The United States Constitution provides all citizens with certain civil liberties and rights. These rights are protected and in extraordinary circumstances can only be suspended during a national emergency that involves the overall security of the nation. The following civil liberties are the most important.
Every Citizen is Protected by the Writ of Habeas Corpus
Habeas Corpus is rooted in the English quest for constitutionalism. In 1628, the English Parliament presented King Charles I with the Petition of Right, a document that included the demand for Habeas Corpus. When the framers of the U.S. Constitution devised the American government, Habeas Corpus was a prominent feature. Many of these guarantees were inspired by the English Bill of Rights.
Habeas Corpus prohibits the arrest of persons without evidence of having committed a crime. The accused individual has a right to appear before a judge, to confront witnesses, and to mount a defense. Article 1, Section 9 of the Constitution allows for suspension of the Writ of Habeas Corpus but only in cases of “rebellion or invasion.”
President Abraham Lincoln suspended Habeas Corpus when the Civil War began in order to stifle war opposition in Maryland where rebel sympathies were strong. Maryland was vital to the Union cause, bordering Washington, DC and the site of a major railroad hub in Baltimore.
Suffrage or the Right to Vote
When the Constitution was first ratified, only white males owning land had the right to vote. Over time, the Fifteenth, Nineteenth, and Twenty-Sixth Amendments expanded suffrage to all citizens regardless of race or gender. Congressional laws like the Voting Rights Act of 1965 built upon Constitutional guarantees to prohibit discriminatory practices designed to restrict the voting power of minority groups.
Due Process Protects all Citizens Equally
All accused persons must be treated equally under the law. Closely connected to due process is the equal protection clause in Section 1 of the Fourteenth Amendment. This section reiterates due process and prohibits individual states from enacting laws that contradict Constitutional rights and civil liberties. Republican members of the 111th Congress are attempting to repeal the Fourteenth Amendment or alter Section 1. This could impact the equal protection clause in the future.
Freedom of Assembly and the Right to Petition Government
The First Amendment provides for the right of peaceful assembly. This includes the right to form political parties and even the right to organize lobbyist groups to influence government. Freedom of assembly is linked to freedom of speech. Since these guarantees were ratified, federal courts have more clearly defined what constitutes political or personal speech and how far freedom of assembly can be stretched.
Other Civil Liberties and Constitutional Rights
The Constitution provides for many other rights, most of which are enumerated in the Bill of Rights or the first Ten Amendments. These include but are not limited to:
- Immunity from Double Jeopardy
- The right to a speedy trial
- Fair compensation for government seizure of property
- Prohibitions against Bills of Attainder and ex post facto laws
- The separation of church and state
- The banning of excessive bail and cruel and unusual punishments
- The right to be represented by an attorney
- The right to bear arms
- The right to privacy
Civil Liberties are the Hallmark of American Democracy
Few nations can compare to the United States in terms of Constitutional and legislative statutes that guarantee individual rights and personal liberties. They represent the most cherished values associated with the Republic and must be regularly guarded.
Sources:
- Alfred H. Kelly and Winfred A. Harbison, The American Constitution: Its Origins & Development, 5th Edition (W. W. Norton & Company, 1976)
- United States Constitution
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