civil liberty essay

Chapter 4: Civil Liberties

What Are Civil Liberties?

Learning objectives.

By the end of this section, you will be able to:

• Define civil liberties and civil rights
• Describe the origin of civil liberties in the U.S. context
• Identify the key positions on civil liberties taken at the Constitutional Convention
• Explain the Civil War origin of concern that the states should respect civil liberties

The U.S. Constitution —in particular, the first ten amendments that form the Bill of Rights—protects the freedoms and rights of individuals. It does not limit this protection just to citizens or adults; instead, in most cases, the Constitution simply refers to “persons,” which over time has grown to mean that even children, visitors from other countries, and immigrants—permanent or temporary, legal or undocumented—enjoy the same freedoms when they are in the United States or its territories as adult citizens do. So, whether you are a Japanese tourist visiting Disney World or someone who has stayed beyond the limit of days allowed on your visa, you do not sacrifice your liberties. In everyday conversation, we tend to treat freedoms, liberties, and rights as being effectively the same thing—similar to how separation of powers and checks and balances are often used as if they are interchangeable, when in fact they are distinct concepts.

DEFINING CIVIL LIBERTIES

To be more precise in their language, political scientists and legal experts make a distinction between civil liberties and civil rights, even though the Constitution has been interpreted to protect both. We typically envision civil liberties as being limitations on government power, intended to protect freedoms that governments may not legally intrude on. For example, the First Amendment denies the government the power to prohibit “the free exercise” of religion; the states and the national government cannot forbid people to follow a religion of their choice, even if politicians and judges think the religion is misguided, blasphemous, or otherwise inappropriate. You are free to create your own religion and recruit followers to it (subject to the U.S. Supreme Court deeming it a religion), even if both society and government disapprove of its tenets. That said, the way you practice your religion may be regulated if it impinges on the rights of others. Similarly, the Eighth Amendment says the government cannot impose “cruel and unusual punishments” on individuals for their criminal acts. Although the definitions of cruel and unusual have expanded over the years, as we will see later in this chapter, the courts have generally and consistently interpreted this provision as making it unconstitutional for government officials to torture suspects.

Civil rights, on the other hand, are guarantees that government officials will treat people equally and that decisions will be made on the basis of merit rather than race, gender, or other personal characteristics. Because of the Constitution’s civil rights guarantee, it is unlawful for a school or university run by a state government to treat students differently based on their race, ethnicity, age, sex, or national origin. In the 1960s and 1970s, many states had separate schools where only students of a certain race or gender were able to study. However, the courts decided that these policies violated the civil rights of students who could not be admitted because of those rules. [1]

The idea that Americans—indeed, people in general—have fundamental rights and liberties was at the core of the arguments in favor of their independence. In writing the Declaration of Independence in 1776, Thomas Jefferson drew on the ideas of John Locke to express the colonists’ belief that they had certain inalienable or natural rights that no ruler had the power or authority to deny to his or her subjects. It was a scathing legal indictment of King George III for violating the colonists’ liberties. Although the Declaration of Independence does not guarantee specific freedoms, its language was instrumental in inspiring many of the states to adopt protections for civil liberties and rights in their own constitutions, and in expressing principles of the founding era that have resonated in the United States since its independence. In particular, Jefferson’s words “all men are created equal” became the centerpiece of struggles for the rights of women and minorities (Figure) .

CIVIL LIBERTIES AND THE CONSTITUTION

The Constitution as written in 1787 did not include a Bill of Rights , although the idea of including one was proposed and, after brief discussion, dismissed in the final week of the Constitutional Convention. The framers of the Constitution believed they faced much more pressing concerns than the protection of civil rights and liberties, most notably keeping the fragile union together in the light of internal unrest and external threats.

Moreover, the framers thought that they had adequately covered rights issues in the main body of the document. Indeed, the Federalists did include in the Constitution some protections against legislative acts that might restrict the liberties of citizens, based on the history of real and perceived abuses by both British kings and parliaments as well as royal governors. In Article I , Section 9, the Constitution limits the power of Congress in three ways: prohibiting the passage of bills of attainder, prohibiting ex post facto laws, and limiting the ability of Congress to suspend the writ of habeas corpus.

A bill of attainder is a law that convicts or punishes someone for a crime without a trial, a tactic used fairly frequently in England against the king’s enemies. Prohibition of such laws means that the U.S. Congress cannot simply punish people who are unpopular or seem to be guilty of crimes. An ex post facto law has a retroactive effect: it can be used to punish crimes that were not crimes at the time they were committed, or it can be used to increase the severity of punishment after the fact.

Finally, the writ of habeas corpus is used in our common-law legal system to demand that a neutral judge decide whether someone has been lawfully detained. Particularly in times of war, or even in response to threats against national security, the government has held suspected enemy agents without access to civilian courts, often without access to lawyers or a defense, seeking instead to try them before military tribunals or detain them indefinitely without trial. For example, during the Civil War, President Abraham Lincoln detained suspected Confederate saboteurs and sympathizers in Union-controlled states and attempted to have them tried in military court s, leading the Supreme Court to rule in Ex parte Milligan that the government could not bypass the civilian court system in states where it was operating. [2]

During World War II, the Roosevelt administration interned Japanese Americans and had other suspected enemy agents—including U.S. citizens—tried by military courts rather than by the civilian justice system, a choice the Supreme Court upheld in Ex parte Quirin (Figure) . [3]

More recently, in the wake of the 9/11 attacks on the World Trade Center and the Pentagon, the Bush and Obama administrations detained suspected terrorists captured both within and outside the United States and sought, with mixed results, to avoid trials in civilian courts. Hence, there have been times in our history when national security issues trumped individual liberties.

Debate has always swirled over these issues. The Federalists reasoned that the limited set of enumerated powers of Congress, along with the limitations on those powers in Article I , Section 9, would suffice, and no separate bill of rights was needed. Alexander Hamilton , writing as Publius in Federalist No. 84, argued that the Constitution was “merely intended to regulate the general political interests of the nation,” rather than to concern itself with “the regulation of every species of personal and private concerns.” Hamilton went on to argue that listing some rights might actually be dangerous, because it would provide a pretext for people to claim that rights not included in such a list were not protected. Later, James Madison , in his speech introducing the proposed amendments that would become the Bill of Rights, acknowledged another Federalist argument: “It has been said, that a bill of rights is not necessary, because the establishment of this government has not repealed those declarations of rights which are added to the several state constitutions.” [4]

For that matter, the Articles of Confederation had not included a specific listing of rights either.

However, the Anti-Federalists argued that the Federalists’ position was incorrect and perhaps even insincere. The Anti-Federalists believed provisions such as the elastic clause in Article I, Section 8, of the Constitution would allow Congress to legislate on matters well beyond the limited ones foreseen by the Constitution’s authors; thus, they held that a bill of rights was necessary. One of the Anti-Federalists, Brutus , whom most scholars believe to be Robert Yates , wrote: “The powers, rights, and authority, granted to the general government by this Constitution, are as complete, with respect to every object to which they extend, as that of any state government—It reaches to every thing which concerns human happiness—Life, liberty, and property, are under its controul [sic]. There is the same reason, therefore, that the exercise of power, in this case, should be restrained within proper limits, as in that of the state governments.” [5]

The experience of the past two centuries has suggested that the Anti-Federalists may have been correct in this regard; while the states retain a great deal of importance, the scope and powers of the national government are much broader today than in 1787—likely beyond even the imaginings of the Federalists themselves.

The struggle to have rights clearly delineated and the decision of the framers to omit a bill of rights nearly derailed the ratification process. While some of the states were willing to ratify without any further guarantees, in some of the larger states—New York and Virginia in particular—the Constitution’s lack of specified rights became a serious point of contention. The Constitution could go into effect with the support of only nine states, but the Federalists knew it could not be effective without the participation of the largest states. To secure majorities in favor of ratification in New York and Virginia, as well as Massachusetts, they agreed to consider incorporating provisions suggested by the ratifying states as amendments to the Constitution.

Ultimately, James Madison delivered on this promise by proposing a package of amendments in the First Congress, drawing from the Declaration of Rights in the Virginia state constitution, suggestions from the ratification conventions, and other sources, which were extensively debated in both houses of Congress and ultimately proposed as twelve separate amendments for ratification by the states. Ten of the amendments were successfully ratified by the requisite 75 percent of the states and became known as the Bill of Rights (Figure) .

