Ben Byerly Professor Sharifian 9/30/17 Govt 2305 Civil rights v. Civil Liberties Since the foundation of America, many people who lived in the new country struggled to obtain the basic civil rights and liberties that were necessary for a republic. Whether men were treated differently because of the color of their skin, gender, or ethnicity, the equality that was desired for Americans was not granted till the fourteenth amendment was passed. Unlike civil rights, civil liberties are constantly changing as terms are defined and the supreme court determines the correct ruling on cases. These two important topics are what protect and allows Americans to live luxurious lives compared to other nations. Civil rights and Civil liberties are …show more content…
In today’s society, many people living in the United States of America do not know the difference between civil rights and civil liberties. 1 People often consider civil rights to be civil liberties. Civil liberties are individual rights that have been protected by the bill of rights against the state and local government actions through the process called selective incorporation. Selective incorporation is a process where the rights listed in the bill of rights are incorporated into the due process clause of the 14th amendment to protect them from state action. 2 The basic Civil liberties are found in the first ten amendments of the constitution, the bill of rights. Some of these include the right to a jury trial, freedom of religion, bear arms, be free from self-incrimination, etc. These liberties are legal guarantees while civil rights are not. Civil rights are the rights of the people to be treated equally no matter one’s religion, race, ethnicity, color, or gender. The basic Civil Rights of the people is stated in the 14th Amendment stating in section one, “No state shall. 3 deprive any person of life, liberty, or property, without due process of law. ” The term ‘due process’ requires states and governments to take the necessary precautions and safeguards when it comes to civil rights, but if necessary they can be taken, while Civil liberties …show more content…
The ACLU fought against these counties saying, “the displays violated the first amendments establishment clause, which prohibits the government from passing laws respecting an establishment of religion.” (OYEZ- ACLU v. McCreary County.) The supreme court agreed that it did violate the establishment clause by a 5-4 vote, by presenting biblical passages on walls as well as them in isolation. The ACLU v. McCreary County case is an example of a Civil Liberties case.
Civil rights and liberties are not understood by many but affect all. One must be willing to know their rights and liberties to successfully live a happy life in this great nation. Civil rights and liberties define who and what one will become.
6 Works Cited- "Schenck v. 7 United States." Oyez, 1 Oct. 7 2017, www.oyez.org/cases/1900-1940/249us47.
"McCreary County v. 1 American Civil Liberties Union of Ky." Oyez, 1 Oct. 2017, www.oyez.org/cases/2004/03-1693.
Scheneck v. 7 United States.” OYEZ, www.oyez.org/cases/1900-1940/249us47.
Staff, LII. 8 “14th Amendment.” LII / Legal Information Institute, 12 Nov. 2009, www.law.cornell.edu/constitution/amendmentxiv.
Schenck v. United States.” LII / Legal Information Institute,