 1789, and they were than adopted by the states on December 15, 1791. The three most important amendments that are guaranteed under the Bill of Rights are the First Amendment, Basic Liberties, the Fourth amendment, Protection from unreasonable searches and seizures, and lastly the Fifth amendment, Rights of the Accused, Due Process of the Law, and Eminent Domain. Our constitution is what makes America a country where people of all ethnicities want to come here to live because of our rights and freedoms that is guaranteed by our constitution.The first amendment is the not just the first amendment on the list of all of the amendments, its first because it's the most important amendment in the Bill of Rights.

From the beginning, the United States Constitution has guaranteed the American people civil liberties. These liberties have given citizens rights to speak, believe, and act freely. The Constitution grants citizens the courage to express their mind about something they believe is immoral or unjust. The question is, how far are citizens willing to extend the meanings of these liberties? Some people believe that American citizens take advantage of their civil liberties, harming those around them. On the contrary, many other people feel that civil liberties are necessary tools to fight for their Constitutional rights.

Civil liberties are basic freedoms granted to individuals in the Bill of Rights. Individual freedom can survive only under a system of law by which both the supreme and the governed are bound. Such a system of fundamental laws, Civil rights are constitutional guarantees, which mean they are granted to individuals with the body of the Constitution in the form of amendments. Many civil rights were granted after the Constitution was written, but civil liberties were included in the Constitution since their adoption in the Bill of Rights in 1791.

The Bill of Rights became a very important document in the United States Constitution in order to ensure United States citizens equal protection of their rights and liberties. The main objective of the Bill of rights was to place limits on the national government creating an understanding and dividing the powers between the states and the national government. Not all the powers were granted to the national government however not all the powers were prohibited to the states. As stated by Ginsberg, Lowi, Weir & Tolbert (2015) the bill of rights consists of 10 amendments incorporated in the U.S constitution. It is important to note that each amendment contains a legal court case in which the supreme court as well as the government have ruled and have ignored or have protected the rights of the individuals involved.

Webster defines civil liberty as a freedom from arbitrary governmental interference specifically by denial of governmental power, and in the United States especially as guaranteed by the bill of rights. Civil liberties are the basic rights, and freedoms that are due to every American citizen. More than often, civil liberties and civil rights are often used synonymously, but those terms are very distinct. A civil rights violation happens during designated situations where a person is discriminated against based on physical characteristics. However, civil liberties deal with basic rights and freedoms that are guaranteed within the Bill of Rights and U.S constitution, inferred over the years by courts, and legislatures. Although, there are many liberties outlined within the United States constitution freedom of speech will be expounded upon.

There is a difference between civil liberties and civil rights in relation to the government. Civil liberties refer to an individual’s unalienable freedoms that cannot be taken away by political intervention. On the other hand, civil rights are provided by the government in order to promote equality. This ideology was introduced to the founders of the nation by John Locke, who believed in natural rights. Locke stated that these natural rights are to be protected and secured by the government. The question that should be raised now is whether the government truly does protect our civil rights and have the citizens’ best interest in mind.

Civil Rights In the U.S. most use the terms Civil Liberties and Civil Rights interchangeably; although they both protect the freedom of citizens they do this in different ways. 2 Civil Liberties are limitations placed on the government. These are things the government is restricted to do, by the constitution. Things that could interfere with personal freedom. 3 For example, the 1st amendment says that no law can be made establishing a set religion. (Course, 2015) Therefore no laws can be made pertaining to a set religion. Civil liberties can be seen as broader laws, placed against the government. 2 Whereas Civil Rights are almost like curbs

It was not until after the Civil War that the Thirteenth, Fourteenth, and Fifteenth amendments were enacted and began protecting individuals against the states. The Fourteenth Amendment has been the principal means by which this protection has been accomplished. It reads, in part, “No State shall...deprive any person of life, liberty, or property without due process of law.” The Supreme Court had interpreted this guarantee of liberty to embrace the fundamental liberties in the Bill of Rights, meaning that the state governments must observe and protect them to the same extent as the federal government this is also known called incorporation. The amendments in the Bill of Rights are said to be incorporated against the states through the due process clause of the Fourteenth Amendment. There has been an ongoing debate on the Supreme Court about the extent of incorporation, and whether the entire Bill of Rights, or only some of it’s guarantees, should be incorporated against the states.

Declared in the U.S. Constitution every American or should it be person, is guaranteed civil rights. Civil rights did not just consist of “freedom of speech and assembly,” but as well as “the right to vote, the right to equal protection under the law, and procedural guarantees in criminal and civil rights,” (Dawood). It was not until 1791, that the Bill of Rights was appended to the constitution, which helped clarify these rights to citizens. “Rights were eventually applied against actions of the state governments in a series of cases decide by the Supreme Court,” Dawood stated. In previous years (1790-1803), the Supreme Court had little say in decisions being made by government. As time went on the Supreme Court took on more

On September 25, 1789, the state legislature’s twelve proposed amendments were transmitted by congress, the first two dealing with congressional representation and congressional pay. The following numbers three through twelve were adopted by the states to become the Bill of Rights in 1791. As defined by our U.S. Constitution, the first amendment states “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercises thereof; or abridging the freedom of speech, or the press; or the right of the

The Rule of law is one of the constitutional principles, that explain that the people and the government in the United States should follow the federal laws to have a well and civilized society. It gets complicated when the states go against the law. If someone was to get caught by a federal agent police they can not argue over a law that is legal in his/her state because it is illegal, federally. However the individual should have the right to do what he/she is legal to do in his/her state when in another state, it is illegal. They should not interfere with the individual's beliefs or motives if he/she is not from that state unless he/she moved there. The constitution should improve how laws are enforced so there would not be any problems like these between federal laws and state laws, addressing freedom of speech, education, and morality vs. legality.