Week 2Submit your responses to the appropriate topic in this Discussion Area. Start reviewing and responding to your classmates as early in the week as possible. Be sure to be honest, clear, and conci

POL2076 American Government Week2 Lecture Notes

Civil Liberties and Civil Rights

What exactly is the difference between civil liberties and civil rights?

Civil liberties are the protection of the individual's freedoms from infringement by the government. These include things like freedom of speech, the right to bear arms, freedom of religion, and a free press.

Civil Rights are the protection by the government of the individual's freedoms from infringement by others. These include things like equal treatment in education and the workplace. A good example is the Civil Rights Act of 1964.

Why is this distinction important?

The Bill of Rights (the 1st 10 amendments to the Constitution) is an enumerated list of rights, championed by the anti-Federalists, to keep the government from limiting the freedom(s) of US citizens. Although the Constitution cannot be changed other than by amending it, the Bill of Rights is being interpreted and subsequently altered in practice daily.

For example, our freedom of speech is not absolute and, therefore, we cannot say whatever we want whenever we want. Whether it is yelling "fire" in a crowded movie theatre, speaking out against the government during wartime, or using foul language during prime time, our government limits our freedom of speech. It does not matter whether the government's intent is noble or not; in theory, the Constitution guards against the government’s regulation of our daily lives and personal choices.

Watchdog groups such as the American Civil Liberties Union (ACLU) and individuals such as Larry Flint of Hustler magazine or Howard Stern, radio shock jock, are constantly battling to keep the government from stepping into limit "freedoms" associated with the Bill of Rights. It does not matter whether we as individuals like the message; the Bill of Rights allows everyone equal access to those freedoms. Just because the Neo-Nazis in Northern Idaho want to march through downtown Spokane, or the local truck stop carries pornography, or the Cincinnati Museum of Art has a show featuring works that express political dissent, we are not required to agree with the message or participate. American political culture is predicated upon the theory that individuals should have the right to choose and that government should not have the power to determine what is appropriate social, political or economic behavior.

We as Americans have a unique democratic system that allows us access to a diverse range of belief systems and social practices. Democracy, in theory, gives each individual the right to make the choices that suit each citizen’s interest and conception of the good life.

Federalism

Federalism is the separation and distribution of power and decision making between the national and state governments, whereby each entity has the ability to create public policy that directly impacts its citizens. Additionally, both entities have shared powers, such as passing laws and taxation. It is important to consider however, that the idea of federalism is not very neat and tidy.

Our text differentiates between three approaches to building governance structures: (1) a federal system, (2) a confederation, and (3) a unitary system. Each type has its strengths and weaknesses.

In a federal system, the relationship between national and state government has ranged from cooperative to confrontational. The so-called shared responsibilities have created a difficult relationship between the national government and the states. Regulating firearms is an example. As if this is not difficult enough, both entities ultimately gain their power from the consent of the people.

When the federal government provides or withholds funding to states to control policy in an area in which it has no jurisdiction, we call this fiscal federalism or coercive federalism. Fiscal federalism is an example of how the federal government shapes public policy through its control over the allocation of resources. This is consistent with a very common definition of politics, “deciding who gets, what, when and how”.

This same difficult relationship can be seen in other areas, such as social welfare and education. Our Constitution clearly states that the federal (or national) government has supremacy over the states when policy conflicts. However, this does not mean that the national government has jurisdiction in every area. Fiscal or coercive federalism—the national government’s use of money to persuade states to follow a specific policy—is a tactic used to direct policies in areas of state control that have national implications.

Civil Rights Act of 1964

Before the passage of the Civil Rights Act of 1964, segregation existed in much of America with those of African-American descent having separate facilities for everything from drinking fountains and restrooms, to schools, lunch counters, hotels, entrances, and the like. This thinking also extended into the workplace. Some jobs were not available to some as the stereotype based on one’s skin color or gender dictated the jobs available. The Civil Rights Act of 1964 outlawed discrimination based on race, color, religion, sex, or national origin. The law ended unequal applications of voter registration requirements and racial segregation in schools, the workplace and public accommodations. The idea was put forth by President Kennedy in a speech on Civil Rights on June 11, 1963 and was implemented in federal government contracts. Legislation to correct these inequities was introduced and signed into law on July 2, 1964. This legislation guaranteed all citizens equal protection of the law under the 14th Amendment and protected voting rights under the 15th Amendment. This legislation codified the vision of the founding fathers where all American citizens were equal under the law and entitled to civil rights backed by the full authority and force of the Federal Government. While the initial powers to enforce this legislation were weak, over time these powers have been supplemented and increased to the point where this legislation is the significant force in protecting our civil rights today with its protective umbrella expanding to other forms of discrimination as society continues to evolve.