Civil Liberties Civics 2013

Civil Liberties do not equal Civil Rights… Civil Liberties are freedoms that are guaranteed to the individual. Civil rights are policies that extend basic rights to groups historically subject to discrimination; Civil Liberties are restraints on government. In contrast Civil Rights declare what the government must do or provide

What are Civil Liberties? How are Civil Liberties protected in the Constitution?! ***14th Amendment*** Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without *due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. *These words have as their central promise an assurance that all levels of American government must operate within the law ("legality") and provide fair procedures.

Original Constitution Writ of Habeas Corpus No bills of Attainder No ex post facto laws Trial by jury in federal court in criminal cases Protection as citizens move from one state to another No titles of nobility Limits on punishment for and use of the crime of treason No religious oaths for holding federal office Guarantee of republican government for all states Original Constitution

Art I Sec 9 US Constitution The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. Art I Sec 9 US Constitution “produce the body” – present in court to explain to a judge why the person is being held. Habeas Corpus

1st – freedom of speech, press, assembly , petition- also freedom of religion…more later 2nd – right to bear arms 3rd – prohibits quartering of soldiers in any house 4th – restricts searches and seizures 5th- grand juries, eminent domain, prohibits forced self incrimination and double jeopardy Bill of Rights

Bill of Rights 6th- outlines criminal court procedures 7th- trail by jury in civil cases 8th- prevents excessive bail/fines and cruel & unusual punishment 9th- rights retained by people (it’s not just 1-8) 10th- reserves powers to the states Bill of Rights

Civil liberties: constitutional protections for individuals against government action Civil rights: Gov action to protect individuals/groups against discrimination or unequal treatment Liberties vs. Rights

It is important to note the difference between "civil rights" and "civil liberties." 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. "Civil liberties" concern basic rights and freedoms that are guaranteed -- either explicitly identified in the Bill of Rights and the Constitution, or interpreted through the years by courts and lawmakers. Explained

One way to consider the difference between "civil rights" and "civil liberties" is to look at… 1) what right is affected, and 2) whose right is affected. 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.