The Basic Civil Rights

1. The Basic Civil Rights • What are the basic civil rights guaranteed in the Bill of Rights of the Constitution of the United States?

2. The Bill of Rights guarantees: • Freedom of Person • Freedom of Movement • Freedom of Conscience • Freedom of Expression and Communication • Right to Equality • Right to Property • Right to Justice

3. Freedom of Person • Freedom of person is the opposite of slavery - of being the property of and subject to the mastery of another. It is the right of the individual to his own life and control over it.

4. Freedom of Movement • There is no explicit guarantee of freedom of movement, but the right to change one’s residence and travel is held “basic to our scheme of values” (Kent v Dulles 1958). Freedom of movement within the US is well established, but the foreign affairs power has been used to prohibit Americans from traveling to certain countries. Congress also regulates immigration.

5. Freedom of Conscience • Liberty of conscience guarantees to the individual freedom of belief in all areas of thought – political, social, moral, and scientific as well as religious. He is to be free of any person or government imposing its beliefs upon him or punishing him for his beliefs. Conscience and belief are private to the individual and not subject to the same regulation as expression and action.

6. Freedom of Expression • The Constitution guarantees to all persons and associations the right to freely express their views and to hear those of others in the open marketplace of ideas, subject to limitation to protect the rights of others and public order. • Freedom of expression includes: free speech and press, peaceable assembly, and to petition the government for redress or grievance.

7. Right to Equality • The right to equality as guaranteed by the Constitution insures to each person equal protection of the law, equal treatment by government, and equal access to the opportunities of society. It does not require that all men are or must be made equal in all respects – talent, character, ambition or condition. But it does insist that they be equal before the law and in their rights.

8. Right to Property • The right to property is that to acquire freely, own, use and dispose of property without interference by private persons or government. The Constitution forbids any state to make anything but gold or silver legal tender or to enact any law impairing the obligation of contracts, or the National or state governments to deny anyone his property without due process of law.

9. Right to Justice • The right to justice as guaranteed by the Constitution promises to each person equal, free, fair and impartial treatment in the adjudication of his rights, or of his innocence or guilt when accused of a crime. It must be a system of law, available to all, “which hears before it condemns; which proceeds upon inquiry, and which renders judgment only after trial” (Daniel Webster).