1.3 Overview of Constitutional Rights and Liberties
5 min read•july 30, 2024
Constitutional rights and liberties form the backbone of American democracy. The Bill of Rights and subsequent amendments protect individual freedoms from government overreach, setting the stage for a delicate balance between state power and personal liberty.
These protections have evolved through landmark Supreme Court cases and changing social norms. From free speech to privacy rights, the Court's interpretations have expanded , shaping the contours of American society and individual freedoms.
Constitutional Rights and Liberties
The Bill of Rights
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- The Bill of Rights, consisting of the first ten amendments to the U.S. Constitution, was ratified in 1791 to protect individual liberties from government overreach
- The protects , press, religion, assembly, and the right to petition the government for redress of grievances
- The addresses the right to bear arms, while the prohibits the quartering of soldiers in private homes during peacetime without the owner's consent
- The safeguards against unreasonable searches and seizures, requiring probable cause and warrants for most searches
- The provides due process rights, protects against self-incrimination and double jeopardy, and requires just compensation for private property taken for public use
- The ensures the rights of the accused in criminal prosecutions, including the right to a speedy and public trial, an impartial jury, and the assistance of counsel
- The prohibits excessive bail, fines, and cruel and unusual punishment
Subsequent Amendments Protecting Rights
- The clarifies that the enumeration of certain rights in the Constitution does not deny or disparage other rights retained by the people
- The , ratified in 1868, extends due process and equal protection rights to the states and defines citizenship
- It has been used to incorporate most of the Bill of Rights protections against the states through the doctrine of selective incorporation
- Notable cases applying the 14th Amendment include (school desegregation) and (same-sex marriage)
Substantive vs Procedural Due Process
Substantive Due Process
- protects individuals from government interference with certain fundamental rights and liberty interests, such as privacy, marriage, and procreation
- It is used to strike down laws that infringe upon these fundamental rights, even if the law's procedures are technically fair
- The Supreme Court has recognized substantive due process rights in cases such as (1965), striking down a ban on contraceptives, and (1973), protecting abortion rights
- Early in the 20th century, the Court used substantive due process to strike down economic regulations (), but later abandoned this approach ()
Procedural Due Process
- ensures that the government follows fair procedures when depriving an individual of life, liberty, or property
- It requires the government to provide notice and a fair hearing before taking action that could infringe upon an individual's rights
- Key procedural due process cases include (1963), establishing the right to court-appointed counsel in criminal cases, and (1970), requiring a hearing before termination of welfare benefits
- Due process, guaranteed by the Fifth and Fourteenth Amendments, ensures that the government respects all legal rights owed to a person and balances the power of law of the land with the rights of the individual
Incorporation of the Bill of Rights
Selective Incorporation Doctrine
- Initially, the Bill of Rights only applied to the federal government, not to the states, as affirmed in (1833)
- The Fourteenth Amendment's has been interpreted to "incorporate" most of the Bill of Rights protections against the states
- Incorporation occurs through the doctrine of selective incorporation, where the Supreme Court determines on a case-by-case basis which provisions of the Bill of Rights are fundamental and thus applicable to the states
- Selective incorporation began with (1925), applying the First Amendment's free speech clause to the states
- Other notable selective incorporation cases include (1961) for the Fourth Amendment's and Gideon v. Wainwright (1963) for the Sixth Amendment's right to counsel
Impact of Incorporation
- The incorporation doctrine has significantly expanded the scope of constitutional rights and liberties, ensuring that states cannot infringe upon these fundamental protections
- It has led to the application of most Bill of Rights protections against state governments, not just the federal government
- Incorporation has been crucial in cases involving free speech, criminal procedure, and privacy rights at the state level
Evolving Interpretation of Constitutional Rights
Landmark Supreme Court Cases
- (1803) established the principle of , empowering the Supreme Court to interpret the Constitution and strike down laws that violate it
- Brown v. Board of Education (1954) overturned the "separate but equal" doctrine, holding that segregation in public schools violated the of the Fourteenth Amendment
- Griswold v. Connecticut (1965) recognized a constitutional , striking down a state law that prohibited the use of contraceptives by married couples
- Roe v. Wade (1973) further expanded the right to privacy to include a woman's decision to have an abortion, though this decision was later overturned in Dobbs v. Jackson Women's Health Organization (2022)
- Obergefell v. Hodges (2015) legalized same-sex marriage nationwide, finding that the fundamental right to marry is guaranteed to same-sex couples by the Due Process and Equal Protection Clauses of the Fourteenth Amendment
Changing Scope of Rights Over Time
- The Supreme Court's interpretation of constitutional rights has evolved over time, often in response to changing social norms and values
- For example, the Court's approach to substantive due process shifted from striking down economic regulations (Lochner era) to protecting personal liberties (privacy cases)
- Similarly, the Court's understanding of the Equal Protection Clause has expanded to prohibit discrimination based on race, gender, and sexual orientation
- As new cases come before the Court, the scope and application of constitutional rights continue to develop, shaping the contours of American civil liberties
Key Terms to Review (32)
Barron v. Baltimore: Barron v. Baltimore is a landmark Supreme Court case from 1833 that established the principle that the Bill of Rights did not apply to state governments. In this case, John Barron sued the city of Baltimore for damages after the city’s actions resulted in the loss of his wharf's profitability. The Court ruled that the Fifth Amendment's guarantee of just compensation for property taken by the government was not applicable to state actions, thereby solidifying the concept of dual citizenship under federal and state law.
