What is the relationship of the Constitution and the Declaration of Independence to civil rights and civil liberties?

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The US Constitution and Declaration of Independence contributed much to the civil rights and liberties of the US political system. It is first important to distinguish the two documents. The Declaration was essentially a resolution passed by the Second Continental Congress to inform King George III that America had split. It had no real legal effect on the system, but it did provide a common ground of ideals (which were mainly borrowed from John Locke's work). The Preamble cites as natural rights "life, liberty, and the pursuit of happiness," claims that "all men are created equal," and that when a government becomes counterproductive of achieving these goals, it is the right and duty of the governed to change that government. These ideas are the basis for American political culture, and have provided for several Supreme Court decisions that allowed advancements in civil liberties and rights. The actual legal basis of these rights, however, must come from the Constitution. The Constitution was ratified at first without individual rights, but, at the urging of some New England liberals, one was added. The majority of civil liberties and civil rights have their bases in the Bill of Rights (Amendments I-X), Amendment XIV, and the right to habeas corpus. Amendment I: Freedom of and from religion, freedom of speech, freedom of press, freedom of assembly and freedom of petition. This amendment gives you a LOT of personal rights. It essentially allows for dissent against the government, a legal basis for the right to change government talked of in the Declaration. Also, it secularizes the state, allowing that no religion may use religious law as basis for law. This gives you the right to moral relativism (as long as your rights do not impede on the life, liberty, or property of another citizen.) Amendment II: Right to militia and arms. This allows for citizen organized militia and weaponry, should the dissent allowed by Amendment I fail to work. Some people argue that gun control violates the second amendment, but most legal scholars cite that the language of the text does not provide a clear answer. Amendment IV: The right against searches . This is a big one: the right to privacy comes directly from amendment IV and subsequent Supreme Court decisions. Amendment V: "The Fifth" This amendment allows that you do not have to testify if your testimony would incriminate you. This is commonly called "pleading the fifth." Amendment VI: Due Process Amendment VI gives those accused of crimes the right to a fair and speedy trial by a jury of their peers in the precinct in which the crime occured. This has been both strengthened and eroded by Supreme Court decisions. It also guarantees the right to legal counsel. Amendment VII: The right to jury trial in common law cases in which the value of the property in question is over $20. Amendment VIII: Amnesty from excessive bail and cruel and unusual punishment. These are pretty vague terms, but Supreme Court decisions have helped to clear up and grey area. Opponents of the death penalty, claim, and have succeeded before in claiming, that the death penalty is cruel and unusual punishment. Amendment IX and X: These amendments say that the rights of the federal government and states do not abridge the rigths of the people and that those powers not enumerated to the federal government nor reserved for the states belong to the people. This concept of individual government (or, as in the declaration, liberty) is essential to the US system. Amendment XV: The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. This is the legal basis of equality, defined as an American ideal in the "all men are created equal" ideal of the Declaration. Habeas Corpus: the guarantee of habeas corpus is given in the text of the Constitution. It denies the government the ability to hold prisoners for an interminable amount of time without charging them of a crime. This is complemented by the sixth amendment. So, it is clear to see that the Declaration of Independence, while a very important philosophical document, did little for the legal environment of the United States. The Constitution manifested the ideas present in the Declaration in a legal sense.
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Can a judge be sued for violating a defendant's civil and constitutional rights?

Answer . No, a judge cannot be sued. A case could possibly be brought against the state, but this is usually a situation where you appeal with these claims. Other Contributor Opinions . The grounds for suit against a presiding judge in which a party (parties) believe their Constitutional and/or c ( Full Answer )

What is the difference between civil rights and civil liberties?

Civil Rights are freedoms granted to citizens of a country and civil liberties are the right of a person to practice their civil rights. Freedom of Speech is a civil right, criticizing the government in a public forum is a civil liberties.

What are the differences between civil liberties and civil rights?

In the UK, civil liberties are the limitation of the power of the government that protect a citizen. They are 'negative' rights so to speak in that they determine what the government cannot do as opposed to what the citizen can do. For example, freedom of speech, freedom of association and the right ( Full Answer )

How did Joseph Stalin abuse rights and civil liberties?

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Relationships between civil right and human right?

Human rights are rights people have just by virtue of being human.Civil rights are bestowed by countries to their citizens. Civilrights may be taken away, but human rights are universal and can'tbe denied.

How does the Declaration of Independence help the civil rights movement?

The Declaration of Independence states that "all men are created equal". In the time the Civil Rights Moventent started it had been about 100 years since Dec of Independence was written. Also, black slaves was a regular thing and blacks were more of property than a "man" (as in they didn't even thin ( Full Answer )

What civil liberty did Lincoln suspend in defiance of the Constitution?

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Compare and contrast civil liberties and civil rights?

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Are Civil liberties and civil rights are the same thing?

No. Civil rights refer to the protection of unequal treatment or discrimination based on race, sex, age, sexual orientation, etc. Civil liberties, on the other hand, are universal freedoms given to all people by the Bill of Rights, the Constitution, and subsequent decisions by the court systems. Exa ( Full Answer )

Civil liberties vs civil rights?

Civil liberties and civil rights are both essential to a civilized society. Now yes, there is a differences between them. Civil liberties are your natural rights that come from your humanity. They are your individual rights for example right to life, liberty, the pursuit of happiness, free speech ( Full Answer )

What are the Basic civil liberty protections in constitution?

