The Dynamic Relationship between Civil Liberties and Civil Rights

公民自由与公民权利的动态关系

This paper will consider the relationship between civil rights and civil liberties. And present an analysis, based on facts and ···

Introduction

This paper will consider the relationship between civil rights and civil liberties. And present an analysis, based on facts and figures of my own opinions regarding which of these has a greater significance in order for democracy to prevail. Many of the rights that are given to us in the constitution are actually related to one another. Having a strong impact on other related rights, and aren’t as isolated in nature as they are thought to be (Keery Abrams, Brandon Garrett, 2017).

These relationships are part of an ongoing, dynamic. And bi-directional process in which rights facilitate, complicate, and change each other’s substantive meanings (Timothy Zick, 2017). Now we will examine the relationship between the dynamic relationship between civil liberties as stated by the First Amendment’s Free Speech Clause. And the civil rights as mentioned in the Fourteenth Amendment’s Civil Rights Clause.

译文:介绍 美国民权

本文将考虑公民权利与公民自由之间的关系。 并根据我自己的观点的事实和数据提出分析,关于其中哪些对民主的盛行具有更大的意义。 宪法赋予我们的许多权利实际上是相互关联的。 对其他相关权利产生重大影响,并且本质上并不像人们认为的那样孤立(Keery Abrams、Brandon Garrett,2017 年)。

这些关系是持续、动态的一部分。 以及权利促进、复杂化和改变彼此实质性含义的双向过程(Timothy Zick,2017 年)。 现在我们将研究第一修正案的言论自由条款所述的公民自由之间的动态关系之间的关系。 以及第十四修正案的民权条款中提到的民权。


The Scope of Civil Liberties and Civil Rights

Civil rights are primarily concerned with the basic rights of equality. Based on certain characters that are protected by the constitution, which include, but are not limited to race, gender, and equality. These rights should be given to all in various settings, such as housing, employment, education. And other public facilities.

If any individual has been discriminated against on the basis of any of the aforementioned characteristics. Then it is considered to be a violation of the individual’s civil rights. Many of the civil rights laws are established. And overseen by the federal government via case law or federal legislation.

On the other hand, civil liberties are focused on the basic rights of freedom. These rights are either explicitly mentioned in the Bill of Rights. Or interpreted through one or more legislatures or courts. Some of the common civil liberties consist of freedom of speech, the right to marry, the right to vote, the right to privacy along with the right to protect one’s privacy, the right to remain silent in an interrogation, or to request for a court warrant for searching one’s premises, along with the right to a fair trial, etc.

译文:公民自由和公民权利的范围 美国民权

公民权利主要涉及平等的基本权利。基于受宪法保护的某些特征,包括但不限于种族、性别和平等。这些权利应该在各种环境中赋予所有人,例如住房、就业、教育。和其他公共设施。如果任何个人因上述任何特征而受到歧视。那么它被认为是对个人公民权利的侵犯。制定了许多民权法。并由联邦政府通过判例法或联邦立法进行监督。

另一方面,公民自由侧重于自由的基本权利。这些权利要么在权利法案中明确提及。或通过一个或多个立法机关或法院进行解释。一些共同的公民自由包括言论自由、结婚权、选举权、隐私权以及保护个人隐私的权利、在审讯中保持沉默或请求法庭的权利搜查自己住所的令状,以及获得公平审判的权利等。


These two laws differentiate between the two basic rights, i.e. the right to freedom

Whether it is in terms of expression, speech, livelihood, etc., and the protection of people against discrimination. These two rights have a dynamic relationship as both can at times be in conformity with one another. Whereas, at others the two can lead to problems, in terms of violation of these respective rights. For example, freedom of speech at times, can be used to commit hate crime. And bullying against people of color, a separate race, creed, religion, belief system etc.

In its recent marriage equality decision, Obergefell v. Hodges, the Supreme Court held that. The Fourteenth Amendment protects a right of marriage equality for gays and lesbians. The opinion’s opening lines observed that the Constitution protects “a liberty that includes certain specific rights that allow persons, within a lawful realm. To define and express their identity.” (Timothy Zick, 2017) Many arguments were presented to bring forward the issue of marriage equality. And yet these had never been adequately vetted in democratic discussions.

