“The U.S. Constitution guarantees American numerous liberties and rights” (Janda, Berry, & Goldman, 2012, p. 420). The Bill of Rights is the core in protecting civil liberties and rights in which freedom and equality are reflected upon; it is indispensable for a democratic government to guarantee its people civil liberties and rights. Although the terms are mutual, they each have significance to the U.S. government and which it creates a dilemma with the people and the government; civil liberties: To Pledge or Not to Pledge? civil rights: Segregation
Civil liberties are constitutional guarantees from government interference, which sometimes can be attributed as negative rights (Janda. 2012 p.421). For example the First Amendment is a negative right because the First amendment declares “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” (Janda. 2012 p.A-11). Throughout the U.S. history there has been important court cases that separate “create a line” between the church and the government. Furthermore the establishment of clause and the free-exercise clause go hand in hand with the separation of church and government. For example the court case West Virginia Board of Education v. Barnette is interpret as the establishment clause, in which Supreme Court ruled 6-3 in favor of “students with religious objection to refuse to recite the pledge or salute the flag” (Janda. 2012 p.421). The court ruling is a demonstration of how the student’s civil liberties were put to test and the Supreme Court upheld their civil liberties as Americans. Freedom of speech is something that Americans value more than anything, whether it is either direct (words) or symbolic (actions). In 1969 the court case of Brandenburg v. Ohio the court’s decision in which “Clarence Brandenburg, leader of the Ohio u Klux Klan” was on trial for advocating racial strife at a Klan rally, then “the court reversed Brandenburg’s conviction because the government had failed to prove threat the danger was real” (Janda. 2012 p.432). This ruling in favor of Brandenburg resembled the government stress on freedom rather than order. As I am …show more content…
2012 p.421). Examples of civil rights are Voting Rights Act (VRA), Civil Rights Act (CRA), and Equal Rights Act (ERA) are three laws that reflect the American’s civil rights. The civil rights face many tribulations and struggles, whether is segregation, racial equality, immigrant groups, Americans with disabilities, and gay Americans which put to test the civil rights. For example, the famous case of Plessy v. Ferguson in 1896 which is better known as the “separate-but-equal doctrine” (Janda. 2012 p.461). The ruling upheld the equal protection clause of fourteen amendment for blacks and whites in separation of facilities but along they were “equal but separate” (Janda. 2012 p.461). In1990, 43 million Americans with disabilities triumph with the enactment of the Americans with Disabilities Act (ADA) (Janda. 2012 p.463). The main problem of ADA is “What is the meaning of disability?” because many people take advantage of the ADA. In 2008, congress took a notch up to protect the people that really require the help of this act and passed a revision to the
Civil liberties are constitutional guarantees from government interference, which sometimes can be attributed as negative rights (Janda. 2012 p.421). For example the First Amendment is a negative right because the First amendment declares “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” (Janda. 2012 p.A-11). Throughout the U.S. history there has been important court cases that separate “create a line” between the church and the government. Furthermore the establishment of clause and the free-exercise clause go hand in hand with the separation of church and government. For example the court case West Virginia Board of Education v. Barnette is interpret as the establishment clause, in which Supreme Court ruled 6-3 in favor of “students with religious objection to refuse to recite the pledge or salute the flag” (Janda. 2012 p.421). The court ruling is a demonstration of how the student’s civil liberties were put to test and the Supreme Court upheld their civil liberties as Americans. Freedom of speech is something that Americans value more than anything, whether it is either direct (words) or symbolic (actions). In 1969 the court case of Brandenburg v. Ohio the court’s decision in which “Clarence Brandenburg, leader of the Ohio u Klux Klan” was on trial for advocating racial strife at a Klan rally, then “the court reversed Brandenburg’s conviction because the government had failed to prove threat the danger was real” (Janda. 2012 p.432). This ruling in favor of Brandenburg resembled the government stress on freedom rather than order. As I am …show more content…
2012 p.421). Examples of civil rights are Voting Rights Act (VRA), Civil Rights Act (CRA), and Equal Rights Act (ERA) are three laws that reflect the American’s civil rights. The civil rights face many tribulations and struggles, whether is segregation, racial equality, immigrant groups, Americans with disabilities, and gay Americans which put to test the civil rights. For example, the famous case of Plessy v. Ferguson in 1896 which is better known as the “separate-but-equal doctrine” (Janda. 2012 p.461). The ruling upheld the equal protection clause of fourteen amendment for blacks and whites in separation of facilities but along they were “equal but separate” (Janda. 2012 p.461). In1990, 43 million Americans with disabilities triumph with the enactment of the Americans with Disabilities Act (ADA) (Janda. 2012 p.463). The main problem of ADA is “What is the meaning of disability?” because many people take advantage of the ADA. In 2008, congress took a notch up to protect the people that really require the help of this act and passed a revision to the