EXTENDING THE BILL OF RIGHTS TO THE STATES

In the decades following the Constitution’s ratification, the Supreme Court declined to expand the Bill of Rights to curb the power of the states, most notably in the 1833 case of Barron v. Baltimore . [6]

In this case, which dealt with property rights under the Fifth Amendment , the Supreme Court unanimously decided that the Bill of Rights applied only to actions by the federal government. Explaining the court’s ruling, Chief Justice John Marshall wrote that it was incorrect to argue that “the Constitution was intended to secure the people of the several states against the undue exercise of power by their respective state governments; as well as against that which might be attempted by their [Federal] government.”

In the wake of the Civil War, however, the prevailing thinking about the application of the Bill of Rights to the states changed. Soon after slavery was abolished by the Thirteenth Amendment , state governments—particularly those in the former Confederacy—began to pass “black codes” that restricted the rights of former slaves and effectively relegated them to second-class citizenship under their state laws and constitutions. Angered by these actions, members of the Radical Republican faction in Congress demanded that the laws be overturned. In the short term, they advocated suspending civilian government in most of the southern states and replacing politicians who had enacted the black codes. Their long-term solution was to propose two amendments to the Constitution to guarantee the rights of freed slaves on an equal standing with whites; these rights became the Fourteenth Amendment , which dealt with civil liberties and rights in general, and the Fifteenth Amendment , which protected the right to vote in particular (Figure) . But, the right to vote did not yet apply to women or to Native Americans.

With the ratification of the Fourteenth Amendment in 1868, civil liberties gained more clarification. First, the amendment says, “no State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States,” which is a provision that echoes the privileges and immunities clause in Article IV , Section 2, of the original Constitution ensuring that states treat citizens of other states the same as their own citizens. (To use an example from today, the punishment for speeding by an out-of-state driver cannot be more severe than the punishment for an in-state driver). Legal scholars and the courts have extensively debated the meaning of this privileges or immunities clause over the years; some have argued that it was supposed to extend the entire Bill of Rights (or at least the first eight amendments) to the states, while others have argued that only some rights are extended. In 1999, Justice John Paul Stevens , writing for a majority of the Supreme Court, argued in Saenz v. Roe that the clause protects the right to travel from one state to another.  [7]

More recently, Justice Clarence Thomas argued in the 2010 McDonald v. Chicago ruling that the individual right to bear arms applied to the states because of this clause. [8]

The second provision of the Fourteenth Amendment that pertains to applying the Bill of Rights to the states is the due process clause, which says, “nor shall any State deprive any person of life, liberty, or property, without due process of law.” This provision is similar to the Fifth Amendment in that it also refers to “due process,” a term that generally means people must be treated fairly and impartially by government officials (or with what is commonly referred to as substantive due process). Although the text of the provision does not mention rights specifically, the courts have held in a series of cases that it indicates there are certain fundamental liberties that cannot be denied by the states. For example, in Sherbert v. Verner (1963), the Supreme Court ruled that states could not deny unemployment benefits to an individual who turned down a job because it required working on the Sabbath. [9]

Beginning in 1897, the Supreme Court has found that various provisions of the Bill of Rights protecting these fundamental liberties must be upheld by the states, even if their state constitutions and laws do not protect them as fully as the Bill of Rights does—or at all. This means there has been a process of selective incorporation of the Bill of Rights into the practices of the states; in other words, the Constitution effectively inserts parts of the Bill of Rights into state laws and constitutions, even though it doesn’t do so explicitly. When cases arise to clarify particular issues and procedures, the Supreme Court decides whether state laws violate the Bill of Rights and are therefore unconstitutional.

For example, under the Fifth Amendment a person can be tried in federal court for a felony—a serious crime—only after a grand jury issues an indictment indicating that it is reasonable to try the person for the crime in question. (A grand jury is a group of citizens charged with deciding whether there is enough evidence of a crime to prosecute someone.) But the Supreme Court has ruled that states don’t have to use grand juries as long as they ensure people accused of crimes are indicted using an equally fair process.

Selective incorporation is an ongoing process. When the Supreme Court initially decided in 2008 that the Second Amendment protects an individual’s right to keep and bear arms, it did not decide then that it was a fundamental liberty the states must uphold as well. It was only in the McDonald v. Chicago case two years later that the Supreme Court incorporated the Second Amendment into state law. Another area in which the Supreme Court gradually moved to incorporate the Bill of Rights regards censorship and the Fourteenth Amendment. In Near v. Minnesota (1931), the Court disagreed with state courts regarding censorship and ruled it unconstitutional except in rare cases. [10]

The Bill of Rights is designed to protect the freedoms of individuals from interference by government officials. Originally these protections were applied only to actions by the national government; different sets of rights and liberties were protected by state constitutions and laws, and even when the rights themselves were the same, the level of protection for them often differed by definition across the states. Since the Civil War, as a result of the passage and ratification of the Fourteenth Amendment and a series of Supreme Court decisions, most of the Bill of Rights’ protections of civil liberties have been expanded to cover actions by state governments as well through a process of selective incorporation. Nonetheless there is still vigorous debate about what these rights entail and how they should be balanced against the interests of others and of society as a whole.

• Green v. County School Board of New Kent County , 391 U.S. 430 (1968); Allen v. Wright , 468 U.S. 737 (1984). ↵
• Ex parte Milligan , 71 U.S. 2 (1866). ↵
• Ex parte Quirin , 317 U.S. 1 (1942); See William H. Rehnquist. 1998. All the Laws but One: Civil Liberties in Wartime . New York: William Morrow. ↵
• American History from Revolution to Reconstruction and Beyond, “Madison Speech Proposing the Bill of Rights June 8 1789,” http://www.let.rug.nl/usa/documents/1786-1800/madison-speech-proposing-the-bill-of-rights-june-8-1789.php (March 4, 2016). ↵
• Constitution Society, “To the Citizens of the State of New-York,” http://www.constitution.org/afp/brutus02.htm (March 4, 2016). ↵
• Barron v. Baltimore , 32 U.S. 243 (1833). ↵
• Saenz v. Roe , 526 U.S. 489 (1999). ↵
• McDonald v. Chicago , 561 U.S. 742 (2010). ↵
• Sherbert v. Verner , 374 U.S. 398 (1963). ↵
• Near v. Minnesota , 283 U.S. 697 (1931). ↵

American Government Copyright © 2016 by cnxamgov is licensed under a Creative Commons Attribution 4.0 International License , except where otherwise noted.

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Unit 3: Civil liberties and civil rights

About this unit.

How does the Constitution protect civil liberties and rights? How have different Supreme Court interpretations of different amendments impacted and defined civil rights in the U.S.?

The Bill of Rights

• The Bill of Rights: an introduction (Opens a modal)
• The Bill of Rights: lesson overview (Opens a modal)
• The Bill of Rights Get 3 of 4 questions to level up!

The First Amendment: freedom of religion

• The First Amendment (Opens a modal)
• Engel v. Vitale (1962) (Opens a modal)
• Wisconsin v. Yoder (1972) (Opens a modal)
• Freedom of religion: lesson overview (Opens a modal)
• Freedom of religion Get 3 of 4 questions to level up!

The First Amendment: freedom of speech

• Schenck v. United States (1919) (Opens a modal)
• Tinker v. Des Moines (1969) (Opens a modal)
• Freedom of speech: lesson overview (Opens a modal)
• Freedom of speech Get 3 of 4 questions to level up!

The First Amendment: freedom of the press

• New York Times Co. v. United States (1971) (Opens a modal)
• Freedom of the press: lesson overview (Opens a modal)
• Freedom of the press Get 3 of 4 questions to level up!

The Second Amendment

• The Second Amendment (Opens a modal)
• The Second Amendment: lesson overview (Opens a modal)
• The Second Amendment Get 3 of 4 questions to level up!

Balancing individual freedom with public order and safety

• The Fourth Amendment (Opens a modal)
• The Eighth Amendment (Opens a modal)
• Balancing individual freedom with public order and safety: lesson overview (Opens a modal)
• Balancing individual freedom with public order and safety Get 3 of 4 questions to level up!

Selective incorporation

• Selective incorporation (Opens a modal)
• McDonald v. Chicago (Opens a modal)
• Selective incorporation: lesson overview (Opens a modal)
• Selective incorporation Get 3 of 4 questions to level up!

Due process and the rights of the accused

• The Fifth Amendment (Opens a modal)
• The Sixth Amendment (Opens a modal)
• Miranda v. Arizona (Opens a modal)
• Gideon v. Wainwright (1963) (Opens a modal)
• Due process and the rights of the accused: lesson overview (Opens a modal)
• Due process and the rights of the accused Get 3 of 4 questions to level up!

Due process and the right to privacy

• Roe v. Wade (Opens a modal)
• Due process and the right to privacy: lesson overview (Opens a modal)
• Due process and right to privacy Get 3 of 4 questions to level up!