First Amendment: Freedom of religion, speech, press, assembly, and to petition the government. Second Amendment: Right to bear arms. Third Amendment: Prevents the government from quartering soldiers in private homes without consent of the owner. Fourth Amendment: Protects against se ( Full Answer )

Do Civil Liberties Amendments give blacks the right to vote?

yes, according to civil liberites law, a state cannot reject ones right to vote on the basis of gender. yes, according to civil liberites law, a state cannot reject ones right to vote on the basis of gender. yes, according to civil liberites law, a state cannot reject ones right to vote on the bas ( Full Answer )

Why were the civil rights act of 1875 declared unconstitutional?

The 13th and 14th Amendments give the federal government the power to protect all individuals from federal and state infringement of their civil rights. However, they do no give the federal government the power over discrimination comitted by private individuals or organizations.

Did the US Declaration of Independence influence the Civil War?

Yes the Declaration of Independence lead to the Civil War because the sentiments said all men are equal...not women. Also not all men were equal. Slaves were treated like dogs and there were many debates on this; which includes the Compromise of 1850.

How do Miranda rights affect the protection of civil liberties?

The Miranda warnings were mandated by the 1966 case of Miranda v. Arizona United States Supreme Court decision in as a means of protecting a criminal suspect's Fifth Amendment right to avoid coercive self-incrimination. The Fifth Amendment states: No person shall be held to answer for a cap ( Full Answer )

How are civil rights and civil liberties different?

There is no difference between civil rights and civil liberties as both are granted by government. There is a glaring difference between rights and civil rights. Rights are inherent in people and preexist governments civil rights exist because of governments. Rights can not be taken away by governme ( Full Answer )

How does the US Constitution protect civil liberties?

U. S. Constitution was influenced by Edward Coke who emphasized theimportance of civil liberties. The Bill of Rights is especiallyfocused on protecting civil liberties by listing ideals such asfreedom of speech, separation of church and state, and the right totrial. These rights cannot be hindered o ( Full Answer )

Are the three unalienable rights in the Constitution or Declaration of Independence?

The Declaration of Independence lists life, liberty, and the pursuit of happiness as unalienable rights. The Constitution lists certain rights, but they aren't unalienable. For instance, the second amendment grants one the right to bear arms, but someone who is convicted of a violent felony or who i ( Full Answer )

What is the difference between constitutional rights and civil rights?

Primary sources of civil rights law include the first tenamendments to the U.S. Constitution (the "Bill of Rights"), as wellas a number of important pieces of federal legislation passed inrecent decades. Constitutional rights are rights given or reservedto the people by the U.S. Constitution, and in ( Full Answer )

What is the difference between cilvil liberties and civil rights?

Civil liberties are rights protected by the constitution againstgovernment action, such as freedom of religion and freedom ofspeech. Civil rights are rights that protect against discriminationof another person do to race, sex, or sexual orientation.

Who created the Declaration of Independence and the constitution and the bill of rights?

The Declaration of Independence was written predominantly by Thomas Jefferson. although there were four other men on the committee: Benjamin Franklin, John Adams, Roger Sherman, and Robert Morris. Thomas Jefferson was NOT part of the Constitution committee; he was in France at the time. The attached ( Full Answer )

What are the two main Constitutional sources of your Civil Liberties?

The Constitution really grants us zero liberties or rights. It acknowledges that we are born with certain rights and that the Government is not supposed to limit or take away from those rights. The Constitution grants the Government certain limited rights over us to make a civil and useful societ ( Full Answer )

What civil liberty is protected by the bill of rights?

Freedom of thought, belief, expression, and assembly; protection against \nunreasonable searches and seizures; and provisions for a court hearing prior to \ngovernment taking of a person's life, liberty, or property.

What civil liberties and civil rights are specifically protected by the constitution?

These are stated in the Bill of Rights, the first 10 amendments. They include freedom of speech, religion and petition, the right to a militia (bear and hold arms) , conditions for quartering soldiers, right of search and seizure regulations (warrants and just cause), prosecution provisions (right t ( Full Answer )

How does the president suspend civil rights or liberties?

Executive orders have allowed presidents to suspend civil rights or liberties, such as when F.D.R. ordered the internment of Japanese Americans after the bombing of Pearl Harbor. Moreover, Abraham Lincoln was able to suspend habeus corpus in Maryland during the Civil War.

How did the declaration of independence effect the American Civil War?

When denying freedom to the slave Dred Scott in 1857, the Chief Justice, Roger Taney, declared that signatories of the Declaration would have classified slaves as property, and that their ownership by their masters was sacred and inviolable. This verdict was highly controversial, driving the two se ( Full Answer )

How are civil rights liberties useful?

civil liberties typically focus on freedom and due process outlined in the Bill of Rights where civil rights concern the equal status and treatment of individuals. .

When did civil liberties become a part of the Constitution?

The federal government is obliged by many constitutional provisions to respect the individual citizen's basic rights. Some civil liberties were specified in the original document, notably in the provisions guaranteeing the writ of habeas corpus and trial by jury in criminal cases (Article III, S ( Full Answer )

Where did the South declare there independence in the civil war?

At Montgomery, Alabama. On Feb. 4, 1861 a Convention of the delegates of the seven seceded States met there and decided to draw up a new Constitution. The document was presented to the assembly and approved on Feb. 7, 1861, giving birth to the Confederate States of America (CSA)

What is the main difference between civil rights and civil liberties?

There are many definitions given about this difference, and in manycountries, laws and comments the terms are used in different ways.Wikipedia for one mentions 'freedom of speech' at the same timeunder 'civil rights' and under 'civil liberties'. But you could saythat civil rights are general rules a ( Full Answer )