The United States Constitution “the World’s most enduring symbol of democracy” is the supreme law and legislation of the U.S. that establishes the “structure and functions of the federal government” (Krutz and Waskiewicz). The Constitution also establishes the rights and responsibilities of the people as well as the states undertaking certain “civil rights” and “civil liberties” to the U.S. natives. Civil liberties are the protections that the federal authorities are obligated by constitutional provisions. The confederation and authorities cannot infringe upon these constitutional provisions such as assembly, religion, petition, press, and freedom of speech. Civil rights, on the other hand, provide protection against unequal treatment and discrimination based on distinctive characteristics of individuals such as gender, race, sexual orientation, and any physical disability. The “Constitution” and the “Bill of Rights” provide the natives of the US the freedom to free speech and the support for a just lawsuit as well as the individual right to privacy in life. Building on the enumerated rights in the US Constitution, this paper analyses the amendments to discuss that civil “rights and liberties” are crucial constituents of a democratic society that safeguard the rights and freedoms of individuals from oppressive actions by the government or other entities.
The US Constitution provides a diversified framework for the protection of civil rights and civil liberties such as an individual’s “right to life, the right to equality, the right to the freedom of expression, the right to education, and the right to free trial” (Abraham and Perry). Civil rights is a legal concept that relates to the protection of citizens’ rights to social and political freedom and equality. The thirteenth, fifteenth, nineteenth, twenty-fourth, and twenty-sixth civil rights amendments, endorsed between 1865 and 1971, prohibit poll taxes, grant voting rights to women, and abolish slavery. These amendments aim to prevent unequal treatment, exploitation, and discrimination against race, age, or gender and secure the civil rights of all citizens.
Civil liberties, on the other hand, is a bit more narrowed concept that refers to the “ten amendments” to the “Constitution” and the “Bill of Rights” that define rights and freedom through courts and lawmakers. Civil liberties include the right “to be free of unreasonable searches, the right to free speech, the right to be free of cruel punishment, the right to freely assemble, the right to an attorney, and the right to a speedy trial” (Hand). The “Fourteenth Amendment” to the civil liberties in the “Bill of Rights” refers to “a list of the liberties and protections possessed by a nation’s citizens” and adds the right to due process of law for all citizens regardless of gender, color, nationality, or religion applying these liberties to all states and the federal government (Krutz and Waskiewicz). For instance, an employee is not guaranteed promotion because the Bill of Rights and the Constitution do not guarantee employment law, but if promotion is denied based on race, ethnicity, or age, an employee’s civil rights are violated. Thus, in simpler words, civil rights are the protections to ensure equal treatment for all citizens whereas civil liberties are protections against the government’s actions.
The Constitution’s First Amendment assures the freedom of speech, religious practices, rights of conscience, and the right of peaceful petition. Second, Fourth, and Eighth Amendments prohibit “cruel and unusual punishments” that protect against self-incrimination, unnecessary search warrants, excessive bail, unreasonable seizures, double jeopardy, and fair procedures or trials for a person blamed for a crime (Hand). The “Third” Amendment prohibits involuntary and unreasonable home searching during peacetime. The “Fifth” Amendment prohibits double jeopardy, forbids deprivation of “life, liberty, or property”, bars taking of civilians’ private properties for public or governmental use, and forbids forced self-incrimination (Abraham and Perry). The Sixth Amendment in the Bill of Rights further protects the accused persons by establishing their rights to be informed of criminal charges, provides the fair right to have the “assistance of counsel” and the right to an immediate and just hearing in court cases. Seventh and Ninth Amendments establish rules and principles governing civil trials and state sovereignty immunity.
The Tenth Amendment revises procedures of presidential election for the powers or influences not “delegated” to the federal or state government. The civil right of an individual to privacy is a human right that protects everyone from unlawful and arbitrary interferences with their home, family, and privacy. While not explicitly stated in the US Constitution, some amendments under civil rights provide protection for an individual’s privacy. However, civil rights are not absolute so the court of law plays a significant part in interpreting and balancing civil rights in different clashing situations. So, the first ten amendments guaranteed by the US Constitution spell out significant civil rights and civil liberties for the people such as freedom of speech, trial by jury, protection from unreasonable seizures, and abolishing slavery.
The first ten amendments to the Constitution, ratified in 1971, enumerate specific freedoms and rights of the civilians of the United States as well as limit the influences of the federal jurisdiction and administration. The “Bill of Rights” or the “Constitution” includes the First Amendment which guarantees assembly, religion, and expression, the Fourth Amendment which forbids unnecessary seizures, the “Fifth and Six” Amendments which ensure the individual’s right to a fair lawsuit, the “Eight” Amendment forbids unusual and cruel punishments, and the Ninth Amendment affirms social rights that are not listed in the Constitution. In addition, the “Fourteenth Amendment” that was sanctioned in 1868 incorporates most of the Bill of Rights guaranteeing “equal protection of the laws to all people born or naturalized in the United States” and due process of law to all individuals (Hand). Thus, this ensures that states or governments cannot violate the civil liberties of U.S. civilians.
In conclusion, “civil rights” and “civil liberties” are supported through the U.S. Constitution to ensure freedom of expression, fair trial, free exercise of religion, and the right to personal safety. The President of the country, the Supreme Court, Congress, and all the people play a role in shaping and defending the constitutional rights of the people. Simply put, civil liberties are the basic freedoms and rights “guaranteed to individuals” as protection and basic rights “from any arbitrary actions or other interference of the government without due process of law” that are “guaranteed by the Constitution, the Bill of Rights”, in particular (Hand). Civil rights, on the other hand, grant certain rights and freedoms to the people that ensure equality and fair decisions based on merit irrespective of age, race, cultural background, gender, ethnicity, or religious practices.
Works Cited
Abraham, Henry Julian, and Barbara Ann Perry. Freedom and the Court: Civil Rights and Liberties in the United States. Eighth Edition, 2003.
Hand, Learned. The Bill of Rights. Harvard University Press, 1958.
Krutz, Glen, and Sylvie Waskiewicz. American Government 3e. 2021.
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