Civil Rights & Liberties: Crash Course Government & Politics #23

Summary

In this episode of Crash Course Government and Politics, Craig explains the nuances between civil rights and civil liberties, emphasizing that while often used interchangeably, they have distinct meanings. Civil liberties are limits on government power to protect personal freedom, whereas civil rights ensure equal citizenship and protect against majority discrimination. The video delves into the historical context of these concepts, the role of the Bill of Rights, and how the 14th Amendment, through selective incorporation, extended many of these liberties to limit state powers, thus safeguarding individual freedoms against both federal and state governments.

Takeaways

• 📚 Civil liberties are limitations on government power to protect personal freedom, while civil rights are protections against majority decisions that discriminate against minorities.
• 🏛️ Substantive liberties are restrictions on what the government can do, such as the First Amendment's prohibition on establishing a state religion.
• 🚫 Procedural liberties are restrictions on how the government can act, like the presumption of innocence until proven guilty in criminal cases.
• 📜 The Bill of Rights, comprising the first 10 amendments, outlines civil liberties but was initially only applicable to the federal government, not the states.
• 🏛️ The Supreme Court initially did not apply the Bill of Rights to the states, as seen in the Barron vs. Baltimore case, leaving state citizens without protection from state infringements.
• 🔗 The 14th Amendment, particularly its Equal Protection Clause, changed the landscape by requiring states to provide due process and equal protection under the law, thus extending civil liberties protection.
• 🏛️ Selective incorporation is the Supreme Court's method of applying Bill of Rights protections to the states on a case-by-case basis, rather than all at once.
• 📚 Landmark cases like Gitlow vs. New York and Mapp vs. Ohio exemplify how the Supreme Court has incrementally incorporated liberties against state actions.
• 🌐 The process of selective incorporation has resulted in almost all civil liberties from the Bill of Rights being protected against state infringement.
• 👥 Protecting civil liberties is an ongoing process that requires vigilant citizens and a government that respects the rights and civil rights of all individuals.

Q & A

What is the difference between civil rights and civil liberties as discussed in the script?

Civil liberties are limitations placed on the government to protect personal freedom, while civil rights are curbs on the power of majorities to ensure equal citizenship and protect citizens from discrimination.

Why do lawyers and political scientists distinguish between civil rights and civil liberties?

Although the terms are often used interchangeably, lawyers and political scientists draw a distinction to clarify that civil liberties are about government limitations, and civil rights are about ensuring equality and protection from majority discrimination.

What is an example given in the script to illustrate the difference between a civil liberty and a civil right?

Same-sex marriage is used as an example. While it could be seen as a liberty, it is framed as a civil right issue because it involves a minority being denied equal treatment under the law by the majority.

What are substantive and procedural liberties as mentioned in the script?

Substantive liberties are limits on what the government can do, such as the First Amendment's restriction on Congress making laws respecting an establishment of religion. Procedural liberties are limits on how the government can act, like the presumption of innocence until proven guilty in criminal cases.

What is the significance of the 14th Amendment in relation to civil liberties?

The 14th Amendment is crucial as it extends the protection of civil liberties and rights to the state level, ensuring that states cannot deny citizens equal protection, civil rights, or due process.

What is 'selective incorporation' as discussed in the script?

Selective incorporation is the Supreme Court's approach to applying the Bill of Rights to the states on a case-by-case basis, rather than automatically applying all rights and liberties to the states.

How did the Supreme Court initially handle the issue of the Bill of Rights applying to the states?

In the case of Barron vs. Baltimore, the Supreme Court initially ruled that the Bill of Rights applied only to the federal government, not to the states, leaving citizens unprotected from state infringements on their liberties.

What is the role of the Supreme Court in protecting civil liberties according to the script?

The Supreme Court plays a critical role in protecting civil liberties by interpreting the Constitution and incorporating rights from the Bill of Rights against the states through selective incorporation, ensuring that states do not violate these liberties.

Why were civil liberties initially not protected from state infringements?

Initially, civil liberties were not protected from state infringements because the Bill of Rights was understood to apply only to the federal government, and it was believed that states would act as the main protectors of rights.

What is the significance of the 9th Amendment in the context of civil liberties?

The 9th Amendment serves as a reminder that the list of liberties and rights in the Constitution is not exhaustive, implying that there may be other rights beyond those explicitly listed.