Civil rights and civil liberties are mentioned throughout the United States Constitution. It is not uncommon for people to assume that both terms mean the same thing. In fact, these two terms have different meanings. Civil rights are a form of equality among the people of the United States. Rights are given to legal citizens of this country and are implemented in the Amendments and the Bill of Rights. There are many rights that individuals can utilize and practice freely.
In the Declaration of Independence, it discusses the rights of protection that is guaranteed by the government of the United States. Equal rights had been set in place to ensure legal protection for everyone who was a legal citizen. Over time these civil rights had made progress of equality for minority groups, women, and African Americans. Positive actions were taken to give the people of the country freedoms, which were considered civil rights by the government.
Rights that people have in the United States have increased over the years and manifested equality to all people without prejudice. “Civilians have the right to freely and equally participate in public policy, political matters, and all public affairs” . Election voting in political campaigns is an equal right that civilians can freely do without discrimination. Other civil rights that Americans have are; freedom of speech, freedom of the press, right to bear arms, the right to due process, the right to fair trial, and freedom of religion. These are important rights that are protected by the Constitution and civilians can freely take part in practicing.
Civil liberty relates to civil rights because they both involve citizen’s legal protection. The difference between civil rights and civil liberties are based on the government action. Liberties ensure that the government cannot take away the freedoms and guarantee a protection of those rights. Violation of civil rights regarding the government is protected by the civil liberties of the Bill of Rights. In the Constitution, there are two different categories associated with the rights and liberties. “ The First category relates to the freedoms and equality of the civilians, and the second category refers to the legal system of the country” .
Supreme Court Cases have upheld civil liberties that were consistent with individuals’ civil rights. Obergefell v. Hodges used the Fourteenth Amendment to win that case. “It reflected the due process clause which stated that no State shall deprive life, liberty, or property under the Due Process Law” . The court decision had reviewed the Fourteenth Amendment and declared that gay marriage is recognized in all states of the United States. Civil liberty had protected citizens from the government and declared the rights to be upheld.
In 1991 a prominent Supreme Court case regarding women had used civil liberty to keep the freedom of women’s rights active. A woman was pregnant and had to take maternity leave from her job at the UAW. Her job was going to be in jeopardy due to maternity leave. “Women’s rights had guaranteed protection for pregnant women under the Pregnancy Discrimination Act” . Johnson had won her case regarding her employer and would be able to keep her position after returning from maternity leave. Her position in the company had also exposed her to high levels of lead from the battery product that she was handling on a daily basis. It was brought to the attention that the women who were working that position had become pregnant and the high level of lead in their bloodstream was harmful. The women were found to not be fired from their position because of their pregnant status within the company. All women who were pregnant were not required to continue that position due to the health risk of their unborn child.
Civil liberties have been used in numerous cases for decades. One of the main cases that protection is valued is concerning police brutality. Police force and brutality is against the civil rights and violates the Constitution. This type of incident is a reoccurrence in many civilian situations. Supreme Court cases are heard every year regarding police brutality. In the case of Kingsley v. Hendrickson, police brutality was the main focus. Police officers had to prove that the accused was resisting arrest and that force was needed to subdue him. Supreme Court Judges had to make the decision after reviewing the case to determine if the officers had violated the civilian rights and violated the civil liberty.
The case was referred to the Fourth Amendment and had declared that force was in violation of the individuals’ rights. Officers were found guilty of this violation and charges had been reversed due to the police brutality that was used against him. When these types of cases happen it is not uncommon for civilians to sue police departments who violate their rights and cause them physical harm. Liberty protects against this form of government wrongdoing and will protect the civilian in these cases.
Legal civilians who take action against violation of their rights have the liberties of the Constitution to back them up. They will have a good case against the government officials who try to violate those rights. The Supreme Court is mandated to ensure those rights are properly used and not intentionally violated or disarmed. It is important to understand civil liberty protects the people and their civil rights. When those rights are not upheld there are consequences that can take place. Laws are to be followed by government officials, police, and civilians and should not be disregarded due to the higher power of the law.
Work Cited
Hallman, L. "Important Supreme Court Cases for Civil Rights." The Leadership Conference (2015): 1-6. Web.
Johnson, Paul. "Civil Rights, Civil Liberties." Department of Political Science (2005): 1-3. Web.
Smith, Rebecca. "Major civil liberties victories in Supreme Court." Civil Liberties Defense Center (2015): 1-6. Web.
Thompson, T. "Civil Liberties and Civil Rights." American Goverment (2008): 1-4. Web.