Social movements and equal protection

• The Fourteenth Amendment and equal protection (Opens a modal)
• Letter from a Birmingham Jail (Opens a modal)
• Social movements and equal protection: lesson overview (Opens a modal)
• Social movements and equal protection Get 3 of 4 questions to level up!

Government responses to social movements

• Brown v. Board of Education of Topeka (Opens a modal)
• Government responses to social movements: lesson overview (Opens a modal)
• Government responses to social movements Get 3 of 4 questions to level up!

Balancing minority and majority rights

• Rulings on majority and minority rights by the Supreme Court (Opens a modal)
• Balancing minority and majority rights: lesson overview (Opens a modal)
• Balancing minority and majority rights Get 3 of 4 questions to level up!

Affirmative action

• Affirmative action (Opens a modal)
• Affirmative action: lesson overview (Opens a modal)
• Affirmative action Get 3 of 4 questions to level up!

10. Civil Liberties and Civil Rights

"It is a fair summary of constitutional history that the landmarks of our liberties have often been forged in cases involving not very nice people." - Supreme Court Justice Felix Frankfurter

Each of these people made sensational headline news as the center of one of many national civil liberties disputes in the late 20th century. They became involved in the legal process because of behavior that violated a law, and almost certainly, none of them intended to become famous. More important than the headlines they made, however, is the role they played in establishing important principles that define the many civil liberties and civil rights that Americans enjoy today.

Liberties or Rights?

What is the difference between a liberty and a right? Both words appear in the Declaration of Independence and the Bill of Rights. The distinction between the two has always been blurred, and today the concepts are often used interchangeably. However, they do refer to different kinds of guaranteed protections.

Civil liberties are protections against government actions. For example, the First Amendment of the Bill of Rights guarantees citizens the right to practice whatever religion they please. Government, then, cannot interfere in an individual's freedom of worship. Amendment I gives the individual "liberty" from the actions of the government.

Civil rights, in contrast, refer to positive actions of government should take to create equal conditions for all Americans. The term "civil rights" is often associated with the protection of minority groups, such as African Americans, Hispanics, and women. The government counterbalances the "majority rule" tendency in a democracy that often finds minorities outvoted.

Right vs. Right

Most Americans think of civil rights and liberties as principles that protect freedoms all the time. However, the truth is that rights listed in the Constitution and the Bill of Rights are usually competing rights. Most civil liberties and rights court cases involve the plaintiff's right vs. another right that the defendant claims has been violated.

For example, in 1971, the New York Times published the "Pentagon Papers" that revealed some negative actions of the government during the Vietnam War. The government sued the newspaper, claiming that the reports endangered national security. The New York Times countered with the argument that the public had the right to know and that its freedom of the press should be upheld. So, the situation was national security v. freedom of the press. A tough call, but the Court chose to uphold the rights of the press.

The Bill of Rights and 14th Amendment

The overwhelming majority of court decisions that define American civil liberties are based on the Bill of Rights, the first ten amendments added to the Constitution in 1791. Civil liberties protected in the Bill of Rights may be divided into two broad areas: freedoms and rights guaranteed in the First Amendment (religion, speech, press, assembly, and petition) and liberties and rights associated with crime and due process. Civil rights are also protected by the Fourteenth Amendment, which protects violation of rights and liberties by the state governments.

14th Amendment

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section 2. Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age [Changed by the 26th Amendment], and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state.

Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

Protection of civil liberties and civil rights is basic to American political values, but the process is far from easy. Protecting one person's right may involve violating those of another. How far should the government go to take "positive action" to protect minorities? The answers often come from individuals who brush most closely with the law, whose cases help to continually redefine American civil liberties and rights.

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The Constitution and Civil Liberties Essay

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• As a source of information (ensure proper referencing)
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Introduction

Rights of citizens, rights of citizens in state of georgia, reference list.

US constitution has gone through various changes as it seeks to grant freedom to citizens. It grants rights and freedoms namely, freedom of religion, freedom of press, and freedom of speech, among others. Founding fathers of sought freedom for all individuals in their declaration.

These were aimed at promoting happiness and decentralization of power. It is quite important to note that these rights vary slightly from one State to another. This paper will try to compare rights of citizens as provided in the federal government. It will also endeavor to compare it with that of State of Georgia (Chen, 1997, p. 1).

Every nation protects the rights of its people. These rights serve to protect every citizen, including new citizens from interference, which may be caused by private organizations, and government, among others. Democracy is essential for peaceful governance of a people. This can only be achieved by giving freedom of rights to citizens. US citizens have various rights namely, freedom of religion, freedom of press, and freedom of speech.

They also have the right to assemble, and petition. The constitution also provides other rights such as rights of all Americans as well as that of blacks. Freedom of religion was instituted to help prevent a single religion from dominating citizens as it could lead to persecution and oppression. Freedom of speech, on the other hand, gives an individual the right to speak privately or publicly (Chen, 1997, p. 1).

Citizens are also allowed to gather and protest peacefully against political, economic, as well as social conditions. Moreover, they are allowed to demand reforms in such conditions. United States citizens have the right to seek redress by petitioning government through courts. There are amendments that have since been passed to add or change the constitutions. They include the right to trial by jury and the right to bear arms, among others. Others include rights of black Americans and those that apply to all Americans (Chen, 1997, p. 1).

The State of Georgia has a constitution that protects its citizens from oppression. These include right of persons to life, property and liberty. In addition, it provides right to equal protection, freedom of conscience, opinion and religion, as well as speech. Furthermore, it protects its citizens from libel.

Others include the right to bear and keep arms. The State also gives all residents citizenship, right to courts, warrants, and seizures, among others. From the information given above, it is very clear that State of Georgia provide similar rights to citizens as the federal government. This may differ slightly from those of other States (Cox, 2005, p. 1).

US constitution has gone through various changes as it seeks to grant freedom to citizens. It grants citizens freedom of religion, press, and speech, among others. These rights protect citizens from oppression. For instance, Georgia has a constitution that protects its citizens from oppression.

These include right of persons to life, property and liberty. It also provides rights to equal protection, freedom of conscience, opinion and religion, as well as speech and press, among others. Clearly, that State of Georgia provides similar rights to citizens as federal government. However, this differs slightly from other States (Cox, 2005, p. 1).

Chen, D. (1997). Citizen Rights. Utah Education. Web.

Cox, C. (2005). CONSTITUTIONOF THE STATE OF GEORGIA . sos.georgia.gov. Web.

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National Government, Crisis, and Civil Liberties

What is the balance

Guiding Questions

• How do we balance the security of the nation with protections of individual liberties?
• How much power should the federal government have over an individual’s civil liberties?
• Students will define civil liberties.
• Students will explain the limits of individual freedoms.
• Students will explain the original intention of the Bill of Rights.
• Students will analyze the balance that is needed in a federal republic between individual freedoms and the security of the country.

Expand Materials Materials

Educator Resources

• Handout B: A Proclamation Answer Key
• Handout D: Case Briefing Sheet Answer Key
• Handout G: The History of Civil Liberty Laws Answer Key

Student Handouts

• National Government, Crisis, and Civil Liberties Essay

Handout A: Abraham Lincoln and Habeas Corpus

• Handout B: A Proclamation

Handout C: Milligan and the Constitution

Handout d: case briefing sheet.

• Handout E: The Ruling

Handout F: Civil Liberty Laws

• Handout G: The History of Civil Liberty Laws Table

Expand Key Terms Key Terms

• Constitution
• habeas corpus
• military tribunal
• civil liberties
• Bill of Rights
• civilian court
• Amendment VI
• speedy and public trial
• Article I Sections 8 & 9
• Article II Sections 2 & 3

Expand More Information More Information

Following this activity it would be helpful for students to learn of other more recent examples of the President’s need to balance national security with individual freedoms. One example is Security, Liberty, and the USA PATRIOT Act .

Expand Prework Prework

Have students read the National Government, Crisis, and Civil Liberties Essay prior to class time.

Basic understanding of civil liberties and the bill of rights is required for this activity. If more context than the introductory essay is needed, students may benefit from one or more of the following:

• https://billofrightsinstitute.org/webinars/2021-ap-government-prep-with-paul-sargent-5-reviewing-civil-liberties
• https://billofrightsinstitute.org/webinars/2021-ap-government-skills-with-john-burkowski-8-unit-3-civil-liberties-civil-rights-digital-exam
• https://billofrightsinstitute.org/webinars/ap-government-prep-episode-7-civil-liberties

Other resources

• https://billofrightsinstitute.org/games/life-without-the-bill-of-rights

Expand Warmup Warmup

Write this well-known quote on the board, but do not provide the source or date.

“[T]hose who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety” (Benjamin Franklin, Pennsylvania Assembly: Reply to the Governor, November 11, 1755).

