civil liberties essay question

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.

historic documents, declaration, constitution, more

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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Lesson Plan: AP Government: Argumentative Essay Practice

The Federalist Papers

Boston College professor Mary Sarah Bilder gives a brief overview backgrounding the Federalist Papers

Description

This is intended as an end-of-course review activity for practice with the argumentative essay format included on the AP United States Government and Politics exam since the 2018 redesign. Eleven practice prompts are provided, reflecting content from Units 1-3.

ARGUMENTATIVE ESSAY PROMPT ANALYSIS

Review the provided Argumentative Essay Prompts in either an individual or jigsaw format.
Write a thesis statement for your selected prompt(s) and identify the selection you would make from the provided list and the second piece of evidence you would choose.
If there are prompts for which you struggle to develop a thesis, or items on the bulleted lists with which you are not conversant, use the hyperlinked C-SPAN Classroom resources to extend your understanding of the required founding documents and SCOTUS cases that you found challenging.

ARGUMENTATIVE ESSAY

Chose one or more of the provided Argumentative Essay Prompts , as assigned, and use the planning and exploration you did above to write a full essay in response to your designated prompt(s) in 25 or fewer minutes , since that's the time limit you'll face on the AP Exam!
Exchange essays with a classmate and evaluate each others' work.
1st Amendment
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Constitution
House Of Representatives
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Supreme Court

Essay Questions: The Supreme Court and the Bill of Rights

Background Essay Questions

Guiding Question: How has the Supreme Court decided cases in controversies related to the Bill of Rights?

I can identify the role of the Supreme Court in protecting civil liberties.
I can explain how the Supreme Court’s role has changed over time.
What was the original Founding understanding of the Bill of Rights? How does this connect to the Founding Principle of federalism?
How has incorporation led to controversy in the twentieth century?
What rights has the Supreme Court protected, starting with the Warren Court?
In your opinion, is the Supreme Court the branch of government best suited to protect civil liberties? Explain your reasoning.

Additional Activities

Supreme court case scenarios: how would you decide, more from this category.

Background Essay: The Supreme Court and the Bill of Rights

The Supreme Court and the Bill of Rights

How has the Supreme Court decided cases in controversies related to the Bill of Rights?

Civil Liberties and Civil Rights in America

This essay about civil liberties and civil rights in America offers a straightforward look into the freedoms and protections that are central to the nation’s identity. It distinguishes between civil liberties, which protect individuals from government interference, and civil rights, which safeguard against discrimination. The discussion highlights significant legislation and court decisions, such as the First Amendment, the Civil Rights Act of 1964, and the Obergefell v. Hodges case, emphasizing their impact on American society. It also touches on contemporary challenges, including privacy concerns in the digital age and the ongoing fight against racial inequality. The essay conveys that these principles are dynamic, constantly evolving with societal changes, and underscores the importance of actively participating in the dialogue surrounding these issues to promote a more inclusive and equitable future.

How it works

When you dive into the heart of what makes America tick, you’ll find civil liberties and civil rights at its core. They’re not just legal terms or chapters in a textbook; they’re the lifelines that keep the spirit of freedom and equality pulsing through the nation’s veins. Let’s strip away the jargon and look at what these concepts really mean in everyday life.

Think of civil liberties as the personal freedoms you have to think, express, and live without the government breathing down your neck.

It’s the stuff of late-night debates and coffee shop conversations – the right to speak your mind, choose your religion, or write a blog post without fear of being silenced. The First Amendment is a classic example, protecting your speech, your peaceful gatherings, and even your angry tweets about politics. And then there’s the Fourth Amendment, ensuring that you can’t just be searched or have your stuff taken away without a good reason.

Civil rights, on the flip side, are about making sure you’re treated fairly, no matter who you are. It’s the fight to ensure that your race, gender, or who you love doesn’t leave you on the sidelines. Remember the Civil Rights Act of 1964? That was a game-changer, breaking down barriers in jobs and public places. Or the Americans with Disabilities Act, making sure that physical or mental challenges don’t shut people out of opportunities.

But let’s not get too comfortable; these rights are always being tested and pushed in new directions. Take the monumental win for same-sex marriage with the Obergefell v. Hodges case. It wasn’t just a win for love; it was a monumental statement about equality.

Yet, we’re also wrestling with how these freedoms fit in our digital lives. Privacy versus security is a huge debate, with laws like the USA PATRIOT Act stirring up all sorts of questions about how much the government should know about our online worlds.

The road to balancing civil liberties and rights isn’t always smooth. Free speech is a double-edged sword; it protects your right to voice your opinion, but what about when speech crosses the line into harm? And as much as we champion equality, movements like Black Lives Matter remind us that there’s still a long way to go in the battle against racial injustice.

