Harvey 1 Greg Harvey Professor Sharifian GOVT 2305-73012 February 11, 2018 Civil Rights vs Civil Liberties Many people, including myself struggle with the difference between civil rights and civil liberties. When I first started my research, I was still struggling with the differences. Civil liberties are much easier for me to grasp than civil rights. 1 Civil liberties have a very clear definition. According to UShistory.org, “Civil liberties are protections against government actions”. One interesting thing that I encountered while starting this project is that, according to this definition, the Bill of Rights is mostly civil liberties, not civil rights. This left me asking what are civil rights really then? As I continued to read, I discovered …show more content…
Baltimore “the Supreme Court ruled that the Constitution 's Bill of Rights restricts only the powers of the federal government and not those of the state governments.” This was a very important decision in the history of civil liberties. This basically meant that people were protected from the federal government but not their state government. Something had to be done to fix this. That is when the fourteenth amendment came into play. 2 The fourteenth amendment states that, “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; 3 nor shall any state deprive any person of life, liberty, or property, without due process of law; 4 nor deny to any person within its jurisdiction the equal protection of the laws.” This basically means that the liberties allowed to people by the federal government must be allowed by the state government. From this point on many important Supreme Court cases were decided based on the fourteenth amendment. The first that comes to mind for me is Plessy v. Ferguson in 1896. In this court case the state of Louisiana made a law requiring separate train cars for whites and people of color. Homer Plessy bought a ticket and sat down in a seat on a car that was only to be used by whites. He was subsequently arrested by the police and charged. He took the case to the Supreme Court and they ruled that it was constitutional to, “provide equal but separate accommodations for the white and colored races” This was law until Brown v. Board of Education in 1954. In this court case, the decision from Plessy v. Ferguson was overturned. They ruled that, “separate is inherently unequal”. This was a big win for civil rights for African Americans. Several years later, the history of civil rights and civil liberties was changed again in Mapp v. Ohio. In this court case evidence was illegally obtained from the home of Dollree Mapp. The case was taken to the Supreme Court where they
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Plessy v Fergusen was yet another court case where “separate but equal” was not implementing equality. It showed that they still thought of Black men and women as being less and not deserving the same rights as the White men. Homer Plessy was a free man, that was mainly White and because of a percentage he had of being Black he was treated as a Black man. He tried to sit in the train car of the White men and much like Rosa Parks was asked to go to the back where the Black men belonged in a different car. This case resulted in the Supreme Court defending the decision of the East Louisiana Railroad stating that they weren't violating any law by the ruling they had.
According to the Tenth Amendment of the constitution, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”. There have been moments in history where Congress has implemented laws that states felt were unconstitutional. The Constitution gave states the ability to counter the federal government’s power through the Judiciary branch of government, when they feel a law is unconstitutional. The Founders of our nation gave Congress enumerated powers to pass legislation that needs to be abided by all states and citizens. At times Congress will overstep its powers by enacting laws that are unconstitutional and the states have the right to challenge those powers.
John Marshall was a key founder of the judicial branch of government, with his political opinions he laid the foundation for the United States Supreme Court. He had practically no schooling and only studied law for a short amount of time, but changed the nation drastically for the better helping to determine what the constitution could and could not do. Through many court cases Marshall helped established the power of state and federal government, creating the prosperous nation that is known today. John Marshall’s most important trial was Marbury vs Madison in 1803, this famous court case established what became the most important practice in the Supreme Court, judicial review. William Marbury the Secretary of Peace started a petition for which his commission was not delivered by the Secretary of State.
The year of 1965 the black community let out a collective victory cry. They had finally gotten the rights they fought hard for. They could at last vote, go to school and college, and got the working condition they deserve. They couldn 't have done it without Martin Luther King Jr., but there were a slew of cases that were tried and further assisted in opening the black community 's opportunity pool. They were well known cases, like the Plessy vs. Ferguson, Brown vs. Board of Education, and the Regents of the University vs. Bakke, all very influential cases in the fight for rights.
The Supreme Court decided to choose to hold on to certain provisions given in the 14th Amendment while at the same time it decided to let go certain provisions which it fet were unnecessary. The Privileges and Immunities Clause and Due Process Clause were certain clauses that came up in certain cases and were scrutinized and either adopted or discarded. The Court was thus selective in choosing provisions from the Bill of rights based on the need of the day. Right to a trial by a jury for a serious criminal case was selected by the justice system whereas the Right to a jury in a Civil Case that involved $20 or more was discarded.