Ask for student responses to the statement: agree/disagree/why. Share source of the quote, and tell students that tension between liberty and security is a recurring feature of U.S. history.

Expand Activities Activities

Have students read Handout A: Abraham Lincoln and Habeas Corpus . Display Handout B: A Proclamation . Point out the questions, and have students listen for the answers as you read the Proclamation aloud. Then go over the answers as a large group. Point out to students that in 1861, Lincoln suspended habeas corpus in some areas. The 1862 suspension of habeas corpus expanded to cover the entire nation.

Preparation for trial role-play: Tell students they will now simulate a trial of Mr. Milligan. Distribute Handout C: Milligan and the Constitution . Read aloud the scenario of Mr. Milligan, who has been sentenced to death for disloyalty by a military court. Divide the class into groups of appropriate size for: attorneys for Mr. Milligan, attorneys for the US, and the Justices of Supreme Court. Give each group a copy of Handout D: Case Briefing Sheet . Have groups complete Handout D using Handouts A , B , and C .

The trial: With about twenty minutes remaining, allow attorneys for the government to make their case, followed by attorneys from Mr. Milligan. The Supreme Court members should then deliberate and announce their verdict. Tell students that they were debating an actual Supreme Court case from 1866. Using Handout E: The Ruling , explain the information and ask students if they agree with the Court. Was Lincoln’s action constitutional? Ask students how they would assess Lincoln’s attempt to balance the strength of the government with the liberties of its people?

Break students into four groups and have each group read one of the policies on Handout F: Civil Liberty Laws . After they finish reading, they should do some background research to complete the graphic organizer on Handout G: The History of Civil Liberty Laws .

After each group has completed their section of Handout G , hold a class discussion about the historical implications of each of the policies and discuss how they affected civil liberties.

Expand Wrap Up Wrap Up

Students discuss and write a reflection on the balance between civil liberties and security as portrayed in this example. How do we know when we’ve gotten this issue right?

Expand Homework Homework

Students conduct research into another example of the tensions between security and individual freedom during a time of crisis in this nation. Depending upon the age and class, instructor could provide a list of examples and have students each pick one to research for homework. Students would write up their findings and share them with the class the next day.

Expand Extensions Extensions

Students research political cartoons exhibiting this tension between rights and liberties. Further investigation into the Bill of Rights and selective incorporation. Students explore how the federal government has intervened in state laws to prevent infringement of individual liberties.

Handout B: A Proclamation – Abraham Lincoln, 1862

Handout e: the ruling of ex parte milligan (1866), handout g: the history of civil liberty laws.

Next Lesson

State and Local Government

Related resources.

Civil Liberties and Coronavirus

The balancing of liberty and security is difficult, particularly in times of crisis. During the COVID-19 pandemic, both national and state governments across the country have exercised expansive powers to enact policies in an effort to slow the spread of the virus.

2021 AP Government Prep with Paul Sargent #5 | Reviewing Civil Liberties

Session 5: Civil Liberties This session investigates the history of civil liberties in the United States. Special attention is on the important Supreme Court cases that outlined modern civil liberties and the process of selective incorporation that applied the Bill of Rights to state governments.

2021 AP Government Skills with John Burkowski #8 | Unit 3: Civil Liberties & Civil Rights (Digital Exam)

In this episode, we review strategies in developing skills to best apply relevant content related to the interpretation, expansion, and limitation of individual freedoms by the various institutions of the American political system, particularly through landmark Supreme Court decisions.

2020 AP Government Prep Episode #7 | Civil Liberties

Session 7: Civil Liberties This session investigates the history of civil liberties in the United States. Special attention is on the important Supreme Court cases that outlined modern civil liberties and the process of selective incorporation that applied the Bill of Rights to state governments. The process was utilized significantly in working to obtain civil liberties specifically through the Due Process Clause and Equal Protection Clause of the 14th Amendment.

Hume Texts Online

Of civil liberty ..

T HOSE who employ their pens on political subjects, free from party-rage, and party-prejudices, cultivate a science, which, of all others, contributes most to public utility, and even to the private satisfaction of those who addict themselves to the study of it. I am apt, however, to entertain a suspicion, that the world is still too young to fix many general truths in politics, which will remain true to the latest posterity. We have not as yet had experience of three thousand years; so that not only the art of reasoning is still imperfect in this science, as in all others, but we even want sufficient materials upon which we can reason. It is not fully known, what degree of refinement, either in virtue or vice, human nature is susceptible of; nor what may be expected of mankind | from any great revolution in their education, customs, or principles. Machiavel was certainly a great genius; but having confined his study to the furious and tyrannical governments of ancient times, or to the little disorderly principalities of Italy , his reasonings especially upon monarchical government, have been found extremely defective; and there scarcely is any maxim in his prince , which subsequent experience has not entirely refuted. A weak prince , says he, is incapable of receiving good counsel; for if he consult with several, he will not be able to choose among their different counsels. If he abandon himself to one, that minister may, perhaps, have capacity; but he will not long be a minister: He will be sure to dispossess his master, and place himself and his family upon the throne. I mention this, among many instances of the errors of that politician, proceeding, in a great measure, from his having lived in too early an age of the world, to be a good judge of political truth. Almost all the princes of Europe are at present governed by their ministers; and have been so for near two centuries; and yet no such event has ever happened, or can possibly happen. Sejanus might project dethroning the Cæsars ; but Fleury , though ever so vicious, could not, while in his senses, entertain the least hopes of dispossessing the Bourbons .

Trade was never esteemed an affair of state till the last century; and there scarcely is any ancient writer on politics, who has made mention of it [1] . Even the Italians have kept a | profound silence with regard to it, though it has now engaged the chief attention, as well of ministers of state, as of speculative reasoners. The great opulence, grandeur, and military achievements of the two maritime powers seem first to have instructed mankind in the importance of an extensive commerce.

Having, therefore, intended in this essay to make a full comparison of civil liberty and absolute government, and to show the great advantages of the former above the latter; I began to entertain a suspicion, that no man in this age was sufficiently qualified for such an undertaking; and that whatever any one should advance on that head would, in all probability, be refuted by further experience, and be rejected by posterity. Such mighty revolutions have happened in human affairs, and so many events have arisen contrary to the expectation of the ancients, that they are sufficient to beget the suspicion of still further changes.

It had been observed by the ancients, that all the arts and sciences arose among free nations; and, that the Persians and Egyptians , notwithstanding their ease, opulence, and luxury, made but faint efforts towards a relish in those finer pleasures, which were carried to such perfection by the Greeks , amidst continual wars, attended with poverty, and the greatest simplicity of life and manners. It had also been observed, that, when the Greeks lost their liberty, though they increased mightily in riches, by means of the conquests of Alexander ; yet the arts, from that moment, declined among them, and have never since been able to raise their head in that climate. Learning was transplanted to Rome , the only free nation at that time in the universe; and having met with so favourable a soil, it made prodigious shoots for above a century; till the decay of liberty produced also the decay of letters, and spread a total barbarism over the world. From these two experiments, of which each was double in its kind, and shewed the fall of learning in absolute governments, as | well as its rise in popular ones, Longinus thought himself sufficiently justified, in asserting, that the arts and sciences could never flourish, but in a free government: And in this opinion, he has been followed by several eminent writers [2] in our own country, who either confined their view merely to ancient facts, or entertained too great a partiality in favour of that form of government, established amongst us.

But what would these writers have said, to the instances of modern Rome and of Florence ? Of which the former carried to perfection all the finer arts of sculpture, painting, and music, as well as poetry, though it groaned under tyranny, and under the tyranny of priests: While the latter made its chief progress in the arts and sciences, after it began to lose its liberty by the usurpation of the family of Medici . Ariosto , Tasso , Galileo , more than Raphael , and Michael Angelo , were not born in republics. And though the Lombard school was famous as well as the Roman , yet the Venetians have had the smallest share in its honours, and seem rather inferior to the other Italians , in their genius for the arts and sciences. Rubens established his school at Antwerp , not at Amsterdam : Dresden , not Hamburgh , is the centre of politeness in Germany .

But the most eminent instance of the flourishing of learn | ing in absolute governments, is that of France , which scarcely ever enjoyed any established liberty, and yet has carried the arts and sciences as near perfection as any other nation. The English are, perhaps, greater philosophers; the Italians better painters and musicians; the Romans were greater orators: But the French are the only people, except the Greeks , who have been at once philosophers, poets, orators, historians, painters, architects, sculptors, and musicians. With regard to the stage, they have excelled even the Greeks , who far excelled the English . And, in common life, they have, in a great measure, perfected that art, the most useful and agreeable of any, l'Art de Vivre , the art of society and conversation.