At its heart, the story of civil liberties and civil rights in America is about never taking our freedoms for granted. It’s about understanding that these rights need to be protected, debated, and cherished. They’re not just abstract principles; they’re the guidelines for how we live together, fight for justice, and keep the dream of equality alive. As we look ahead, it’s clear that these conversations and challenges will continue to shape the nation. Let’s make sure we’re all part of that dialogue.

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Read the following essay and answer the question, “Why do our civil liberties matter?”

Feel free to submit your essay below for review or contribute your thoughts on other essays posted. Both activities will help you prepare for the exam and the more you contribute, the more you will get out of this section.

ESSAY PROMPT

Civil liberties.

It is easy to forget that unlike your parents, and perhaps much like the students from Venus who have never seen the sun in Ray Bradbury’s All Summer in a Day essay prompt, you have never known a world without restrictions on civil liberties in the name of protection from the war on terror. The Patriot Act, whistleblowers, and NSA spying are accepted facts of life: they are the new ‘normal’ and the only paradigm you have known in your lifetime. However, generations of Americans prior to 2001, dating all the way back to the founding fathers experienced a different paradigm in part due to one patriot who preferred the consequence of death to the absence of liberty when he famously stated, “Give me liberty or give me death!”

In honor of Patrick Henry, it is worth reflecting on the subject of civil liberties and our freedom. Why do our civil liberties matter?

“Why do our civil liberties matter?”

Your essay should be well-organized and include support from the story for your main ideas .

If commenting on the essays please remember the rules and stick with positive suggestions that can help the author. Focus on the essay structure and quality. The following guidelines are by no means compete, but can serve as a guide for useful suggestions.

Quality and impact of thesis statement and opening paragraph. This may be the most important paragraph. Does it provide a roadmap for the essay?
Supporting paragraphs. Do these follow the outline of the 1st paragraph? Do they use explicit examples and not deviate unnecessarily from topic?
Prose. Are the sentences direct and effective with proper grammar and correct spelling?
Conclusion. Perhaps the least important paragraph. Does it wrap it all up?

This Post Has 3 Comments

Freedom of speech is a great amendment, and everyone in this land can feel free to express their feelings. But, it comes in one condition, and that it when you offend or violate another person’s skin color, race, religion, etc. Everyone is meant to live together, not caring about one another’s looks, and if that doesn’t work out, it could possibly mean a lot of controversies, or possibly war. Being able to say what you want freely is great and all, but you should never use that to your advantage, especially to hurt other people. They are meant to be free as well.

Also, it’s no one’s fault that they are who God made them, and they should feel special about it. No one should ever brag that just because they are one color and someone is another, because we are all humans meant to live together. When Patrick Henry famously stated, ” Give me liberty or give me death,” he obviously meant that he wanted to live free of all the controversies and do whatever he wanted. That’s how many people feel if someone said anything hurtful about them; they almost feel as if they are being kept under control by other people and feel as if they are less important.

As you may see, freedom of speech and being who you are two key points in living life the right way. Humans-no matter how much different they look from each other-are meant to live together, not apart. We are all at a equal level, and no one should feel as if they are lower than the people around them. If we treat everyone the way they want to be treated, this world would be a better place to live in.

I am a little unsure what your thesis statement is in response to the prompt. Why do civil liberties matter? I interpret your answer to be, “Civl liberties matter because nobody deserves to have their feelings hurt.” In the introduction, I think you could make a stronger thesis statement and provide a road map for the points you intend to argue in the body paragraphs in support of the thesis. Be careful of your references to “it”. These are vague pronouns. It may be better to say specifically what “it” is.

The second paragraph states that freedom of speech is great. How exactly does that answer the prompt? Once the thesis statement becomes unclear or lacks precision, then the supporting arguments kind of wander as well. In general, I would try to avoid too casual language and make certain to write in a high school level voice. Examples include ,”is great and all.” Find a more precise word or phrase. Also ” he (PH) obviously meant that he wanted …to do whatever he wanted.” I do not think PH wanted to do whatever he wanted, and it is by no means obvious. Be careful about assuming something is obvious when it is not. I would add grammar as a general point. It is an important part of writing in a HS level voice. Review of individual grammar issues would be a lengthier review.

I do like the final sentence or two. Civil liberties help make the world a better place to live. That might even be a stronger thesis and a point you might use in the introduction. Keep up the effort. If you first work on keeping the thesis clean and clear and organize your arguments effectively around that thesis, then you will see significant gains. Then we can focus more on the grammar and related issues.

Thanks for the feedback.