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Challenges to civil liberties in the US throughout the twentieth and twenty-first centuries
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Recommended: Challenges to civil liberties in the US throughout the twentieth and twenty-first centuries
Why are civil liberties considered fundamental and important to protecting U.S. citizens from both their National, State and Local governments? Civil liberties are constitutional freedoms that U.S. citizens have and that the government cannot abridge. The book American Government in Black and White by Paula D. McClain and Steven C. Tauber explains how civil liberties are important to a society. This paper will explain the importance of the selective incorporation of the Bill of Rights, the problems that continue to exist between the governments role in guaranteeing civil liberties to its citizens, and the conflicts with the civil liberty of the right to privacy. The Bill of Rights were ratified into the U.S. constitution in 1791and they are …show more content…
citizens but I will discuss the issue with the right to privacy. Privacy is a liberty that is not mentioned in the constitution specifically. This right to privacy is suppose to give U.S. citizens “a zone of control over personal life and this zone of control is immune from government intrusion” (McClain and Tauber 199) but the issue with the right to privacy is that the legal definition of privacy is not clearly stated and that there is always a constant debate on how far the right to privacy should go. One problem with the right to privacy is the issue with the right to die. The right to die is defined as a “individuals right to refuse life-saving medical treatment but does not include the right to commit suicide” (McClain and Tauber 119). There is a Death with Dignity Act that allows terminally ill people to end their lives with lethal medication that are prescribed by a physician and as of 2016 there is only four states with these laws which are California, Vermont, Oregon, and Washington. This Death with Dignity Act constantly conflicts with religious organizations because of personal beliefs. However, The U.S. Supreme court has said that the liberty of the right to privacy “includes the right to refuse medical treatments either directly, through a spouse, or indirectly, through a will” (McClain and Tauber 119) but if none of these options are available, the state will try keep the person alive as long as possible. This shows how the civil liberty of the right to privacy can basically make suicide or murder legal just because the government cannot interfere in an individual’s choice in a difficult
Typically the most basic civil liberties are found in a country’s bill of rights and then that country passes amendments as needed in order to grow the peoples’ civil liberties, or shrink them if need be. Now, in the case of the United States the people are not “granted“ civil liberties by the...
The Constitution lays out the rights and obligations of the newly formed United States government. But, what of the rights and obligations of its citizens? Starting in 1791 only two years after the Constitution was ratified the Constitution began to evolve and this process continues to this day. The first ten amendments to the Constitution are known as the Bill of Rights. This Bill of Rights outlines the protections which citizens have from the government of the United States. The question raised in the title of this paper is; Are the Bill of Rights, written well over 200 years ago still relevant today? Of course they are and probably even more so. To illustrate this fact we will examine each of the ten amendments rewrite each one using common everyday language of today and if possible discuss why this was important in 1791 and why we may or may not need this document in writing today. In restating each amendment I will try to write it as if it is a brand new document, which is a stretch to say the least. With out the struggle of the colonies through war and abuse by the English Monarchy would one have the foresight to see how a government may take for granted the rights of its citizenry?
How much privacy do we as the American people truly have? American Privacy is not directly guaranteed in any manner under the United States Constitution; however, by the Fourth Amendment, Americans are protected from illegal search and seizure. So then isn’t it ironic that in today’s modern world, nothing we do that it is in any way connected to the internet is guaranteed to remain discreet? A Google search, an email, a text message, or even a phone call are all at risk of being intercepted, traced, geo located, documented, and stored freely by the government under the guise of “protecting” the American people. Quite simply, the Government in order to protect us and our rights, is willing to make a hypocrite of itself and act as though our right is simply a privilege, and without any form of consent from the people, keep virtual tabs on each and every one of us. In the words of Former Supreme Court Justice Louis Brandeis “The right to privacy is a person's right to be left alone by the government... the right most valued by civilized men." Privacy isn’t just Privilege, it is nonnegotiable right, and deserves to be treated as such.
The protection of civil liberties and civil rights is critical to the existence of our society. Civil rights are the nonpolitical rights of people granted by the government that provide protection for citizens and guarantee fairness. For example, civil rights ensure a person receives equal treatment with regard to education, housing, employment, etc. Civil rights protect people from discrimination and unfair treatment. Civil liberties are basic rights for all people that are broad and guaranteed by the Constitution. Civil liberties are also referred to as personal freedoms. These liberties or freedoms give people the various rights without government interference such as the right to free speech, to vote,
Whether it is acceptable for the government to restrict any of our civil liberties during times of war, is of great concern and consideration. This essay argues that sacrificing some civil liberties occasionally to keep peace, defend our nation, and silence opposition, is reasonable. Our nation has already been through times where civil liberties have been muted in order to maintain their governmental influence. With the help of outside sources, the argument for limitation of civil liberties is made compelling and engaging.
... was instrumental to recognition of the constitutional right to privacy and the interpretation of the Ninth Amendment. This case shows that the Constitution is a living document that can be maneuvered to accommodate for the adaption of American peoples. While it is a stationary and unchanging document, unique interpretations can be gleamed.
