Civil Liberties and Civil Rights

From CBS 2 School

A fundamental concept in American government is the idea that government is limited and allows for the equality of opportunity of all its citizens.

The protection of our civil liberties ensures that we possess certain unalienable rights that government cannot take from us.

The Bill of Rights is the first 10 amendments to the Constitution that defined the limits of government. The Bill of Rights was originally only interpreted to apply to the national government meant.

During the course of the 20th century, the U.S. Supreme Court began using the 14th Amendment’s “Due Process Clause” to make states protect some of the liberties from the Bill of Rights. This gradual process of making states abide by parts of the Bill of Rights is known at “selective incorporation.”

U.S.S.C. Cases that incorporated Civil Liberties

Gitlow v. New York (1925) is the first case in which the USSC made states protect the right to 1st Amendment’s protection of free speech.

Texas v. Johnson (1989) is a case in which the USSC ruled that flag burning could not be banned by a state just because it’s offensive.

Near v. Minnesota (1931) is a case in which the 1st Amendment’s protection of free press was applied to the states.

Everson v. Board of Education (1947) made states follow the 1st Amendment’s establishment clause which prohibits government from establishing a sponsored religion.

Mapp v. Ohio (1961) is the first case in which the USSC said that state and local police must follow the 4th amendments prohibition against unreasonable searches and seizures. Violations would result in the improperly seized evidence being thrown out under the exclusionary rule.

Gideon v. Wainwright (1963) said the 6th amendment mandates that states provide a lawyer to accused criminal facing jail time right to an attorney.

Roper v. Simmons (2005) said the 8th amendment protection against cruel and unusual punishments prohibits states from sentencing a criminal to death if the crime was committed by a person under the age of 18.

Civil Rights
In its work to uphold civil rights, government acts to intervene when citizens are treated unfairly due to race, religion or gender.

Plessy v. Ferguson (1896) is a USSC case that allowed the “separate but equal” standard at the heart of de facto racial segregation laws.

Brown v. the Board of Education of Topeka (1954) overturned the “separate but equal” standard as it applied to public schools.

Baker v. Carr (1962) and Wesberry v. Sanders (1964) were a tandem of USSC cases that made the practice of malapportionment unconstitutional. By creating the standard of “one man, one vote” the court prohibited the creation of congressional districts that were intentionally different populations to dilute black voting power. The result was the increased political power and representation of ethnic minorities in Congress.

Civil Rights Act (1964) was a congressional law that prohibited the racial segregation of public facilities like hotels, restaurants and public transportation.

Heart of Atlanta Motel v. U.S. (1964) was a court case in which the USSC said that the Civil Rights Act of 1964 was constitutional based on Congress’s power to regular interstate commerce.

Voting Rights Act (1965) was a national law that enforced the 15th amendment. It prohibited literacy tests and state poll taxes that were used to restrict black voting. It also mandated that states and local governments work to increase voter registration efforts in black communities that had been disenfranchised.


Title IX (1972) was part of an education reform law that prohibited public schools from discriminating based on gender.