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CHAPTER FIVE Study Chapter Summary ·
Our civil liberties are individual freedoms
that place limitations on the power of government. Most of these rights are
spelled out in the text of the Constitution or in its first ten amendments, the
Bill of Rights, but some have developed over the years through judicial
decision making. ·
Sometimes rights conflict, and when they do,
government, guided by the Constitution and through the institutions of
Congress, the executive, and the actions of citizens themselves, is called upon
to resolve these conflicts. ·
According to the establishment and free
exercise clauses of the First Amendment, citizens of the United States have the
right not to be coerced to practice a religion in which they do not believe, as
well as the right not to be prevented from practicing the religion they
espouse. Because these rights can conflict, religious freedom has been a
battleground ever since the founding of the country. The courts have played a
significant role in navigating the stormy waters of religious expression since
the founding. ·
Freedom of expression, also provided for in
the First Amendment, is often considered the hallmark of our democratic
government. Freedom of expression produces information about government, limits
corruption, protects minorities, and helps maintain a vigorous defense of the
truth. But this right may at times conflict with the preservation of social
order and protection of civility, decency, and reputation. Again, it has been
left to the courts to balance freedom of expression with social and moral
order. ·
The right to bear arms, supported by the
Second Amendment, has also been hotly debated—more so in recent years than in
the past, as federal gun control legislation has been enacted only recently.
Most often the debate over gun laws is carried out in state legislatures. ·
The founders believed that to limit
government power, people needed to retain rights against government throughout
the process of being accused, tried, and punished for criminal activities. Thus
they devoted some of the text of the Constitution as well as the Bill of Rights
to a variety of procedural protections, including the right to a speedy and
public trial, protection from unreasonable search and seizure, and the right to
legal advice. ·
Though the right to privacy is not mentioned
in either the Constitution or the Bill of Rights—and did not even enter the
American legal system until the late 1800s—it has become a fiercely debated
right on a number of different levels, including reproductive rights, gay
rights, and the right to die. In the absence of constitutional protection, the
series of court cases on these matters determines how they are to be resolved.
Many of these issues are still on shaky ground, as the states create their own
legislation and the courts hand down new rulings. Learning Objectives After
reading this chapter, you should understand ·
the meaning of rights in a democratic
society ·
the Bill of Rights as part of the federal
Constitution, and its relationship to the states ·
freedom of religion in the United States ·
freedom of speech and of the press ·
the right to bear arms ·
the rights of people accused of crimes in
the United States ·
the right to privacy |
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