Civil liberties can be defined as the protection from our own government actions. While civil rights can be defined to make sure all the liberties are fair and equal for all. For example a few civil liberties include freedom of speech, right to vote and the right to privacy right to bear arms. The Amendments then make sure that all those liberties are fair for all by adding clauses. An example is that the 1st Amendment has a clause of freedom of speech but then a clause was added to protect freedom of the press. Freedom of speech is a liberty but the freedom of the press is a civil right because it includes the press to be treated fairly. Right to Bear Arms The right to bear arms is a civil liberty because as Weeks notes that the 2nd Amendment states “A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed" (Weeks). That one sentence can and has been taken many different ways and can mean different things but it is clear that the Founding Fathers did realize that there could be a time where the government could take over the country if the people did not have means to protect themselves. And that is exactly what civil liberty is meant to do, protect the people from the government. I take it also as the government was not set up and realized it’s limitations that it could not protect all American citizens all the time so it gave the people the right to be able to defend themselves. Heller vs District of Columbia The Supreme Court held a 5-4 decision that the Second Amendment protects citizen’s right to obtain, carry and own a firearm without it being in use for militia purposes or other lawful reasons, like for self-defense. Before the Supreme Court ruled in favor of the Second Amendment to stand for letting citizens carry firearms to protect themselves the District of Columbia put in a handgun ban said that rifles and shotguns should be unloaded and disassembled or kept under a trigger lock at all times. Heller vs District of Columbia is an important case because without having a weapon in firing order then the arms can only protect a person as much as a paperweight. The District of Columbia had put a ban on
The difference between civil liberties and civil rights are, civil liberties are freedoms guaranteed by the Bill of Rights. The liberties are “freedom of speech, religious expression, and press, as well as due process of the Fourteenth Amendment.” (Bianco, Canon 2011, p 153) Civil liberties limit what the government can do to you. An example is “Congress shall make no law… abridging the freedom of speech.” (Bianco, Canon 2011, p 153) Civil liberties are about people’s freedoms. Civil rights protect against discrimination from both by the government and individuals. civil rights are about equal rights. “In contrast, civil rights protect all persons from
The right to arm oneself is viewed as a personal liberty to discourage undemocratic/ oppressive governing bodies from forming and to repel impending invasions. Additionally, the right to bear arms was instituted
Civil liberties are basic freedoms granted to individuals in the Bill of Rights. Individual freedom can survive only under a system of law by which both the supreme and the governed are bound. Such a system of fundamental laws, Civil rights are constitutional guarantees, which mean they are granted to individuals with the body of the Constitution in the form of amendments. Many civil rights were granted after the Constitution was written, but civil liberties were included in the Constitution since their adoption in the Bill of Rights in 1791.
Overall, the main difference is that Civil Liberties deals with unalienable rights and Civil Rights defends people 's equality.
Webster defines civil liberty as a freedom from arbitrary governmental interference specifically by denial of governmental power, and in the United States especially as guaranteed by the bill of rights. Civil liberties are the basic rights, and freedoms that are due to every American citizen. More than often, civil liberties and civil rights are often used synonymously, but those terms are very distinct. A civil rights violation happens during designated situations where a person is discriminated against based on physical characteristics. However, civil liberties deal with basic rights and freedoms that are guaranteed within the Bill of Rights and U.S constitution, inferred over the years by courts, and legislatures. Although, there are many liberties outlined within the United States constitution freedom of speech will be expounded upon.
There is a difference between civil liberties and civil rights in relation to the government. Civil liberties refer to an individual’s unalienable freedoms that cannot be taken away by political intervention. On the other hand, civil rights are provided by the government in order to promote equality. This ideology was introduced to the founders of the nation by John Locke, who believed in natural rights. Locke stated that these natural rights are to be protected and secured by the government. The question that should be raised now is whether the government truly does protect our civil rights and have the citizens’ best interest in mind.