译文:这两项法律区分了两项基本权利,即自由权 美国民权

无论是在表达、言论、生活等方面,以及保护人们免受歧视。这两项权利具有动态关系,因为两者有时可以相互一致。而在其他情况下,两者可能会导致问题,即侵犯这些各自的权利。例如,言论自由有时可用于实施仇恨犯罪。欺凌有色人种、不同种族、信条、宗教、信仰体系等。

最高法院在最近的婚姻平等判决中,Obergefell v. Hodges 认为这一点。第十四修正案保护男女同性恋者的婚姻平等权。该意见的开篇指出,宪法保护“一种自由,其中包括允许人们在合法领域内享有的某些特定权利。定义和表达他们的身份。” (Timothy Zick, 2017) 许多人提出了婚姻平等问题。然而,这些从未在民主讨论中得到充分审查。


However

This this scenario it was observed that the free speech clause was considered to be implicated, as it had taken many years for people to come out in the open and express how they felt. Freedom of speech was a huge factor that determined the outcome of the case, and it also helped many of the people who were hiding how they felt to come out in the open, in short, this right was the game changer, which eventually led to an amendment in the constitution.

Marriage equality is one of the most recent examples of the transformative power of freedom of expression. This right has significantly affected the mindset of the population and helped shape it into the liberal and modernistic society that it is today. Freedom of speech and other rights that are related to it.

Such as the right to communicate anonymously and the right to associate with anyone the person wishes to – protected racial equality proponents from many types of governmental censorship, and abuse. Free speech rights have also allowed proponents fighting for equality to make their case public and point out the many ways in which these rights can be advanced. (Timothy Zick, 2017)

译文:然而 美国民权

在这种情况下,据观察,言论自由条款被认为是牵连的,因为人们花了很多年时间才公开表达他们的感受。言论自由是决定案件结果的重要因素,也帮助许多隐藏自己感受的人公开出来,总之,这项权利改变了游戏规则,最终导致宪法修正案。婚姻平等是表达自由变革力量的最新例子之一。这项权利极大地影响了人们的心态,并帮助他们塑造了今天的自由主义和现代主义社会。言论自由和其他与之相关的权利。

例如匿名交流的权利以及与该人希望与之交往的任何人交往的权利——保护种族平等支持者免受多种类型的政府审查和滥用。言论自由权还允许争取平等的支持者公开他们的案例,并指出可以推进这些权利的多种方式。 (蒂莫西·齐克,2017 年)


Freedom of Speech has had an immense impact on the advancement of equal protection rights.

The population stood up for each other, when realizing that there were many of those who has not been given what they truly deserved and that the society was trying to discriminate against those it was unwilling to accept. Freedom of speech has significantly help overcome language and perception barriers, and helped clear many of the misunderstandings that were prevailing in the country.

A simple way to understand the difference between civil rights and civil liberty is by asking two questions:

  1. What right is being affected?
  2. Whose right is being affected?

Considering these two questions is very important in determining which right is being effected, and whether or not civil rights can be practiced. Following is a simple example for understanding the difference. As an employee, a person does not have the right to a promotion legally, primarily because civil liberty does not guarantee getting promoted.

However, if as a female employee you are being denied a promotion while you deserve it then this is considered to be a violation of civil rights.  One cannot legally be denied the promotion based on gender, race, ethnicity, or disability. If an employer chooses or decides not to promote a female employee based on her gender, then this is an infringement of the employee’s civil rights. Such an action is considered to be an unlawful employment discrimination based on any of the reasons as mentioned previously.

译文:言论自由对促进平等保护权利产生了巨大影响 美国民权

当人们意识到有很多人没有得到他们真正应得的东西,而且社会正试图歧视那些不愿接受的人时,人们互相支持。

理解公民权利和公民自由之间区别的一种简单方法是提出两个问题:

什么权利受到影响?
谁的权利受到影响?