If we consider the state of the sciences and polite arts in our own country, Horace 's observation, with regard to the Romans , may, in a great measure, be applied to the British .

—Sed in longum tamen ævum Manserunt, hodieque manent vestigia ruris .

The elegance and propriety of style have been very much neglected among us. We have no dictionary of our language, and scarcely a tolerable grammar. The first polite prose we have, was writ by a man who is still alive [3] . As to Sprat , Locke and, even Locke , and even Temple , they knew too little of the rules of art to be esteemed elegant writers. The prose of Bacon , | Harrington , and Milton , is altogether stiff and pedantic; though their sense be excellent. Men, in this country, have been so much occupied in the great disputes of Religion , Politics , and Philosophy , that they had no relish for the seemingly minute observations of grammar and criticism. And though this turn of thinking must have considerably improved our sense and our talent of reasoning; it must be confessed, that, even in those sciences above-mentioned, we have not any standard-book, which we can transmit to posterity: And the utmost we have to boast of, are a few essays towards a more just philosophy; which, indeed, promise well, but have not, as yet, reached any degree of perfection.

It has become an established opinion, that commerce can never flourish but in a free government; and this opinion seems to be founded on a longer and larger experience than the foregoing, with regard to the arts and sciences. If we trace commerce in its progress through Tyre , Athens , Syracuse , Carthage , Venice , Florence , Genoa , Antwerp , Holland , England , &c. we shall always find it to have fixed its seat in free governments. The three greatest trading towns now in Europe, are London , Amsterdam , and Hamburgh ; all free cities, and protestant cities; that is, enjoying a double liberty. It must, however, be observed, that the great jealousy entertained of late, with regard to the commerce of France , seems to prove, that this maxim is no more certain and infallible than the foregoing, and that the subjects of an absolute prince may become our rivals in commerce, as well as in learning.

Durst I deliver my opinion in an affair of so much uncertainty, I would assert, that, notwithstanding the efforts of the French , there is something hurtful to commerce inherent in the very nature of absolute government, and inseparable from it: Though the reason I should assign for this opinion, is somewhat different from that which is commonly insisted on. Private property seems to me almost as secure in | a civilized European monarchy, as in a republic; nor is danger much apprehended in such a government, from the violence of the sovereign; more than we commonly dread harm from thunder, or earthquakes, or any accident the most unusual and extraordinary. Avarice, the spur of industry, is so obstinate a passion, and works its way through so many real dangers and difficulties, that it is not likely to be scared by an imaginary danger, which is so small, that it scarcely admits of calculation. Commerce, therefore, in my opinion, is apt to decay in absolute governments, not because it is there less secure , but because it is less honourable . A subordination of ranks is absolutely necessary to the support of monarchy. Birth, titles, and place, must be honoured above industry and riches. And while these notions prevail, all the considerable traders will be tempted to throw up their commerce, in order to purchase some of those employments, to which privileges and honours are annexed.

Since I am upon this head, of the alterations which time has produced, or may produce in politics, I must observe, that all kinds of government, free and absolute, seem to have undergone, in modern times, a great change for the better, with regard both to foreign and domestic management. The balance of power is a secret in politics, fully known only to the present age; and I must add, that the internal Police of states has also received great improvements within the last century. We are informed by Sallust , that Catiline 's army was much augmented by the accession of the highwaymen about Rome ; though I believe, that all of that profession, who are at present dispersed over Europe , would not amount to a regiment. In Cicero 's pleadings for Milo , I find this argument, among others, made use of to prove, that his client had not assassinated Clodius . Had Milo , said he, intended to have killed Clodius , he had not attacked him in the day-time, and at such a distance from the city: He had way-laid | him at night, near the suburbs, where it might have been pretended, that he was killed by robbers; and the frequency of the accident would have favoured the deceit. This is a surprizing proof of the loose police of Rome , and of the number and force of these robbers; since Clodius [4] was at that time attended by thirty slaves, who were compleatly armed, and sufficiently accustomed to blood and danger in the frequent tumults excited by that seditious tribune.

But though all kinds of government be improved in modern times, yet monarchical government seems to have made the greatest advances towards perfection. It may now be affirmed of civilized monarchies, what was formerly said in praise of republics alone, that they are a government of Laws, not of Men . They are found susceptible of order, method, and constancy, to a surprizing degree. Property is there secure; industry encouraged; the arts flourish; and the prince lives secure among his subjects, like a father among his children. There are perhaps, and have been for two centuries, near two hundred absolute princes, great and small, in Europe ; and allowing twenty years to each reign, we may suppose, that there have been in the whole two thousand monarchs or tyrants, as the Greeks would have called them: Yet of these there has not been one, not even Philip II. of Spain , so bad as Tiberius , Caligula , Nero , or Domittan , who were four in twelve amongst the Roman emperors. It must, however, be confessed, that, though monarchical governments have approached nearer to popular ones, in gentleness and stability; they are still inferior. Our modern education and customs instil more humanity and moderation than the ancient; but have not as yet been able to overcome entirely the disadvantages of that form of government.

But here I must beg leave to advance a conjecture, which seems probable, but which posterity alone can fully judge of. | I am apt to think, that, in monarchical governments there is a source of improvement, and in popular governments a source of degeneracy, which in time will bring these species of civil polity still nearer an equality. The greatest abuses, which arise in France , the most perfect model of pure monarchy, proceed not from the number or weight of the taxes, beyond what are to be met with in free countries; but from the expensive, unequal, arbitrary, and intricate method of levying them, by which the industry of the poor, especially of the peasants and farmers, is, in a great measure, discouraged, and agriculture rendered a beggarly and slavish employment. But to whose advantage do these abuses tend? If to that of the nobility, they might be esteemed inherent in that form of government; since the nobility are the true supports of monarchy; and it is natural their interest should be more consulted, in such a constitution, than that of the people. But the nobility are, in reality, the chief losers by this oppression; since it ruins their estates, and beggars their tenants. The only gainers by it are the Finançiers , a race of men rather odious to the nobility and the whole kingdom. If a prince or minister, therefore, should arise, endowed with sufficient discernment to know his own and the public interest, and with sufficient force of mind to break through ancient customs, we might expect to see these abuses remedied; in which case, the difference between that absolute government and our free one, would not appear so considerable as at present.

The source of degeneracy, which may be remarked in free governments, consists in the practice of contracting debt, and mortgaging the public revenues, by which taxes may, in time, become altogether intolerable, and all the property of the state be brought into the hands of the public. This practice is of modern date. The Athenians , though governed by a republic, paid near two hundred per Cent. for those sums of money, which any emergence made it necessary for them to borrow; as we learn from Xenophon [5] . Among the moderns, the | Dutch first introduced the practice of borrowing great sums at low interest, and have well nigh ruined themselves by it. Absolute princes have also contracted debt; but as an absolute prince may make a bankruptcy when he pleases, his people can never be oppressed by his debts. In popular governments, the people, and chiefly those who have the highest offices, being commonly the public creditors, it is difficult for the state to make use of this remedy, which, however it may sometimes be necessary, is always cruel and barbarous. This, therefore , seems to be an inconvenience, which nearly threatens all free governments; especially our own, at the present juncture of affairs. And what a strong motive is this, to encrease our frugality of public money; lest for want of it, we be reduced, by the multiplicity of taxes, or what is worse, by our public impotence and inability for defence, to curse our very liberty, and wish ourselves in the same state of servitude with all the nations that surround us?

Xenophon mentions it; but with a doubt if it be of any advantage to a state. Ει δε και εμπορια ωφελει τι πολιν , &c. Xen. Hiero . Plato totally excludes it from his imaginary republic. De legibus, lib. iv.

Mr. Addison and Lord Shaftesbury .

Dr. Swift .

Vide Asc. Ped. in Orat. pro Milone.

Κτησιν δε απ ουδενος αν ουτω καλην κτησαιντο ωσπερ αφ ου αν προτελεσωσιν εις την αφορμην—οι δε γε πλειστοι Αθηναιων πλειονα | ληψονται κατ ενιαυτον η οςα αν εισενεγκωσιν οι γαρ μναν προτελεσαντες εγγυς δυοιν μναιν προσοδον εξουσι—ο δοκει των ανθρωπινων ασφαλεστατον τε και πολυχρονιωτατον ειναι. ΞΕΝ. ΠΟΡΟΙ.

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The American civil rights movement

Civil rights movements across the globe.

What are civil rights?

Where do civil rights come from, what was the civil rights movement in the u.s..

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• Texas State Historical Association - The Handbook of Texas Online - Civil Rights
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Civil rights are an essential component of democracy. They’re guarantees of equal social opportunities and protection under the law, regardless of race, religion, or other characteristics. Examples are the rights to vote, to a fair trial, to government services, and to a public education. In contrast to civil liberties, which are freedoms secured by placing restraints on government, civil rights are secured by positive government action, often in the form of legislation.

