Civil Liberties

Basic freedoms guaranteed by the U.S. Constitution that have, on occasion, been abridged by the government in times of war or national crisis. An emphasis on civil liberties for the individual is ingrained in the U.S. national identity. Active measures to ensure and preserve those liberties are woven into American history, dating back to the first days of the nation. The new nation was founded by individuals seeking new economic opportunities and, more important, religious freedom and independence from harsh rulers who infringed on the rights of the individual.

Although the settlers had varying ideas about the degree of influence that government and religion should have on its constituents and each other, there was universal agreement that the new state should be based on respect for civil liberties to an extent that had not been recognized in their homelands. This broad consensus allowed for the very deliberate inclusion in the nation's founding documents of guarantees that individual rights would always be prioritized when it came to the way the new nation was run, despite the divergent opinions held by the various states on many other fundamental matters. In the two centuries to come, these principles would be tested and revisited often, particularly during times of concern about national security. The perfect balance between civil liberties and national security is an elusive goal, particularly given the subjectivity inherent in gauging threats to national security.

The Bill of Rights

The signing and ratification of the Constitution represented a victory for the new nation's federalists. The federalists initiated and fueled the movement for a new document that would establish a robust central government to unite and strengthen the new nation. They by no means enjoyed a strong majority and were not confident, until the final moments before signatures were laid down, that the Constitution would be accepted by state legislators.

Antifederalists were opposed to the document on several fronts. The newly strengthened central government's ability to tax relatively heavily was reminiscent of the British monarchy's ruling practices, some claimed. Others predicted that a strong federal government would be prone to the same civil rights abuses that had been perpetrated by the rulers they had left behind. They were concerned that the Constitution left the federal government relatively unchecked and made no specific provisions for the protection of the individual.

After its ratification, both federalists and antifederalists called for an addendum to the Constitution that would list the specific and immutable rights to which individuals were entitled. The Bill of Rights was the result. Its 10 amendments listed rights granted to individuals that could not be infringed upon by the government. These rights constitute the foundation of Americans' understanding of civil liberties, to which they are entitled as citizens.

The First, Fourth, and Fifth Amendments are perhaps the most familiar. The First Amendment ensures freedom of religion, speech, and the press and the right to assemble and to hold the government responsible for its actions. The Fourth Amendment protects the public from unreasonable search and seizure. The Fifth Amendment ensures due process for individuals charged with a crime and guarantees that no individual will be forced to testify against himself or herself in a criminal case.

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