Brown v. Board of Education: Brown v. Board of Education was a landmark Supreme Court case decided in 1954 that declared state laws establishing separate public schools for black and white students unconstitutional. This ruling was pivotal in the civil rights movement, fundamentally altering the landscape of American education and challenging the legality of racial segregation.
Civil liberties: Civil liberties are the fundamental rights and freedoms that protect individuals from government overreach and ensure personal autonomy. They include rights such as freedom of speech, religion, and the press, as well as protections against unreasonable searches and seizures. These liberties are primarily enshrined in the Bill of Rights and are essential for maintaining a democratic society by safeguarding individual freedoms from infringement by the state.
Civil Rights: Civil rights are the rights of individuals to receive equal treatment under the law, primarily concerning issues of social justice and equality. They ensure that individuals are protected from discrimination based on characteristics such as race, gender, age, or disability, allowing for participation in civic life without oppression. These rights are deeply connected to the Constitution and its amendments, which provide frameworks for protecting individual freedoms against government actions and discrimination.
Due process clause: The due process clause is a constitutional guarantee found in the Fifth and Fourteenth Amendments that protects individuals from arbitrary denial of life, liberty, or property by the government without lawful procedures. This clause ensures fair treatment through the judicial system and has been interpreted to include both procedural and substantive rights.
Eighth Amendment: The Eighth Amendment is a provision in the United States Constitution that prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishment. This amendment ensures that individuals are treated humanely and that punishments are proportional to the crimes committed, reflecting a commitment to individual rights and the principle of justice.
Equal Protection Clause: The Equal Protection Clause is a provision in the Fourteenth Amendment of the U.S. Constitution that requires states to treat all individuals equally under the law. This clause serves as a foundation for civil rights and anti-discrimination laws, ensuring that no individual or group is denied equal protection of the laws.
Exclusionary Rule: The exclusionary rule is a legal principle in the United States that prevents the government from using evidence obtained in violation of the Constitution, particularly in violation of the Fourth Amendment's protection against unreasonable searches and seizures. This rule serves to uphold constitutional rights and liberties by ensuring that illegally obtained evidence cannot be used to convict individuals in a court of law, thus promoting fairness and justice within the legal system.
Fifth Amendment: The Fifth Amendment is a crucial part of the Bill of Rights that protects individuals from self-incrimination, guarantees due process, and prohibits double jeopardy. It ensures that no person shall be held to answer for a capital or infamous crime unless indicted by a grand jury, thus providing essential protections in the criminal justice system and influencing various aspects of legal proceedings and individual rights.
First Amendment: The First Amendment is a part of the United States Constitution that guarantees the freedoms of religion, speech, press, assembly, and petition. It serves as a foundational element of American democracy, protecting individual liberties and limiting government power in relation to free expression and religious practices. This amendment plays a crucial role in shaping constitutional rights and is integral to understanding how the law has evolved through various interpretations over time.
Fourteenth Amendment: The Fourteenth Amendment, ratified in 1868, is a crucial part of the U.S. Constitution that addresses citizenship rights and equal protection under the law. It ensures that no state can deny any person the equal protection of the laws, significantly influencing the development of civil rights in America. Its broad language has been pivotal in various legal interpretations, shaping key concepts such as due process and equal protection that resonate across multiple areas of law and modern issues.
Fourth Amendment: The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures by the government, ensuring that warrants are issued based on probable cause. This amendment is a cornerstone of privacy rights and plays a critical role in limiting governmental power, establishing a balance between individual liberties and law enforcement needs.
Freedom of speech: Freedom of speech is the right to express one's opinions and ideas without fear of government censorship or punishment. This fundamental liberty is essential for a democratic society, as it allows for open discourse, criticism of the government, and the sharing of diverse perspectives.
Gideon v. Wainwright: Gideon v. Wainwright is a landmark Supreme Court case from 1963 that established the right to counsel for defendants in criminal cases who cannot afford an attorney. This case expanded the Sixth Amendment's guarantee of legal representation, reinforcing the principle that fair trials cannot occur without proper legal assistance, and highlighted the importance of equal protection under the law for all individuals, regardless of their economic status.
Gitlow v. New York: Gitlow v. New York was a landmark Supreme Court case decided in 1925 that established the principle of incorporating the First Amendment's free speech protections to state governments through the Fourteenth Amendment's Due Process Clause. This case marked a significant shift in how constitutional rights and liberties were applied at both the federal and state levels, indicating that states could not infringe upon the fundamental rights guaranteed by the Constitution.
Goldberg v. Kelly: Goldberg v. Kelly is a landmark Supreme Court case from 1970 that established the principle that individuals have a right to due process when government benefits are terminated. This decision highlighted the importance of procedural protections in the context of welfare rights, affirming that recipients of public assistance must be given notice and an opportunity for a hearing before their benefits can be revoked.
