Civil Liberties & Civil Rights

What's the difference?

• Civil liberties protect people from improper government action (e.g., free speech, privacy, protection from unreasonable searches).
• Civil rights focus on equal treatment and protection from discrimination based on characteristics like race, sex, religion, or national origin.

The Bill of Rights

The first ten amendments to the U.S. Constitution list basic protections — speech, religion, due process, protection from unreasonable searches, and more.

Selective incorporation

Originally, the Bill of Rights limited only the federal government. Through the Fourteenth Amendment, the Supreme Court has "incorporated" most of these rights so they also apply to state and local governments.

Due process

• Procedural due process: Fair procedures before the government takes away life, liberty, or property (notice and a chance to be heard).
• Substantive due process: Some rights are so fundamental that the government can't take them away without a very strong justification.

Equal protection and levels of scrutiny

When the government treats groups differently, courts use one of three tests:

• Rational basis review: The law must be rationally related to a legitimate government interest. Most economic and social laws pass.
• Intermediate scrutiny: Used for sex-based classifications. The law must be substantially related to an important interest.
• Strict scrutiny: Used for race, national origin, and fundamental rights. The law must be narrowly tailored to serve a compelling interest — and usually fails.

Freedom of religion

• Establishment Clause: The government can't set up or favor a religion.
• Free Exercise Clause: People can practice their religion, subject to neutral laws of general applicability.

Right to privacy

Not written explicitly in the Constitution, but the Supreme Court has recognized a right to privacy in decisions about contraception, marriage, and family life, drawing from several amendments.