What is the difference between civil liberties and civil rights?
Civil liberties is when the state has a positive role in making sure citizens have equal protection and justice with equal opportunities regardless of race, color, sex. etc.
Civil rights are the rights you describe you are guranteed to have that are specified when the state authority interferes with the citizens liberties.
Where did the idea of civil liberties and civil rights come from?
Greece
People came to the new world for opportunities to have religious and political freedom. They fought for these against the British and are expressed in our 2 documents, Declaration of Independence, and the Constitution
What are the 3 most basic rights guranteed in Declaration of Independence and what do these means?
life, liberty, pursuit of hapiness
Guranteed to live in America, right to live as a free person in America, allowed to make a life for themselves, free of oppression, discrimination, etc.
Whose ideas influenced the ideas found in the Declaration of Independence?
Ancient Greek, European Enlightenment & Renassiance, particualry John Locke (political writer in 1600’s who put great emphasis on human rights and believed that if a government violates those human rights, people should rebel)
Who wrote the Declaration of Independence?
Continental Congress assigned a committee with Thomas Jefferson as the head
Who was John Locke?
Infuenctial political writer of 17th century who put great emphasis on human rights and believed when government violates those rights, people should rebel.
What book did John Locke write?
Two Treatises of Government 1690
How did Thomas Jefferson apply John Locke’s pricniples in the Declaration of Independence?
T.J. argued that King George III had violated the human rights of the colonists and therefore, the colonies should unite as its own country
How did Jefferson go further in his ideas written in the Declaration of Independence than the principles of John Locke?
Locke’s ideas were tied to the idea of property rights. Locke wrote that the 3 rights were life, liberty, and private property. Jefferson didn’t want rights to be connected to any one particular thing. He changed it to pursuit of happiness as a fundamental right, that the government has a duty to protect.
Why is the Declaration of Indepenence still important today?
Jefferson and Locke both stressed that the individuals human rights are to be protected and preserved by the government. THE CITIZENS COME FIRST, THE GOVERNMENT COMES SECOND. The government serves the PEPOPLE!
What was the purpose of the Declaration of Independence?
To declare to the King the reasons why the colonists were seeking their freedom from Great Britain as it was their right to do so.
What is the highest governmental authority in the US?
Constitution
What do we call changes to the Constitution?
Ammendments
Are ammendments easy to make to the Constitution?
No, Ammendment has to be written, and then ratified by 3/4 of the states
What is so extraordinary about the Constitution?
living document that changes as society changes and Ammendments can be added, but it took 13 scared states and formed a central government that still allowed states to have its own governments,
What were the 4 major conflicts in the Constitutional Convention in writing the Constitution?
- Related to Presidency (compromise was to give president broad powers, but limited amount of time in terms- 4 yr terms)
- Representation in Congress in large and small states (Great Compromise- 2 houses)
- Slavery (compromise was that fugitive slaves would be captured and returned. No law would be passed for 20 years that would stop the importation of slaves)
- **How to choose the president. Some of the delegates wanted direct election of the people. Some delegates thought Congress should choose the president. There was fear if the people chose that the people might not be well informed and might choose out of ignorance. Fear that if Congress chose, an elite group of people would be biast. COMPROMISE: ELECTORAL COLLEGE **
When was the NY Constitution adopted?
during the war in 1777 and included a statement of independence from Britain
Who wrote the NYS constitution 1777?
John Jay
When was today’s NY Constitution put into effect?
Today’s Constitution was adopted in 1821 and replaced the Constitution that John Jay drafted. It’s been changed a lot since then.
What are the 1st 10 Ammendments to the Consitution called and who wrote most of them?
BIll of Rights written by James Madison
What are the BIll of Rights?
- Freedom of Religion, speech, press, and peaceful assembly
- Right to bear arms (guns)
- Security from the quartering of troops of homes
- Have to have a search warrant to search house
- Right against self-incrimination (can’t testify against yourself)
- Right to trial by jury and legal council (court case)
- Right to jury trial for civil actions
- No cruel or unusual punishment
- these rights shall not deny other rights that people enjoy (Say fire, fire, cause panic)
- Powers not mentioned in the Constitution shall be retained by the states or the people
What is the Magna Carta?
Charter has been considered the basis of English Constitution and Liberties. Written in 1215 by a group of English barrons (rich people) and they forced in on King John. It was written because they wanted to limit the monarchy. It is considered the first modern document that worked towards limiting the power of the given state authority (king). The Magna Carta guranteed feudal rights, regulated the justice system, and abolish abuses of the King to tax and regulate trade. What the magna carta said is the King could not raise new taxes without consulting a council made up of nobles, barrons, and church people. At first, the magna carta was really protecting the rights of the upper classes. But gradually, these rights were given to other English people. The council eventually turned into Parilment.
What document changed the English monarchy from being a total authoritaran to having shared authoirty with a council (Parliment)?
Magna Carta
