Civil Liberties are Constitutional Protections Against the...

We know people support rights in theory but their support may waiver when it comes time to put those rights into practice. Civil liberties are legal constitutional protections against the government, and basically, tell the government what it cannot do. Judicial interpretations shape the nature of civil liberties, and as these interpretations change over time, so do our rights. To understand the civil liberties and freedoms we have, and how they have changed, we must examine several key Supreme Court decisions. One of the most common controversies addressed by the court is should the Bill of Rights apply to state governments. In 1833 in Barron v. Baltimore, the Supreme Court ruled that the Bill of Rights only applies to the national†¦show more content†¦The full faith and credit clause requires states to recognize legislative acts, public records and judicial decisions of other states. States cannot discriminate against residents of other states because they are American cit izens in the privileges and immunities clause. (pg. 79) The Supreme Court uses to forms of scrutiny, ordinary and strict, to determine if the actions of elected government officials are constitutional (ordinary) or unconstitutional (strict). (pg. 84) Before the Civil War, slavery was a common staple in Supreme Court cases. Dred Scott v Sanford, 1857, was such a case. The Supreme Court ruled that slaves were not citizens of the United States, nor were they entitled to the rights and privileges of citizenship. The Court also ruled that the Missouri Compromise, which banned slavery in the territories in the southern border of Missouri, was unconstitutional, thus invalidating it. (pg. 80) Many of the Supreme Court cases over the years have been central in incorporating the freedoms given in the Bill of Rights into state legislatures. These liberties include freedom of religion, speech, press plus privacy rights and the rights of the accused. The first case to selectively incorporate a part of the Bill of Rights was Gitlow v New York in 1925. Benjamin Gitlow was convicted of criminal anarchy for his involvement in theShow MoreRelatedArticle Vii Of The U.s. Constitution State That Laws Passed By Congress946 Words   |  4 Pagesthat the rights and liberties of citizens are secure. Unless the government can prove that it has a very good reason to control individual’s freedom. By virtue of being human, all individuals are in possessions of certain natural rights, such as the right to a free trial and freedom of speech, freedom of religion. Civil liberties are freedoms that are guaranteed protection of people from an over-powerful government. Civil liberties are rights that cannot be restricted by government regardless of ethnicityRead MoreAnalysis Of Fareed Zakaria s The Rise Of Illiberal Democracy1330 Words   |  6 Pagesaffected the Civil Rights Movement. He also explains how illiberal democracy can lead to civil war and genocide. With the Civil Rights M ovement, the use of liberties the blacks did have were used efficiently to accomplish desegregation in most aspects of life. In the article, Fareed Zakaria explains the difference between a liberal and illiberal democracy. He starts with liberal democracy, which is a free and fair voting system that protects its citizen’s liberties, much likeRead MoreAnalysis Of Fareed Zakaria s The Rise Of Illiberal Democracy1353 Words   |  6 Pagesdemocracy seems to have affected the Civil Rights Movement. He informs the reader about how illiberal democracy can lead to disputes, and disagreements which could lead to a civil war and even genocide. 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Civil liberties have been affected immensely by the Patriot Act.   A brief definition of the Patriot Act is; uniting and strengthening AmericaRead MoreWith Liberty and Justice for All1579 Words   |  7 PagesIn a time of transition when people began to question the purpose of government, fifty-five men who represented thirteen victorious colonies of the new world gathered in Philadelphia, Pennsylvania. They gathered here to discuss and develop a government never before know to the world. This revolutionary idea of government would forever change the way the world looked at power and liberty, but in order to produce such a government the fifty-five delegates would have to answer a couple questions firstRead MoreCivil Liberties And Civil Rights1318 Words   |  6 Pagesfrom the people. Out of these changes, civil rights and civil liberties have erupted in order to protect the lives of citizens even more. Who we are as citizens of the United States can be characterized by the conce pt of civil rights and civil liberties, the idea that the constitution protects the major rights enumerated in the Bill of Rights, marginalized groups, the second amendment, and the civil rights act of 1875. The protection civil liberties and civil rights provided for the people is oneRead MoreThe Rights Of State Governments And The Federal Government1442 Words   |  6 Pagesalso called the Incorporation Doctrine, says that states cannot enact laws nor make court rulings that take away the constitutional rights of American citizens that are given by the Bill of Rights. Origins of this doctrine dates back to the beginning of constitutional America. There were debates over the relationship between the rights of state governments and the federal government. To guarantee that certain rights were not limited, the Federalist, an early political party, had insisted that the