Civil liberties are rights and freedoms that a person is entitled to and cannot be denied by the government without a due process. The United States Constitution provides for a number of liberties for its people. They are contained in the bill of rights of the United States of America of 1791. The Congress and the Supreme Court have been at the center of establishment and implementation of the bill of rights.
Before its ratification, the bill of rights was a very contentious issue between the federalists and the anti-federalists. The anti-federalists pushed for the bill of rights to be included in the constitution citing a possible oppression by the government if its powers are not checked by the constitution. They wanted it to be included in the constitution so as individual liberties are protected and the governmental powers towards the liberties are limited. Otherwise, it would give room for the government to abuse the rights of the citizens.
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Some of the civil liberties that we addressed in the Bill of Rights of the United States of America (1791) include the freedoms of worship, speech, press, and assembly. It states, “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” (“Bill of Rights of the United States of America (1791),” n.d).
The United States Supreme Court significantly helped advance the civil liberties based on the Bill of Right. Some of the liberties that have been advanced by the Supreme Court include same-sex marriage and rights and freedoms of African Americans. These are liberties that have come about because of the Fourteenth Amendment to the United States Constitution (“14th Amendment,” n.d). The Fourteenth Amendment was adopted in 1868 in a bid to protect African Americans from oppression and exclusion from participating in matters of national importance such as voting. The Supreme Court has gone on to expand the liberties by making decisions that govern the US citizens today. Some of the decisions include Engel v. Vitale (1962) in which the court ruled that composing school prayers was unconstitutional as it violates the freedom of worship. In Texas v. Johnson (1989), the Supreme Court ruled that Johnson should not be convicted for burning a US flag during a demonstration stating that it would violate freedom of speech. Finally, in Roe v. Wade (1973), the Supreme Court decided that a woman has a right to abort as provided for by the due process of the 14th Amendment.
Pros and Cons of Expanding Government Surveillance
There are a number of pros from the government’s expansion of surveillance. It helps the government and state officials to identify potential threats and prevent destruction and loss of life. However, such surveillance can abridge personal liberties and privacy as provided for by the Bill of Rights and the 14th Amendment to the Constitution. Civil liberties should not be decreased in the name of national security as it might end up giving state agencies excessive powers resulting in abuse of rights and freedoms of people.
Corporation Speech
The free speech clause does not grant corporations the right to unlimited campaign contributions to politicians. A ban on spending is not a ban of speech and does not violate the constitution. Corporations are not people but a creation by the government. They are therefore an extension of the government and do not represent the interests of the people, religions, or the press. However, limiting them may also have an effect on the overall freedoms as they may have a significant influence on citizens and their rights.
References
Bill of Rights of the United States of America (1791). (n.d). Retrieved July 7, 2017 from: https://www.billofrightsinstitute.org/founding-documents/bill-of-rights/
14th Amendment. (n.d). Retrieved July 7, 2017 from: https://www.law.cornell.edu/constitution/amendmentxiv
