Bill of Rights - 1st ten amendment to the Constitution; protect civil liberties and civil rights
Civil liberties
freedom to think and act protected from government abuse
- regards personal actions in eyes of government
- protected from abuse; can be limited
Civil rights
right of fair and equal status/treatment for all people
- regards status as person in eyes of government
- right of fair treatment; much more difficult to limit
Civil liberties are the most litigated part of the Constitution. Since the Constitution is somewhat gray by nature, the openness to interpretation that many of the amendments exhibit leave it wide open to challenges over intent and application. The heart of these amendments are the liberties of the individual people. But what if they contradict? What if one person exercising their liberties interferes with another person exercising theirs? Or with the government attempting to carry out its responsibilities?
Where do your liberties end and mine begin?
This is why the study of civil liberties and civil rights is wrapped up in case law.
What does the 14th Amendment have to do with the Bill of Rights?
The 14th is how the Bill of Rights becomes applicable to the states. Prior to the 14th, they only apply to citizens of the United States, not the individual states.
Read 14th Amendment
- citizenship clause
- due process clause
- equal protection clause
Again, it is up to individuals to challenge institutions if they feel that their rights or liberties are being violated. Because of the 14th, the Bill of Rights has been applied to the states on a case-by-case basis. This is the process of selective incorporation.