考虑这两个问题对于确定哪些权利受到影响以及是否可以行使公民权利非常重要。以下是理解差异的简单示例。作为雇员,一个人在法律上没有晋升的权利,主要是因为公民自由并不能保证得到晋升。

但是,如果作为一名女性雇员,您在应得的情况下被拒绝晋升,那么这将被视为侵犯公民权利。不能根据性别、种族、民族或残疾在法律上拒绝晋升。如果用人单位基于性别选择或决定不提拔女性员工,则构成对员工公民权利的侵犯。此类行为被视为基于上述任何原因的非法就业歧视。


Freedom of Speech or Protection of Ethnic, Racial, & Religious Communities

Protection of civil liberties and civil rights is perhaps the most fundamental political value in American society. “It is a fair summary of constitutional history that. The landmarks of our liberties have often been forged in cases involving not very nice people.” -Supreme Court Justice Felix Frankfurter (American Government, US History).

While both words, i.e. civil liberty, and civil rights appear in the Bill of Rights, as well as the Declaration of Independence, there isn’t a clear distinction between the two terms. Over the years, this distinction have significantly blurred, and at times the two end up violating the specific rights as laid out in the constitution. While the civil rights, protect the rights of a person from being discriminated against, the civil liberties awarded to the people may at times be misused.

For example freedom of speech or expression may be used to exploit people and infringe their civil rights by discriminating against them. Since, civil liberty give them the right to freedom of expression, the line automatically blurs where the civil rights come in and protect the rights of an individual, so that they are able to lead a normal life in the society.

译文:言论自由或保护民族、种族和宗教社区 美国民权

保护公民自由和公民权利也许是美国社会最基本的政治价值。 “这是对宪法历史的公平总结。我们自由的里程碑往往是在涉及不太友善的人的案件中伪造的。” – 最高法院法官 Felix Frankfurter(美国政府,美国历史)。

虽然这两个词,即公民自由和公民权利都出现在权利法案和独立宣言中,但这两个术语之间没有明确的区别。多年来,这种区别已经明显模糊,有时两者最终违反了宪法规定的特定权利。虽然公民权利保护一个人的权利不受歧视,但授予人民的公民自由有时可能会被滥用。

例如,言论或表达自由可能被用来剥削人们并通过歧视他们侵犯他们的公民权利。既然公民自由赋予了他们表达自由的权利,那么界限自动模糊了公民权利的来源并保护了个人的权利,以便他们能够在社会中过上正常的生活。


美国民权
美国民权

In today’s era, these two concepts are at times used interchangeably.

Civil liberties are protections against actions taken by the government. For example, the First Amendment of the Bill of Rights guarantees and ensures that the citizens have the right to practice whatever religion they please. In such scenarios and cases the government, does not have the right to interfere in an individual’s freedom of following the religion of his or her choice, or enforce who they choose to worship. Amendment I gives an individual “liberty” and safety from the actions of the government. (American Government, US History)

Civil rights, on the other hand, refer to those positive actions which the government should take to ensure equal conditions and opportunities are presented to all Americans. This means, the right to employment, the right to getting promoted, the right to a good home and lifestyle, as well as the right to a good education are protected through the civil rights law. It is often associated with the protection of minority groups, which include, and is not restricted to Hispanics, African Americans, Asians, and women.

译文:在当今时代,这两个概念有时可以互换使用 美国民权

公民自由是对政府采取的行动的保护。例如,《权利法案》第一修正案保证并确保公民有权信奉他们喜欢的任何宗教。在这种情况和情况下,政府无权干涉个人信奉他或她选择的宗教的自由,或强制执行他们选择崇拜的人。修正案 I 赋予个人不受政府行为影响的“自由”和安全。 (美国政府,美国历史)

另一方面,民权是指政府应采取的积极行动,以确保为所有美国人提供平等的条件和机会。这意味着,就业权、升职权、良好家庭和生活方式的权利以及接受良好教育的权利都受到民权法的保护。它通常与保护少数群体有关,其中包括但不限于西班牙裔、非裔美国人、亚洲人和妇女。


Both of these are very important in a democratic society

And it is necessary for the two to be in conformity with the other in order to ensure that peace prevails in a society. However, as can be seen from the political situation in America, with president Trump giving hate speech every now and then and passing legislations that are at times not in favor of the civil rights as well as civil liberties of the citizens, it becomes even more important to consider which rights should be considered primary and necessary for survival.