Long a polarizing issue, a balance between civil liberties and national security has constantly trailed America’s pursuit of happiness. Civil liberties are defined as rights for each individual person that serve to protect said individuals, by law, from unjust governmental interference, and encompasses all interference that may infringe on given rights. Incidentally, America has sucumb to such infringments within its lifetime, some early in its history, and some with recurring now with vestiges of the more prominent liberty violations which had reigned before. A much more recent example, terrorist attacks offended on September 11 shook our nation and brought with it government reform that many had not seen before. And with these governmental reforms, America has begun to backlash after more and more information about these unjust offenses has begun to leak from both prolific media outlets and workers in government themselves. The attacks committed on September 11, 2001. Although initially intended to protect America, the war on terror has begun to encroach on civil liberties and the ...
Chapter fourteen of our text book covers the 3rd, 7th, 9th, 10th, 11th, 13th, and 14th amendments which cover different rights of the government and the people. In this paper, I will be summarizing these amendments and how they are important to us.
Individuals should not have to give up their personal freedoms for the sake of national security. In this case concerning national security, which seems broad, security can be differentiated into two aspects, internal and external. Internal security pertains more to the people because it represents the government. External security involves state laws and codes that help prevent attacks on the United States, terrorism and potential foreign invasion. Civil rights in the United States are the right of U.S. citizens to have privacy, freedom of speech, peaceful protest, fair trial, personal freedom, and equal protection. Thes...
Throughout American history, our civil liberties as American citizens have evolved immensely. For example, the first ten amendments in the U.S. Constitution are referred to as the “The Bill of Rights,” which contains some of the most cherished civil liberties, such as freedom of speech and religion. These civil liberties however, did not originally apply to state governments or institutions the state established. The Bill of Rights focused solely on what the national government could not do, allowing state governments to do whatever they wanted. For example, Massachusetts, Connecticut, and New Hampshire supported Congregationalist ministers with tax payer dollars for decades. After the Civil War, civil liberties expanded, because three new amendments were added: the Thirteenth, abolishing slavery, the Fourteenth, which redefined civil liberties and rights, and the Fifteenth, which allowed adult, male citizens to vote. The due process clause (contained in the Fourteenth Amendment) became one of the most important civil liberties, because it applied the language of the Fifth Amendment to state governments, proclaiming that they could not “deprive any person of life, liberty, or property, without due process of law....
The U.S. constitution contains no expression of valued rights in considering privacy. Therefore, the Supreme Court has adopted a rather narrow interpretation of the Fourteenth Amendment specifically in regards to the term liberty, as established in the due process clause . Earlier Supreme Court decisions were not concerned with how states constituted their residents. Thus, any state, at this time, was at the liberty to deprive its residents of their first amendment, freedom of speech, religion, and press. However, this is much leniency and room for interpretation in the Due Process Clause, because it may be stretched to constitute not only at federal level but the state level. Reinterpretation under the 14th amendment bonded the first ten Bill of Rights within state governments to protect the citizens’ liberty. State governments are then prohibited from denying persons within their jurisdictions the Privileges and Immunities of a United State citizen, and guarantees that all natural born citizens have Due Process and Equal Protection of their rights, this binding, in turn, created the incorporation doctrine . Thus, the due process clause does not govern how a state sets the rules for specific disciplinary procedures. For example, in the Bill of Rights it specifies that if a citizen were accused of a crime, then that citizen would have the right to defense from a lawyer. But, suppose the state, or federal, government did not privilege that citizen to a lawyer. Then, that government would have violated this citizen the right to due process that is assured in the constitution.
Schultz, David, and John R. Vile. The Encyclopedia of Civil Liberties in America. 710-712. Gale Virtual Reference Library. Gale Virtual Reference Library, n.d. Web. 18 Mar. 2010. .
From the beginning, the United States Constitution has guaranteed the American people civil liberties. These liberties have given citizens rights to speak, believe, and act freely. The Constitution grants citizens the courage to express their mind about something they believe is immoral or unjust. The question is, how far are citizens willing to extend the meanings of these liberties? Some people believe that American citizens take advantage of their civil liberties, harming those around them. On the contrary, many other people feel that civil liberties are necessary tools to fight for their Constitutional rights.
The privacy of the individual is the most important right. Without privacy, the democratic system that we know would not exist. Privacy is one of the fundamental values on which our country was founded. There are exceptions to privacy rights that are created by the need for defense and security.
The right to privacy is our right to keep a domain around us, which includes all those things that are apart of us, such as our body, home, property, thoughts, feelings, secrets and identity. The right to privacy gives us the ability to choose which parts in this domain can be accessed by others, and to control the extent, manner and timing of the use of those parts we choose to disclose (Privacy Concerns 1). “Everyone has the right for his private and family life, his home and his correspondence. There shall be no interference by a public authority with the exercise of this right…” (Privacy concerns 2). In 1998, the Human Rights Act, the act sets out the fundamental rights and freedoms that individuals have, came into force; it incorporated the European Convention on Human Rights, Article 8 which protects the right to private and family life. Was the first time there was a generalized right to privacy recognized by law in this country.