American Case Law: American Government
The Bill of Rights guarantees certain freedoms to every citizen, including the right to freedom of speech and religion. Civil rights laws protect citizens against discrimination based on ethnicity, gender, and religion. By ensuring the right to due process and equal protection under the law, the 14th Amendment guarantees civil freedoms. The difference between civil liberties and civil rights is that civil liberties are freedoms that the government cannot take away, while civil rights are protections against discrimination. By forbidding government discrimination, it relates to civil rights. In Brown v. Board of Education, segregation in public schools was outlawed, advancing civil rights. Mapp v. Ohio advanced civil liberties by requiring the police to get a warrant before searching a person’s home. Fisher v. the University of Texas went civil rights by requiring universities to use a race-conscious admissions policy. Even if the address was offensive, Snyder v. Phelps advanced civil liberties by protecting the right to free speech.
The United States Constitution includes several critical civil liberties guaranteed by the 1791-ratified Bill of Rights. These include freedom of expression, the press, religion, the right to keep and bear weapons, and a fair trial. All citizens, regardless of race, color, or faith, are granted certain privileges under the 14th Amendment, enacted in 1868. Equal legal protection and due process are other guarantees (Patterson). The US Supreme Court banned racism in public schools in the famous Brown v. Board of Education case. According to Mapp v. Ohio, police need a warrant before searching someone’s home. Fisher v. the University of Texas required universities to use a race-conscious admissions policy. Snyder v. Phelps protected the right to free speech, even if the address was offensive. These cases have all advanced civil liberties or civil rights in the United States. They have helped to create a more just and equal society.
Civil liberties are freedoms that the Constitution and other laws guarantee. They protect citizens from government overreach and ensure that everyone has certain fundamental rights, such as free speech and a fair trial. On the other hand, civil rights are rights that all citizens have by citizenship. These liberties, which include the right to vote, the right to an education, and the right to equal treatment under the law, cannot be restricted by the state. Although both civil rights and civil liberties are crucial, their functions differ. Civil rights ensure that all citizens have access to the same fundamental freedoms and opportunities, whereas civil liberties defend citizens from abuse by the government.
The right to free expression is one illustration of civil liberty. This means that the government cannot punish someone for expressing their opinions, even if they are unpopular or offensive. This right is essential for a functioning democracy, as it allows for open debate and the exchange of ideas. One example of a civil right is the right to vote. All citizens have this right, regardless of ethnicity, gender, or financial status. Thanks to this, everyone will have a voice in how their government is run. Freedoms like the right to free speech and religion are civil rights that the government cannot restrict. All citizens are entitled to certain civil rights, including the right to vote and the right to a fair trial.
Civil liberties and civil rights are protected under the United States Constitution’s Fourteenth Amendment. It forbids states from refusing anybody within their jurisdiction the equal protection of the laws and from denying them the right to life, liberty, or property without due process. After the Civil War, in 1868, the 14th Amendment was ratified. All people, including African Americans, were intended to have their civil rights protected by the amendment. Various provisions in the 14th Amendment defend civil liberties and freedoms. The due process clause safeguards life, liberty, and property rights. The clause forbids states from denying these rights to anyone without giving them a fair trial. Before taking away someone’s life, liberty, or property, the government must establish a reasonable and impartial procedure.
According to the Equal Protection Clause, all people will be afforded equal protection under the law. The clause forbids states from depriving anyone under their control of equal protection of the laws. The government must treat everyone equally, regardless of color, gender, or other traits. The Privileges and Immunities Clause, which ensures that all citizens have the same privileges and immunities, is also a part of the Fourteenth Amendment. The section forbids states from denying these rights to anyone. The guarantee of due process and equal protection under the law provided by the Fourteenth Amendment safeguards civil freedoms and human rights. In the famous decision of Brown v. Board of Education, the Supreme Court declared racial segregation in public schools to be unconstitutional. This case set the way for later civil rights lawsuits that expanded civil liberties or civil rights, like Mapp v. Ohio and Fisher v. the University of Texas.
In the historic decision of Mapp v. Ohio, the US Supreme Court decided that evidence collected through unauthorized searches and seizures is not admissible in state courts. As it was established that people had a right to privacy and protection from unauthorized searches and seizures, this case was crucial in promoting civil liberties. The Supreme Court of the United States found that using race as a criterion for college admissions is permissible in Fisher v. the University of Texas, a significant decision (Patterson). To encourage diversity, this case established that colleges and universities could consider race when making admissions decisions. The United States Supreme Court ruled in the historical point of Snyder v. Phelps that offensive or shocking speech is protected under the First Amendment. This case proved that people have the right to free speech, even if such an address is objectionable, which was crucial in expanding civil liberties.
The distinction between civil liberties and civil rights is that the former refers to freedoms the state cannot restrict, whereas the latter refers to protections against discrimination. Freedom of expression illustrates a civil libertarian ideal, whereas the right to vote shows a liberal ideal. There are various ways in which the 14th Amendment applies to civil liberties and civil rights. First, the amendment safeguards the rights of people to a fair trial and equal protection under the law. This means that the government cannot deprive citizens of their fundamental rights and must treat everyone fairly (Patterson). Second, the amendment forbids states from passing any legislation restricting citizens’ civil liberties or rights. The amendment also demands that the law be applied equitably to all citizens.
In conclusion, it implies that all citizens, regardless of ethnicity, religion, or other characteristics, must get equal protection from the government. Civil rights were advanced by the landmark case of Brown v. Board of Education. The decision helped end racial discrimination in education by ruling that segregated schools were against the law. An issue that improved civil liberties was Mapp v. Ohio, which established that evidence gathered through unauthorized searches and seizures could not be utilized in court and contributed to protecting people’s right to privacy. In addition, the possibility of Fisher v. University of Texas enhanced civil rights. The case ruled that race could be used in college admissions to promote diversity.
Work Cited
Patterson E. Thomas. “We the people: An introduction to American government.” 14th ed., McGraw Hill. 2022