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Civil liberties & Civil rights
Transcript of Civil liberties & Civil rights
American civil liberties are based on the Bill of Rights, the first ten amendments added to the Constitution in 1791. The Bill of Rights may be divided into two broad areas: freedoms and rights guaranteed in the First Amendment (religion, speech, press, assembly, and petition) and liberties and rights associated with crime and due process.
The Bill of rights
Civil liberties protect us from government power. They are rooted in the Bill of Rights, which limits the powers of the federal government. The government cannot take away the freedoms outlined in the Bill of Rights, and any action that encroaches on these liberties is illegal.
Some Main Cases:
Civil liberties & Civil rights
What are civil liberties and Civil rights?
Civil liberties are protections against government actions.
For example, the first amendment of the bill of rights guarantees citizens the right to practice whatever religion they please. Government then cannot interfere in an individual freedom of worship.
It includes: Freedom of speech, The right to privacy, The right to be free from unreasonable searches of your home, The right to a fair court trial, The right to marry and The right to vote
" No state shall...deprive any person of life, liberty or property, without due process of law "
- 14th Amendment, sec 1
Civil liberties may be seen as the logical correlates of the goal of limited government, while civil rights are the logical correlates of the goal of popular or democratic government.
Civil rights in contrast, refers to positive actions of government should take to create equal conditions for all Americans.
Is often associated with the protection of minority groups, such as African Americans, Hispanics and women.
It traditionally revolved around the basic right to be free from unequal treatment based on certain protected characteristics (race, gender, disability, etc.)
Civil liberties are also protected by the 14th amendment, which protects violation of rights and liberties by the state governments.
LIMITS AND THE BILL OF RIGHTS
Freedom of speech, press, assembly, petition, and religion
2nd, 3rd, 4th
One's home, protection from unreasonable search and seizure
Those right not enumerated by the Bill of Rights
All people, both citizens and non-citizens, are entitled to the following essential civil rights and liberties:
Right to a fair public trial
Right to privacy and freedom unwarranted searched and seizures
Freedom from arbitrary
Freedom from cruel and abusive treatment based on race, religion, ethnicity, national origin gender or political beliefs.
Marbary vs. Madison - The judicial review
Plessy vs. Fergson - Establish separate but equal
Sheppard vs. Maxwell - 1966, court rejected the free press argument, overturned Sheppard's conviction and ordered a new trial
row vs. wade where women have the right to have an abortion if they want or not