Unlike human rights or natural rights, in which people acquire rights inherently—perhaps from nature—civil rights must be given and guaranteed by the power of the state. Therefore, they vary greatly over time, culture, and form of government and tend to follow societal trends that condone or abhor types of discrimination. For example, the civil rights of the LGBTQ community have only recently come to the forefront of political debate in some democracies.

What is a civil rights movement?

When the enforcement of civil rights is found by many to be inadequate, a civil rights movement may emerge in order to call for equal application of the laws without discrimination.

The marginalization of African Americans spurred the American civil rights movement, beginning in the 1950s and growing throughout the early 1960s. That movement, based mainly in African American churches and colleges of the South, involved marches, boycotts, and civil disobedience, such as sit-ins. Most efforts were local, but the impact was felt at the national level—a model of civil rights organizing that has since spread all over the globe.

civil rights , guarantees of equal social opportunities and equal protection under the law , regardless of race , religion , or other personal characteristics .

Examples of civil rights include the right to vote , the right to a fair trial , the right to government services, the right to a public education , and the right to use public facilities. Civil rights are an essential component of democracy ; when individuals are being denied opportunities to participate in political society, they are being denied their civil rights. In contrast to civil liberties , which are freedoms that are secured by placing restraints on government, civil rights are secured by positive government action, often in the form of legislation. Civil rights laws attempt to guarantee full and equal citizenship for people who have traditionally been discriminated against on the basis of some group characteristic. When the enforcement of civil rights is found by many to be inadequate, a civil rights movement may emerge in order to call for equal application of the laws without discrimination . Members of the movement may also engage in identity politics .

Unlike other rights concepts, such as human rights or natural rights , in which people acquire rights inherently, perhaps from God or nature, civil rights must be given and guaranteed by the power of the state. Therefore, they vary greatly over time, culture , and form of government and tend to follow societal trends that condone or abhor particular types of discrimination. For example, the civil rights of the lesbian , gay , bisexual , transgender , and queer ( LGBTQ ) community have only recently come to the forefront of political debate in some Western democracies .

Civil rights politics in the United States has its roots in the movement to end discrimination against African Americans . Though slavery was abolished and former slaves were officially granted political rights after the Civil War , in most Southern states African Americans continued to be systematically disenfranchised and excluded from public life, leading them to become perpetual second-class citizens. By the 1950s the marginalization of African Americans, often taking an extremely violent form, had spurred a social movement of epic proportions. The American civil rights movement , based mainly in African American churches and colleges of the South, involved marches, boycotts , and extensive efforts of civil disobedience , such as sit-ins , as well as voter education and voting drives. Most of these efforts were local in scope, but the impact was felt at the national level—a model of civil rights organizing that has since spread all over the globe.

In the 1960s the Roman Catholic -led civil rights movement in Northern Ireland was inspired by events in the United States. Its initial focus was fighting discriminatory gerrymandering that had been securing elections for Protestant unionists. Later, internment of Catholic activists by the British government sparked both a civil disobedience campaign and the more radical strategies of the Irish Republican Army (IRA), resulting in the violent sectarian conflict that became known as the Troubles (1968–98).

A high-profile civil rights movement led to the end of the South African system of racial segregation known as apartheid . The resistance movement began in the 1940s and intensified in the 1950s and ’60s, when civil rights as a concept was sweeping the globe, but it was forced underground as most of its leaders were imprisoned, and it did not regain strength until the 1980s. International pressure combined with internal upheaval led to the eventual lifting of the ban on the African National Congress , the major Black party in South Africa , and the release from prison of Nelson Mandela in 1990. Mandela later became the first Black president of South Africa, in 1994.

A more recent movement that has striking parallels to both the American civil rights movement and the South African struggle against apartheid is the civil disobedience and political activism of the Dalits in India . The Dalits—formerly known as "untouchables" and now officially designated Scheduled Castes —constitute some one-sixth of the Indian population. However, for centuries they were forced to live as second-class citizens, and many were not even considered to be a part of India’s varna system of social hierarchy . Dalit activism, including the efforts of Bhimrao Ramji Ambedkar , led to great victories, including the election of Kocheril Raman Narayanan to the presidency. The fact that the president of India is elected by parliament, whose members come principally from the upper castes, underlines how much the mentality has changed.

In addition to these international movements, many groups in the United States have been inspired by the successes of the American civil rights movement to fight for government protections, with varying degrees of success. Most notably, women , having gained the right to vote in 1920 via constitutional amendment , also have made many gains in the area of employment rights. The women’s rights movement has thus far been stopped short of passage of the Equal Rights Amendment , which would have codified equal rights for women in the U.S. Constitution . Since its failure to be ratified in 1982, women have seen many gains in court decisions that ruled against sex discrimination and have seen the passing of legislation such as the Civil Rights Act of 1991, which established a commission designed to investigate the persistence of the “glass ceiling” that has prevented women from advancing to top management positions in the workplace.

A number of other groups were the focus of civil rights movements since the 1960s. In 1968 the U.S. Congress passed the Indian Civil Rights Act . Latinos and Asian Americans fought for increased civil rights based on a history of discrimination over race, religion, language, and immigrant status. There were some successes in the form of provisions for bilingual education and affirmative action programs.

More recently, Arab Americans and the LGBTQ community took centre stage in the struggle to achieve equal protection and equal opportunity in American society. After the terrorist attacks of September 11, 2001 , Arab Americans suffered from heightened levels of discrimination and hate crimes and had to conform to government policies that restricted their liberties, as codified in the controversial USA PATRIOT Act of 2001.

The gay rights movement made some major gains in the late 1990s and early 2000s. Some states allowed same-sex marriage , and others granted benefits to same-sex civil partnerships, but at the beginning of the 21st century the majority of the U.S. population opposed same-sex marriage. Moreover, some social conservatives in the U.S. demanded a constitutional amendment banning same-sex marriage. By 2010, however, about half of the U.S. population supported legalization of same-sex marriage, and, in June 2015 in its decision on the Obergefell v. Hodges case, the Supreme Court ruled that state bans on same-sex marriage and on recognizing same-sex marriages duly performed in other jurisdictions were unconstitutional under the due process and equal protection clauses of the Fourteenth Amendment , thereby legalizing same-sex marriage in all 50 states.

Almost all countries actively deny civil rights to some minority groups. Because civil rights are enforced by countries, it is difficult to establish an international standard for civil rights protection, despite the efforts of international governance bodies such as the United Nations . The Universal Declaration of Human Rights , which was adopted by the General Assembly of the United Nations in 1948, includes civil rights language but is not binding on member states. Civil rights tend to increase as governments feel pressure, either from national movements or other countries, to enact change.

The Importance of the 7th Amendment in Protecting Civil Liberties

This essay is about the significance of the 7th Amendment to the United States Constitution, which ensures the right to a jury trial in civil cases. It explores the historical context of the amendment, rooted in the Founding Fathers’ desire to protect individual freedoms from government overreach, drawing from their experiences under British rule. The essay outlines the amendment’s text and its importance in preserving common law principles, highlighting how it maintains the integrity of jury verdicts and adapts to contemporary societal needs. Additionally, it discusses the practical implications of the 7th Amendment in providing a democratic safeguard in civil litigation and underscores its enduring relevance in ensuring access to justice and protecting civil liberties.

How it works

Adopted in 1791 as a part of the Bill of Rights, the Seventh Amendment to the United States Constitution is essential to the protection of the right to a jury trial in civil cases. Although it is sometimes overshadowed by its more well-known siblings, such as the First and Second Amendments, it ensures that citizens can seek justice through an unbiased jury of their peers, which forms a cornerstone of American jurisprudence. A deeper examination of the Seventh Amendment’s provisions, historical background, and long-lasting effects on the legal system is necessary to fully appreciate its significance.

The 7th Amendment was born out of the Founding Fathers’ historical concern that the government not infringe upon individual freedoms, a fear that was deeply ingrained in their experiences living under British rule. Prior to the American Revolution, colonists frequently found themselves in arbitrary legal proceedings without the benefit of a jury, a practice that represented larger injustices enforced by the British Crown. The absence of a jury trial in civil cases was perceived as a denial of one of the fundamental rights of Englishmen, a right that had been acknowledged since the Magna Carta. As such, the framers of the Constitution attempted to enshrine this right in order to prevent such abuses from occurring again.