Griswold v. Connecticut: Griswold v. Connecticut is a landmark Supreme Court case from 1965 that ruled unconstitutional a Connecticut law prohibiting the use of contraceptives, even by married couples. This decision was pivotal in establishing the right to privacy in marital relations and set the stage for future cases regarding personal liberties and reproductive rights.
Judicial Review: Judicial review is the power of courts to assess whether a law, policy, or executive action is in compliance with the Constitution. This authority serves as a vital check on legislative and executive powers, ensuring that they do not exceed their constitutional limits.
Lochner v. New York: Lochner v. New York is a landmark Supreme Court case from 1905 that struck down a New York law limiting bakers' working hours, emphasizing the importance of economic liberties and the right to contract. The ruling asserted that the law interfered with the individual freedom to make economic choices, highlighting the tension between state regulation and personal liberties.
Mapp v. Ohio: Mapp v. Ohio is a landmark Supreme Court case from 1961 that established the exclusionary rule, which prevents evidence obtained in violation of the Fourth Amendment from being used in state courts. This case extended the protections against unreasonable searches and seizures to the states, reinforcing individual rights and liberties within the American legal system.
Marbury v. Madison: Marbury v. Madison is a landmark Supreme Court case from 1803 that established the principle of judicial review, allowing the Court to invalidate laws and actions that are found to be unconstitutional. This case set a precedent for the judiciary's role in checking the powers of the other branches of government and protecting individual rights.
Ninth Amendment: The Ninth Amendment to the United States Constitution is a provision that protects rights not specifically enumerated in the Constitution. It asserts that the enumeration of certain rights in the Constitution should not be interpreted to deny or disparage others retained by the people, highlighting the importance of individual liberties beyond those explicitly listed.
Obergefell v. Hodges: Obergefell v. Hodges is a landmark Supreme Court case decided in 2015 that legalized same-sex marriage across the United States, ruling that state bans on same-sex marriage were unconstitutional under the Fourteenth Amendment. This decision highlighted the evolving interpretation of constitutional rights and civil liberties, particularly in the context of equality and individual freedoms.
Procedural Due Process: Procedural due process is a constitutional principle that ensures individuals are provided fair and adequate procedures when they are deprived of life, liberty, or property. This concept mandates that government actions affecting an individual’s rights must follow established legal procedures, including notice and an opportunity to be heard. It connects closely with the broader context of rights and liberties by safeguarding individuals against arbitrary government action while also balancing the state’s power through reserved powers and police powers.
Right to Privacy: The right to privacy is a fundamental principle that protects individuals from unwarranted government intrusion into their personal lives and decisions. This right is not explicitly stated in the Constitution but has been inferred from various amendments, reflecting the belief that individuals have a reasonable expectation of privacy in certain areas, such as their personal communications, bodily autonomy, and relationships.
Roe v. Wade: Roe v. Wade is a landmark Supreme Court case decided in 1973 that established a woman's legal right to have an abortion under the right to privacy, which is implied by the due process clause of the Fourteenth Amendment. This decision had significant implications for judicial interpretation of constitutional rights, civil liberties, and emerging issues of equality and personal autonomy.
Second Amendment: The Second Amendment to the United States Constitution protects the right of individuals to keep and bear arms. It was ratified in 1791 as part of the Bill of Rights and has been the subject of extensive legal interpretation regarding the balance between individual rights and government regulation of firearms.
Selective incorporation doctrine: The selective incorporation doctrine is a constitutional principle that ensures that certain fundamental rights and liberties guaranteed by the Bill of Rights are applied to the states through the Fourteenth Amendment's Due Process Clause. This process allows the Supreme Court to determine which rights are essential for fairness and justice, thus incorporating them against state action and protecting individuals from state infringement.
Sixth Amendment: The Sixth Amendment is part of the Bill of Rights and guarantees essential rights related to criminal prosecutions. It ensures that individuals have the right to a speedy and public trial, an impartial jury, and legal counsel, thereby protecting the accused against unfair legal processes and providing safeguards for a fair trial.
Substantive Due Process: Substantive due process is a constitutional doctrine that protects certain fundamental rights from government interference, ensuring that laws do not infringe upon an individual's liberty or privacy in ways that are arbitrary or unjust. This concept goes beyond mere procedural safeguards and emphasizes the importance of the content of laws in relation to individual freedoms, including rights related to personal autonomy, economic choices, and privacy.
Third Amendment: The Third Amendment to the United States Constitution prohibits the government from forcing citizens to house soldiers in their homes during peacetime without consent. This amendment reflects a foundational principle of individual privacy and property rights, linking it to broader constitutional protections against government overreach.
West Coast Hotel Co. v. Parrish: West Coast Hotel Co. v. Parrish is a landmark Supreme Court case decided in 1937 that upheld the constitutionality of minimum wage laws for women, marking a significant shift in the Court's approach to economic regulation and individual rights. This case demonstrated how state interest in protecting workers' rights could be balanced with business interests, highlighting the evolving interpretation of constitutional rights and liberties.