In my opinion, it is very important to consider the importance of the two. While I do agree that civil liberties allows and protect your rights to freedom of speech, expression, and livelihood. It also at times is the primary reason for the abuse of power. In this regard, it would be better if the civil rights of an individual is given precedence over the civil liberties.

If basic needs are not satisfied, it will lead to frustration, and eventually the level of crime in America will rise. However, on the other hand, if equal opportunities are provided to the citizens. Then they will be able to work their way to the top, and ensure that their livelihood is protected while at the same time providing the necessary amenities to their families. In my opinion, America needs this more than civil liberties right now. Though I will not say that both aren’t equally important.


为了确保社会中的和平,两者必须相互协调。然而,从美国的政局可以看出,随着特朗普总统时不时发表仇恨言论,并通过有时不利于公民权利和公民自由的立法,它变得更加重要的是要考虑哪些权利应该被视为生存的首要和必要权利。

在我看来,考虑两者的重要性是非常重要的。虽然我确实同意公民自由允许并保护您的言论、表达和生计自由的权利。这有时也是滥用权力的主要原因。在这方面,个人的公民权利优先于公民自由会更好。

如果基本需求得不到满足,就会导致沮丧,最终美国的犯罪水平会上升。但是,另一方面,如果为公民提供平等的机会。然后,他们将能够努力达到顶峰,并确保他们的生计得到保护,同时为家人提供必要的便利设施。在我看来,美国现在需要的不仅仅是公民自由。虽然我不会说两者并不同等重要。


In my opinion

Both rights are equally important, and they need to be practiced as well. However, misuse of one may lead to inequality, therefore, these need to be practiced in moderation. While at the same time ensuring that the government is offering the services and facilities. Needed to protect the civil rights of its citizens.

Most Americans think of civil rights and liberties as principles that protect freedoms all the time. However, the truth is that rights listed in the Constitution. And the Bill of Rights are usually competing rights (American Government, US History). We need to make sure that instead of competing rights, the two rights complement each other.

Civil liberties need to be monitored, and it needs to be ensured that they are not misused and lead up to bullying or racial/ ethnic discrimination. These days it can be seen that the two rights are in violation with one another. And in my opinion, civil rights should be given priority over the civil liberties, as they ensure a better livelihood. And future for America as compared to the rights mentioned in civil liberties.

译文:在我看来 美国民权

这两项权利同等重要,也需要加以实践。然而,滥用一个可能会导致不平等,因此,这些需要适度地实践。同时确保政府提供服务和设施。需要保护其公民的公民权利。大多数美国人将公民权利和自由视为始终保护自由的原则。然而,事实是宪法中列出的权利。权利法案通常是相互竞争的权利(美国政府,美国历史)。我们需要确保这两种权利相辅相成,而不是相互竞争的权利。

公民自由需要受到监控,并需要确保它们不会被滥用并导致欺凌或种族/民族歧视。这几天可以看出,这两种权利是相互侵犯的。在我看来,公民权利应该优先于公民自由,因为它们可以确保更好的生活。与公民自由中提到的权利相比,美国的未来。


An overwhelming majority of court decisions

based on which the American civil liberties are defined, are in actuality derived from the Bill of Rights. The initial ten amendments of the same bill were added to the Constitution in year 1791. As can be seen from the aforementioned examples, civil liberties and civil rights are at times in competition with the other. Which may at times violate one of the two rights as laid out in the constitution.

On the other hand, understanding how and when each right should be practiced is equally important for any individual residing in America. I believe that it should be up to the individual whether they consider one right to be more important or superior to the other. Or whether they support both rights, and give them equal weightage.

On the other hand, seeing the situation of the country. I still feel strongly that civil rights should be given priority over civil liberty. While liberty is definitely important.  It is also important to know which rights need to be protected more than any of the rights as laid out under the civil liberty rights.