Civil Liberties and Civil Rights are two terms that are often used interchangeably in America. Since the founding of our nation there has always been the debate of the limit of government and what rights were guaranteed to each individual. Many of the architects of our government feared that national government could one day become too powerful and begin to infringe on the individual rights of the citizens. As a result, a Bill of Rights was added to our constitution. The Bill of Rights serves as a guide of what the government cannot do. Civil Liberties simply establish precedent on what rights the United States government cannot abridge on. Civil Rights, on the other hand applies to the rights of individuals. Over the history of our nation the question of civil rights has found itself becoming a pillar of our legal system and has been very instrumental in our quest to become a “more perfect union”. In recent history one civil liberty that has caused a continual controversial debate is the second amendment, in addition to how it applies to gun control measures that are being proposed in order to decrease the level of mass shootings. The second amendment clearly defines the intention of individuals to have the right to bear arms. In order to understand why gun control advocates have failed to secure effective gun control legislation, we must explore the reasoning why the second amendment is interpreted the way it is and should Americans be allowed to own guns?
Civil Rights In the U.S. most use the terms Civil Liberties and Civil Rights interchangeably; although they both protect the freedom of citizens they do this in different ways. 2 Civil Liberties are limitations placed on the government. These are things the government is restricted to do, by the constitution. Things that could interfere with personal freedom. 3 For example, the 1st amendment says that no law can be made establishing a set religion. (Course, 2015) Therefore no laws can be made pertaining to a set religion. Civil liberties can be seen as broader laws, placed against the government. 2 Whereas Civil Rights are almost like curbs
Civil liberties are defined as rights given to individuals that cannot be taken away because they are protected within the constitution. Some of these rights include the freedom of speech and religion. Civil liberties are rights that are guaranteed to American citizens and no one in the government is able to take these away. Civil liberties are essential to Americans because they protect against unfair treatment from the government and provide Americans with the security their freedoms will remain intact. Whereas, civil rights is defined as rights that should be given towards political and social freedom. This helps protect people of different races, genders, or sexual orientation against harm or unlawful treatment. Civil rights are important because they give people, who are mocked or not given fair circumstances, more rights that allow them to be equal citizens.
1. 2 Define Civil Liberties; then define Civil Rights. How are they similar? How do they differ? Which civil sequence has more influence on your life as you know it to be now? Why do you believe this to be so?
Definitions Civil liberties refer to the fundamental freedoms and rights that are secured by the constitution, or the Bill of Rights. They also refer to safeguards against the authority actions. For instance, the First Amendment assures citizens the freedom to exercise their preferred religion (Patterson, 2014). Therefore, the government cannot hamper the rights of an individual to worship. In this respect, the individual has liberty from government’s activities.
In 2008, the District of Columbia v. Heller case was debated by the Supreme Court. In the end, the Supreme Court ruled 5-4 that the District of Columbia’s prohibition of registering handguns and keeping them assembled in the house did, in fact, violate the Second Amendment. In the opinion, Justice Antonin Scalia also stated that the right to bear arms does not only apply to those in the
The court case District of Columbia v. Heller all started when the right to have ownership of a handgun was forbidden with changes to the D.C (District of Columbia) regulations. The law prohibits the registration of a handgun and made it a offence to carry an unregistered firearm. So all legal firearms owned must be kept unloaded, disassembled, or locked up by a trigger lock, except if they were being used for lawful recreational events or in a place of business. Dick Heller is a special law enforcement officer in the District of Columbia, he applied to register a handgun he wanted to have in his home and the District of Columbia denied his request. Heller felt as if that went against the rights given to the over-all public through the Second
The Second Amendment of the United States Constitution reads: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” The constitution is clearly saying all citizens have the right to be able to own and carry a weapon or firearm. On June 26, 2008, in District of Columbia v. Heller, the United States Supreme Court held in a 5-4 decision that the Second Amendment protects an individual’s right to possess a firearm for traditionally lawful purposes, such as self-defense within the home and within federal enclaves (Cornell 1). This is showing how our founding fathers supported the right to bear arms.
One easy way to differentiate civil rights and civil liberties is to recognize civil liberties as the protection of our rights from any type of government interference. Similarly, Civil rights are rights through which there is no discrimination in people on any basis like race, sex, religion. The best example to differentiate civil rights and civil liberties would be same sex marriage. Right to get married comes under civil liberty whereas marring with same sex or different sex is a civil right of an individual.