This provision guarantees civil litigants the right to a jury trial in cases where the dispute exceeds a minimal monetary threshold. It also protects the decisions made by juries from being easily overturned by judges, thereby upholding the integrity of jury verdicts. The Seventh Amendment’s language, which states that “no fact tried by a jury shall be otherwise reexamined in any Court of the United States, than according to the common law,” is succinct but effective. It applies to suits at common law where the value in controversy exceeds $20.

Because common law is a dynamic and flexible system that responds to shifting societal norms, one of the most important features of the 7th Amendment is its emphasis on maintaining common law principles. By establishing the right to a jury trial in common law, the 7th Amendment guarantees that this right will continue to be relevant and responsive to modern needs, which is important because it allows the legal system to balance the scales of justice in a way that is both fair and reflective of contemporary societal values.

The Seventh Amendment has many practical applications. In civil cases, where parties frequently seek compensation for personal injuries, financial losses, or contract violations, the right to a jury trial serves as an essential check against potential judicial bias. It also gives regular citizens the opportunity to participate in the administration of justice, which promotes a sense of social responsibility and justice. Finally, jury trials act as a democratic safeguard, guaranteeing that legal decisions are not made only by appointed or elected officials but also by the community at large.

Nevertheless, there have been difficulties in applying the 7th Amendment. The definition of a “suit at common law” has changed, which has occasionally resulted in discussions regarding the amendment’s reach. The $20 threshold, which was a significant sum in the 18th century, is now primarily symbolic because of inflation. Nevertheless, the essential ideas of the 7th Amendment remain relevant, reaffirming the significance of jury trials in civil litigation.

The relevance of the 7th Amendment in the modern era is highlighted by the constant debates surrounding access to justice. With the cost of legal representation rising and procedural intricacies growing, it is critical that people are able to exercise their right to a jury trial. The spirit of the 7th Amendment is also upheld by the fact that the amendment’s emphasis on impartiality and fairness continues to serve as a beacon for legal reforms aimed at safeguarding civil liberties.

In summary, the 7th Amendment is evidence of the continued importance of jury trials in the American legal system. It represents a dedication to equity, democratic involvement, and the defense of individual rights. By upholding the right to a jury trial in civil cases, the 7th Amendment guarantees that justice is not only carried out but also perceived to be carried out, sustaining public trust in the legal system. The principles embodied in the 7th Amendment will continue to be essential to the pursuit of justice and the defense of civil liberties even as society changes.

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• > Hume: Political Essays
• > Of civil liberty

Book contents

• Frontmatter
• Acknowledgements
• Introduction
• Bibliographical notes
• A note on the text and the edition
• Biographical notes
• Bibliography
• Political Essays
• 1 Of the liberty of the press
• 2 That politics may be reduced to a science
• 3 Of the first principles of government
• 4 Of the origin of government
• 5 Of the independency of Parliament
• 6 Whether the British government inclines more to absolute monarchy, or to a republic
• 7 Of parties in general
• 8 Of the parties of Great Britain
• 9 Of superstition and enthusiasm
• 10 Of civil liberty
• 11 Of the rise and progress of the arts and sciences
• 12 Of national characters
• 13 Of commerce
• 14 Of refinement in the arts
• 15 Of money
• 16 Of interest
• 17 Of the balance of trade
• 18 Of the jealousy of trade
• 19 Of the balance of power
• 20 Of taxes
• 21 Of public credit
• 22 Of some remarkable customs
• 23 Of the original contract
• 24 Of passive obedience
• 25 Of the coalition of parties
• 26 Of the Protestant succession
• 27 Idea of a perfect commonwealth
• Appendix: Excerpts from Hume's History of England
• Title in the Series

10 - Of civil liberty

Published online by Cambridge University Press:  05 June 2012

T hose who employ their pens on political subjects, free from partyrage, and party-prejudices, cultivate a science, which, of all others, contributes most to public utility, and even to the private satisfaction of those who addict themselves to the study of it. I am apt, however, to entertain a suspicion, that the world is still too young to fix many general truths in politics, which will remain true to the latest posterity. We have not as yet had experience of three thousand years; so that not only the art of reasoning is still defective in this science, as in all others, but we even want sufficient materials upon which we can reason. It is not fully known, what degree of refinement, either in virtue or vice, human nature is susceptible of; nor what may be expected of mankind from any great revolution in their education, customs, or principles. M achiavel was certainly a great genius; but having confined his study to the furious and tyrannical governments of ancient times, or to the little disorderly principalities of I taly , his reasonings, especially upon monarchical government, have been found extremely defective; and there scarcely is any maxim in his prince , which subsequent experience has not entirely refuted. A weak prince , says he, is incapable of receiving good counsel; for if he consult with several, he will not be able to choose among their different counsels. If he abandon himself to one, that minister may, perhaps, have capacity; but he will not long be a minister: He will be sure to dispossess his master, and place himself and his family upon the throne .

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• Of civil liberty
• Edited by Knud Haakonssen , Australian National University, Canberra
• Book: Hume: Political Essays
• Online publication: 05 June 2012
• Chapter DOI: https://doi.org/10.1017/CBO9781139170765.016

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ECONLIB Books

Essays, Moral, Political, and Literary

By david hume.

DAVID HUME’S greatness was recognized in his own time, as it is today, but the writings that made Hume famous are not, by and large, the same ones that support his reputation now. Leaving aside his Enquiries, which were widely read then as now, Hume is known today chiefly through his Treatise of Human Nature and his Dialogues Concerning Natural Religion. The Treatise was scarcely read at all during Hume’s lifetime, however, and the Dialogues was not published until after his death. Conversely, most readers today pay little attention to Hume’s various books of essays and to his History of England, but these are the works that were read avidly by his contemporaries. If one is to get a balanced view of Hume’s thought, it is necessary to study both groups of writings. If we should neglect the essays or the History, then our view of Hume’s aims and achievements is likely to be as incomplete as that of his contemporaries who failed to read the Treatise or the Dialogues. … [From the Foreword by Eugene F. Miller]

Translator/Editor

Eugene F. Miller, ed.

First Pub. Date

Indianapolis, IN: Liberty Fund, Inc. Liberty Fund, Inc.

Publication date details: Part I: 1742. Part II ( Political Discourses): 1752. Combined: 1777. Includes Political Discourses (1752), "My Own Life," by David Hume, and a letter by Adam Smith.

Portions of this edited edition are under copyright. Picture of David Hume courtesy of The Warren J. Samuels Portrait Collection at Duke University.

Table of Contents

• Foreword, by Eugene F. Miller
• Editors Note, by Eugene F. Miller
• Note to the Revised Edition

My Own Life, by David Hume

• Letter from Adam Smith, L.L.D. to William Strahan, Esq.
• Part I, Essay I, OF THE DELICACY OF TASTE AND PASSION
• Part I, Essay II, OF THE LIBERTY OF THE PRESS
• Part I, Essay III, THAT POLITICS MAY BE REDUCED TO A SCIENCE
• Part I, Essay IV, OF THE FIRST PRINCIPLES OF GOVERNMENT
• Part I, Essay V, OF THE ORIGIN OF GOVERNMENT
• Part I, Essay VI, OF THE INDEPENDENCY OF PARLIAMENT
• Part I, Essay VII, WHETHER THE BRITISH GOVERNMENT INCLINES MORE TO ABSOLUTE MONARCHY, OR TO A REPUBLIC
• Part I, Essay VIII, OF PARTIES IN GENERAL
• Part I, Essay IX, OF THE PARTIES OF GREAT BRITAIN
• Part I, Essay X, OF SUPERSTITION AND ENTHUSIASM
• Part I, Essay XI, OF THE DIGNITY OR MEANNESS OF HUMAN NATURE
• Part I, Essay XII, OF CIVIL LIBERTY
• Part I, Essay XIII, OF ELOQUENCE
• Part I, Essay XIV, OF THE RISE AND PROGRESS OF THE ARTS AND SCIENCES
• Part I, Essay XV, THE EPICUREAN
• Part I, Essay XVI, THE STOIC
• Part I, Essay XVII, THE PLATONIST
• Part I, Essay XVIII, THE SCEPTIC
• Part I, Essay XIX, OF POLYGAMY AND DIVORCES
• Part I, Essay XX, OF SIMPLICITY AND REFINEMENT IN WRITING
• Part I, Essay XXI, OF NATIONAL CHARACTERS
• Part I, Essay XXII, OF TRAGEDY
• Part I, Essay XXIII, OF THE STANDARD OF TASTE
• Part II, Essay I, OF COMMERCE
• Part II, Essay II, OF REFINEMENT IN THE ARTS
• Part II, Essay III, OF MONEY
• Part II, Essay IV, OF INTEREST
• Part II, Essay V, OF THE BALANCE OF TRADE
• Part II, Essay VI, OF THE JEALOUSY OF TRADE
• Part II, Essay VII, OF THE BALANCE OF POWER
• Part II, Essay VIII, OF TAXES
• Part II, Essay IX, OF PUBLIC CREDIT
• Part II, Essay X, OF SOME REMARKABLE CUSTOMS
• Part II, Essay XI, OF THE POPULOUSNESS OF ANCIENT NATIONS
• Part II, Essay XII, OF THE ORIGINAL CONTRACT
• Part II, Essay XIII, OF PASSIVE OBEDIENCE
• Part II, Essay XIV, OF THE COALITION OF PARTIES
• Part II, Essay XV, OF THE PROTESTANT SUCCESSION
• Part II, Essay XVI, IDEA OF A PERFECT COMMONWEALTH
• Part III, Essay I, OF ESSAY-WRITING
• Part III, Essay II, OF MORAL PREJUDICES
• Part III, Essay III, OF THE MIDDLE STATION OF LIFE
• Part III, Essay IV, OF IMPUDENCE AND MODESTY
• Part III, Essay V, OF LOVE AND MARRIAGE
• Part III, Essay VI, OF THE STUDY OF HISTORY
• Part III, Essay VII, OF AVARICE
• Part III, Essay VIII, A CHARACTER OF SIR ROBERT WALPOLE
• Part III, Essay IX, OF SUICIDE
• Part III, Essay X, OF THE IMMORTALITY OF THE SOUL
• Variant Readings