译文:绝大多数法院判决 美国民权

美国公民自由的定义所依据的,实际上是从权利法案中衍生出来的。 1791 年,同一法案的最初十项修正案被添加到宪法中。从上述例子可以看出,公民自由和公民权利有时是相互竞争的。这有时可能违反宪法规定的两项权利之一。

另一方面,了解如何以及何时行使每一项权利对于居住在美国的任何个人都同样重要。我认为,他们是否认为一项权利比另一项更重要或更高,这应该取决于个人。或者他们是否支持这两项权利,并给予他们同等的权重。

另一方面,看国家的情况。我仍然强烈认为公民权利应该优先于公民自由。虽然自由绝对重要。了解哪些权利比公民自由权利规定的任何权利更需要保护也很重要。


Conclusion

To conclude I would like to re-state that civil rights protect the right to receive opportunities by the citizens of a country.  Whereas, civil liberties take this right a step further by offering the right to freedom. And in turn many rights are exercised using the notion of civil liberties. It needs to be understood that while these two concepts used to be different. They have now become quite similar and at times are even used interchangeably.

In this assignment, we were supposed to present our own analysis of the civil rights and civil liberties. And based on that give the opinion which one is better and which one do we support. Based on the many examples that have been quoted above. I have stated out clearly that in my opinion the better option is to focus on the civil rights at this stage. Before we focus on civil liberties.

After President Trump took office.  It was made quite clear that there will be many changes. And in my opinion our civil rights are being affected far more than the rights as laid out under civil liberties.

Additionally, many bills were signed which makes it difficult for people of different ethnicities and races to survive in America. Let alone call it their home. Many people were actually asked to leave. We call United States of America. The land of the people, and yet the leader we have elected is actually purporting discrimination. And abusing the power that he has been awarded by the people of this nation.

译文:结论 美国民权

最后,我想重申一下,公民权利保护一国公民获得机会的权利。而公民自由通过提供自由权使这一权利更进一步。反过来,许多权利是使用公民自由的概念来行使的。需要理解的是,虽然这两个概念曾经是不同的。它们现在变得非常相似,有时甚至可以互换使用。

在这项任务中,我们应该展示我们自己对公民权利和公民自由的分析。并在此基础上给出意见,哪一个更好,我们支持哪一个。基于上面引用的许多例子。我已经明确表示,在我看来,现阶段关注公民权利是更好的选择。在我们关注公民自由之前。

特朗普总统上任后,很明显会有很多变化。在我看来,我们的公民权利受到的影响远远超过公民自由规定的权利。此外,许多法案的签署使不同种族和种族的人难以在美国生存。更不用说称它为他们的家了。许多人实际上被要求离开。我们称美利坚合众国。人民的土地,然而我们选举的领导人实际上是在声称歧视。滥用这个国家人民授予他的权力。


Therefore, in light of recent events

I am of the opinion that it would be wiser to practice. And protect our civil rights first before we begin focusing on civil liberties. Yes, civil liberties are equally important.  But, right now, it is more important to ensure that hate crime does not increase due to discrimination. Additionally, it is also important to support that people. Who gave genuinely worked hard to make America a better place to live.

It doesn’t matter which race, gender, or minority they belong to. What matters is their desire to grow and in turn help the country prosper. This is what I believe will help the country in overcoming the problems it is currently shrouded in.  And eventually make this world a better place for the next generation.

译文:因此,鉴于最近的事件 美国民权

我认为练习会更明智。 在我们开始关注公民自由之前,首先保护我们的公民权利。 是的,公民自由同样重要。 但是,现在更重要的是确保仇恨犯罪不会因歧视而增加。 此外,支持这些人也很重要。 谁付出了真正的努力,使美国成为一个更宜居的地方。

他们属于哪个种族、性别或少数民族并不重要。 重要的是他们渴望成长,进而帮助国家繁荣。 我相信这将有助于该国克服目前所面临的问题。并最终让这个世界成为下一代更美好的地方。


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http://web.worldbank.org/archive/website00818/WEB/PDF/PRITCH-4.PDF

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