Civil Liberties and Civil Rights

1. Civil Liberties and Civil Rights

2. Opening Question • Question: • Are civil liberties and civil rights one in the same? In other words, do they mean the same thing? Explain. If possible, please supply examples to support your answer. • Simple Answer: • Civil liberties differ from civil rights. Civil liberties protect individuals from abuses of the government, whereas civil rights come about as a result of the equal protection under the law. Both civil liberties and civil rights limit the power of the government.

3. Civil Liberties • Civil liberties concern basic rights and freedoms that are guaranteed in the Constitution, in the Bill of Rights, in other amendments ratified, as well as through court interpretation. • The Bill of Rights, adopted in 1791 by the states two years after the ratification of the Constitution, established civil liberties for Americans. Viewing the Bill of Rights you will notice a number of “negative” statements: • “Congress shall make no law …” abridging freedom of religion, speech, press, assembly, petition. • “The right of people to keep and bear arms shall not be infringed.” • “No soldier shall …” be quartered. • “The right of the people … shall not be violated …” regarding unreasonable search and seizures. • “No person shall be held …” to be a witness against himself, in double jeopardy, or “deprived of life, liberty, or property without due process of the law …” • “Excessive bail shall not be required. Nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

4. Civil Liberties • Definition: • The term civil liberties is used to refer to guarantees of freedom of speech, press, or religion; due process of law; and other limitations on the power of the state to restrain or dictate the actions of individuals.

5. Civil Rights • The rights belonging to an individual by virtue of citizenship, especially the fundamental freedoms and privileges guaranteed by the 13th and 14th Amendments to the U.S. Constitution and by subsequent acts of Congress, including civil liberties, due process, equal protection of the laws, and freedom from discrimination. • The legal area known as civil rights has traditionally revolved around the basic right to be free from unequal treatment based on certain protected characteristics (race, gender, disability, etc.) in settings such as employment and housing.

6. Civil Liberties and Civil Rights • Definition: • The term civil rights is used to imply that the state has a role in ensuring all citizens have equal protection under the law (14th Amendment) and equal opportunity to exercise the privileges of citizenship regardless of race, religion, sex, or other characteristics unrelated to the worth of the individual. • “Equality of opportunity, not results” • One way to consider the difference between civil liberties and civil rights is to look at • what right is affected. • whose right is affected.

7. Civil Liberties and Civil Rights • For example, as an employee, you do not have the legal right to a promotion, mainly because getting a promotion is not a guaranteed “civil liberty.” • But, as a female employee you do have the legal right to be free from discrimination in being considered for that promotion - you cannot legally be denied the promotion based on your gender (or race, or disability, etc.). • By choosing not to promote a female worker solely because of the employee's gender, the employer has committed a civil rights violation and has engaged in unlawful employment discrimination based on sex or gender.

8. Homework • Current Event is due tomorrow • Window-Side: Civil Liberties • Door-Side: Civil Rights • Article (internet, newspaper, magazine) may date back one year from today