The Constitutional Protection of Citizens Rights

Constitutional Rights Constitutional rights in the US are inalienable and entrenched Constitutional rights in the US are inalienable and entrenched What does this mean? What does this mean? How are rights protected in the US? How are rights protected in the US? How does this compare to the UK? How does this compare to the UK?

US Rights are entrenched in the US within the Bill of Rights which comprise of the first 10 amendments, there is a very difficult amendment process and the Supreme Court will strike down any legislation which seems to infringe rights eg Buckley vs Valeo in 1974 struck down the FECA legislation as violating first amendment right to free speech Rights are entrenched in the US within the Bill of Rights which comprise of the first 10 amendments, there is a very difficult amendment process and the Supreme Court will strike down any legislation which seems to infringe rights eg Buckley vs Valeo in 1974 struck down the FECA legislation as violating first amendment right to free speech

UK In the UK we do not have an entrenched Bill of Rights, instead we have the HRA which is a normal act of parliament and thus can be changed easily In the UK we do not have an entrenched Bill of Rights, instead we have the HRA which is a normal act of parliament and thus can be changed easily Judges can declare legislation to be incompatible with the HRA but they cannot strike down legislation and the government can ignore the judges advice. Judges can declare legislation to be incompatible with the HRA but they cannot strike down legislation and the government can ignore the judges advice.

Which parts of the constitution protect rights? First amendment – freedoms of speech, press and assembly. There is also no establishment of religion and freedom of religion First amendment – freedoms of speech, press and assembly. There is also no establishment of religion and freedom of religion Go through the constitution and note down the amendments which mention rights. Go through the constitution and note down the amendments which mention rights. You should be able to quote these within essay answers. You should be able to quote these within essay answers.

Guarantee of rights in the constitution 2 nd Amendment 2 nd Amendment Right to bear arms  4th Amendment  Rights against unreasonable searches  5 th Amendment  Right to remain silent  8 th Amendment  Against cruel and unusual punishments  10 th Amendment  States rights  13 th, 14 th and 15 th Amendments  Civil war amendments guaranteeing rights to former slaves, include ‘equal protection’ and ‘due process’ clauses  19th Amendment  Voting rights for women  24 th Amendment  Voting rights guaranteed to prevent discrimination towards minorities  26 th Amendment  Voting rights extended to over 18s

Role of the Supreme Court  Remember the role of judicial review and that ‘activist’ courts tend to extend rights through interpretation and courts which are ‘restrained’ are less likely to do so.  The interpretation of rights can change over time e.g. Plessy vs Ferguson (1896) interpreted the ‘equal protection’ clause to mean that separate and equal was constitutional. Brown vs BOE (1954) did the opposite. This had huge implications for US society. Use the sheet to look up and note down some cases which illustrate the protection of rights and how they have changed according to Supreme Court interpretation Use the sheet to look up and note down some cases which illustrate the protection of rights and how they have changed according to Supreme Court interpretation

Violation of rights There is a strong rights culture in the USA with people being aware of their rights and also it is a very litigious society. There is a strong rights culture in the USA with people being aware of their rights and also it is a very litigious society. However, that does not mean there have not been violation of constitutional rights in the past. Some examples: However, that does not mean there have not been violation of constitutional rights in the past. Some examples: Denial of voting and civil rights to black people even after the 14 th and 15 th Amendments Denial of voting and civil rights to black people even after the 14 th and 15 th Amendments The internment of Japanese-Americans during WW2 The internment of Japanese-Americans during WW2 The Patriot Act The Patriot Act Guantanamo Guantanamo

Violation of rights – recent cases Lawrence v Texas (2003) recognised gay rights Lawrence v Texas (2003) recognised gay rights Hamdi v Rumsfeld (2004) ruled that enemy combatants were entitled to constitutional rights Hamdi v Rumsfeld (2004) ruled that enemy combatants were entitled to constitutional rights Hamdan vs Rumsfeld (2006) illegal combatants were entitled to same legal protections as POWs Hamdan vs Rumsfeld (2006) illegal combatants were entitled to same legal protections as POWs