by Eugene F. Miller

DAVID HUME’S greatness was recognized in his own time, as it is today, but the writings that made Hume famous are not, by and large, the same ones that support his reputation now. Leaving aside his Enquiries, *1 which were widely read then as now, Hume is known today chiefly through his Treatise of Human Nature *2 and his Dialogues Concerning Natural Religion. *3 The Treatise was scarcely read at all during Hume’s lifetime, however, and the Dialogues was not published until after his death. Conversely, most readers today pay little attention to Hume’s various books of essays and to his History of England, *4 but these are the works that were read avidly by his contemporaries. If one is to get a balanced view of Hume’s thought, it is necessary to study both groups of writings. If we should neglect the essays or the History, then our view of Hume’s aims and achievements is likely to be as incomplete as that of his contemporaries who failed to read the Treatise or the Dialogues.

The preparation and revision of his essays occupied Hume throughout his adult life. In his late twenties, after completing three books of the Treatise, Hume began to publish essays on moral and political themes. His Essays, Moral and Political was brought out late in 1741 by Alexander Kincaid, Edinburgh’s leading publisher. *5 A second volume of essays appeared under the same title early in 1742, *6 and later that year, a “Second Edition, Corrected” of the first volume was issued. In 1748, three additional essays appeared in a small volume published in Edinburgh and London. *7 That volume is noteworthy as the first of Hume’s works to bear his name and also as the beginning of his association with Andrew Millar as his chief London publisher. These three essays were incorporated into the “Third Edition, Corrected” of Essays, Moral and Political, which Millar and Kincaid published in the same year. In 1752, Hume issued a large number of new essays under the title Political Discourses, a work so successful that a second edition was published before the year was out, and a third in 1754. *8

Early in the 1750s, Hume drew together his various essays, along with other of his writings, in a collection entitled Essays and Treatises on Several Subjects. Volume 1 (1753) of this collection contains the Essays, Moral and Political and Volume 4 (1753-54) contains the Political Discourses. The two Enquiries are reprinted in Volumes 2 and 3. Hume retained the title Essays and Treatises on Several Subjects for subsequent editions of his collected works, but he varied the format and contents somewhat. A new, one-volume edition appeared under this title in 1758, and other four-volume editions in 1760 and 1770. Two-volume editions appeared in 1764, 1767, 1768, 1772, and 1777. The 1758 edition, for the first time, grouped the essays under the heading “Essays, Moral, Political, and Literary” and divided them into Parts I and II. Several new essays, as well as other writings, were added to this collection along the way. *9

As we see, the essays were by no means of casual interest to Hume. He worked on them continually from about 1740 until his death, in 1776. There are thirty-nine essays in the posthumous, 1777, edition of Essays, Moral, Political, and Literary (Volume 1 of Essays and Treatises on Several Subjects ). Nineteen of these date back to the two original volumes of Essays, Moral and Political (1741-42). By 1777, these essays from the original volumes would have gone through eleven editions. Twenty essays were added along the way, eight were deleted, and two would await posthumous publication. Hume’s practice throughout his life was to supervise carefully the publication of his writings and to correct them for new editions. Though gravely ill in 1776, Hume made arrangements for the posthumous publication of his manuscripts, including the suppressed essays “Of Suicide” and “Of the Immortality of the Soul,” and he prepared for his publisher, William Strahan, the corrections for new editions of both his History of England and his Essays and Treatises on Several Subjects. When Adam Smith visited Hume on August 8, 1776, a little more than two weeks before the philosopher’s death on August 25, he found Hume still at work on corrections to the Essays and Treatises. Hume had earlier been reading Lucian’s Dialogues of the Dead, and he speculated in jocular fashion with Smith on excuses that he might give to Charon for not entering his boat. One possibility was to say to him: “Good Charon, I have been correcting my works for a new edition. Allow me a little time, that I may see how the Public receives the alterations.” *10

Hume’s essays were received warmly in Britain, on the Continent, where numerous translations into French, German, and Italian appeared, and in America. In his brief autobiography, My own Life, *11 Hume speaks of his great satisfaction with the public’s reception of the essays. The favorable response to the first volume of Essays, Moral and Political made him forget entirely his earlier disappointment over the public’s indifference to his Treatise of Human Nature, and he was pleased that Political Discourses was received well from the outset both at home and abroad. When Hume accompanied the Earl of Hertford to Paris in 1763 for a stay of twenty-six months as Secretary of the British Embassy and finally as Chargé d’Affaires, he discovered that his fame there surpassed anything he might have expected. He was loaded with civilities “from men and women of all ranks and stations.” Fame was not the only benefit that Hume enjoyed from his publications. By the 1760s, “the copy-money given me by the booksellers, much exceeded any thing formerly known in England; I was become not only independent, but opulent.”

Hume’s essays continued to be read widely for more than a century after his death. Jessop lists sixteen editions or reprintings of Essays and Treatises on Several Subjects that appeared between 1777 and 1894. *12 (More than fifty editions or reprintings of the History are listed for the same period.) The Essays, Moral, Political, and Literary were included as Volume 3 of The Philosophical Works of David Hume (Edinburgh, 1825; reprinted in 1826 and 1854) and again as Volume 3 of a later edition by T. H. Green and T. H. Grose, also entitled The Philosophical Works of David Hume (London: Longmans, Green and Co., 1874-75; vol. 3, reprinted in 1882, 1889, 1898, 1907, and 1912). Some separate editions of the Essays, Moral, Political, and Literary were published as well, including the one by “The World’s Classics” (London, 1903; reprinted in 1904).

These bibliographical details are important because they show how highly the essays were regarded by Hume himself and by many others up to the present century. Over the past seventy years, however, the essays have been overshadowed, just as the History has been, by other of Hume’s writings. Although some recent studies have drawn attention once again to the importance of Hume’s Essays, Moral, Political, and Literary, *13 the work itself has long been difficult to locate in a convenient edition. Some of the essays have been included in various collections, *14 but, leaving aside the present edition, no complete edition of the Essays has appeared since the early part of the century, save for a reprinting of the 1903 World’s Classics edition *15 and expensive reproductions of Green and Grose’s four-volume set of the Philosophical Works. In publishing this new edition of the Essays —along with its publication, in six volumes, of the History of England *16 —Liberty Fund has made a neglected side of Hume’s thought accessible once again to the modern reader.

Many years after Hume’s death, his close friend John Home wrote a sketch of Hume’s character, in the course of which he observed: “His Essays are at once popular and philosophical, and contain a rare and happy union of profound Science and fine writing.” *17 This observation indicates why Hume’s essays were held in such high esteem by his contemporaries and why they continue to deserve our attention today. The essays are elegant and entertaining in style, but thoroughly philosophical in temper and content. They elaborate those sciences—morals, politics, and criticism—for which the Treatise of Human Nature lays a foundation. It was not simply a desire for fame that led Hume to abandon the Treatise and seek a wider audience for his thought. He acted in the belief that commerce between men of letters and men of the world worked to the benefit of both. Hume thought that philosophy itself was a great loser when it remained shut up in colleges and cells and secluded from the world and good company. Hume’s essays do not mark an abandonment of philosophy, as some have maintained, *18 but rather an attempt to improve it by having it address the concerns of common life.

Eugene F. Miller is Professor of Political Science at the University of Georgia, Athens, Georgia

Editor’s Note

Part I, Essay I

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