Before 1948 Julius A. Wolf had been arrested and tried for reasons not stated in the Supreme Court case, but the evidence that was used against Wolf was taken unlawfully, the police had no warrant for his arrest as well as no warrant to search his office. Wolf was able to get an appeal to be tried one more time. In 1948 the trial Wolf v Colorado Supreme Court had begun. It was a very controversial topic because the case was based on the violation of the Fourth Amendment right of protection from search and seizures.
When it came to civil rights, finding the right person to lead an entire population into freedom was a pretty important problem. The two most important leaders in the Civil Rights Movement were Martin Luther King Jr. and Malcolm X, and they were respected by a large portion of the black community in America. Although, when it came the troubling issues of segregation, both of schools and in everyday activities, and the violent approach to fight racism v.s. the non violent approach, Martin Luther King Jr. was a better person to lead black americans. The first reason why black americans needed Martin Luther King Jr. over Malcolm X was MLK’s view on segregation.
The Fourteenth Amendment (Amendment XIV) The amendments were put into place to protect the rights and civil liberties of all American citizens from the federal government. However, prior to the fourteenth amendment, there was no certainty with the constitution. The constitution did not state in a clear enough way who was protected under it and exactly what rights you had as an American Citizen. The 14th amendment was in response to the just passed thirteenth amendment, which ended slavery in all of the southern states.
er Awad Professor Muse SCMA 323: Business Law November 16, 2016 Brown vs. Board of Education: School Desegregation Brown vs Board of Education was one of the biggest cases ever brought upon the Supreme Court and on May 17, 1954, it was unanimously ruled that the segregation of races within public schools was unconstitutional. In fact, at the time of the case, over thirty three percent of public schools were lawfully segregated by race and the court had to decide between the racism within the United States. Dating back to the Civil War time, the United States declared its independence from England with a document known as the Deceleration of Independence; in this document it is stated “all men are created equal,” and this was definitely not
The civil rights and civil liberties the basic rights and the guaranteed rights according to the DifferenceBetween website. Civil Rights pertain to the equal treatment of individual irrespective of age, gender, race and disability. Civil liberties are rights guaranteed in the United States Constitution, which includes right to privacy, freedom of speech, freedom slavery and force labor, right to a fair trial, right to marry, right to vote, right to life, freedom from torture, right to liberty, freedom of conscience, freedom of assembly, and freedom of expression. Civil Rights is how each individual is treated by others, Civil Liberties is the freedom that each individual enjoys under the Constitution.
Civil liberties and civil rights are two closely related things but are two separate elements of the U.S. government. The textbook defines civil rights as the “rights related to the duties of citizenship and the opportunities for participation in civic life that the government is obliged to protect. These rights are based on the expectation of equality under the Law” while it defines civil liberties as “Those rights, such as freedom of speech and religion, that are so fundamental that they are outside the authority of the government to regulate.” In legal jargon, they sound very similar, but they differ greatly. The difference between the two is that the government stays out of the lives of the citizens in order to prevent suppressing citizens
Civil liberties are rights that protect us from over power from the government. Stated in the Bill of Rights, they limit the power of federal government. Because of them written out, the government could not take away these rights from Americans and if they try to, actions that impede on our rights are illegal. Civil liberties are the individual rights that we have. The main rights that are guaranteed are freedoms of speech, press, assembly, petition and religion.
Arguably the most significant civil rights activist in American history, led the boycott to victory. Consequently, the U.S. Supreme Court declared racial segregation for public transportation as unconstitutional. Here by, "***INSERT LAW -QUOTED**** BROWDER VS GALE 1956
1 Gurung Alisha Gurung Sherry S. Sharifian Govt. 1 2305-73431 SLO #1 February 11, 2018 Civil Rights and Civil Liberties: Differences and Relationship United States of America has had a long history describing every factor that come together to create it as a nation. The American history includes wars, cold wars, political issues, unions, rallies, movement and many other activities that established America as nation. In all of those activities, government had a great role into dealing with the issues. Also, one thing that is seen common in all of those movement was people and their fight for their rights and liberties.