Essay Example on Civil Liberties vs Civil Rights: Defining the Difference

Part 1

Civil rights and civil liberties are habitually used interchangeably, but the two have divergent connotations that can only be comprehended by outlining each one of them. Civil liberties can be defined as the fortification that an individual is eligible against government action (US History, p.1). In this regard, it denotes that once an amendment has been made, the government cannot impede with the freedom of the individual to the scope approved and protected by the law. For instance, in America, the first amendment of the bill of rights sanctions each citizen to exercise a religion of their choice, and therefore, the government cannot impede the freedom of worship.

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On the other hand, civil rights refer to affirmative actions taken by the government to warrant all the Americans equivalent conditions as given by the law (US History, p.1). For instance, through civil rights, the government ensures that minority groups such as Hispanics, Latinos, and gays, among others, are treated equally with the majority. Civil rights can be said to be the laws which guarantee specific protection by the government while civil liberties concerns freedoms that one is entitled to (US History, p.1). Rights and liberties are, however, interchanged by they have different meanings.

In America, people believe that rights and freedoms protect people in totality, but there are times when the two compete with one another. The first and fourteenth amendment protects liberties and rights. Civil rights and freedom play a critical role in American politics and government. Firstly, it is one of the political values to protect the civil rights and liberties of Americans. In this regard, any political party is shaped by the rights and freedoms of people. They are essential in American politics and government because it guides politicians on how to speak during campaigns and when they are advocating for an issue. For instance, it governs politicians in matters of hate speech by defining specific boundaries through the first amendment. Civil rights and liberties are also necessary for American politics and government because they protect the citizens from dictators. Government leadership change and some leaders oppress the people and therefore, when rights and liberties are defined dictators, and bad leadership will have less impact on the citizens. Rights and freedoms also protect the citizens from cruel and excessive punishments by the government authorities. There are also instances when excessive bails and fines are administered to offenders and the rights and liberties in which they are entitled to protect them.

Similarly, when there is freedom of expression, the people will criticize politicians when they do not deliver as expected or promised, and this ensures economic growth and prosperity to a nation. Similarly, it enables the government to act to a given limit in providing that equality among all the citizens is given. For instance, through the freedom of worship, the government is not allowed to interfere with an individual right to the religion of their choice but can only ensure that the people act within the law. Also through the civil rights, the government is obliged to protect all the citizens, for instance, the women and the minority groups who are in most times discriminated in places of work, service provision and leadership positions among others. All people are supposed to enjoy all the rights allowed by the government and when they are limited in one way or another the government advocates for them. Politics can lead to animosity and hate among the people, and when not regulated then clashes can be experienced and in this case, civil rights and liberties govern the boundaries of every person regarding what they say and act towards other people. It is important, however, to note that there are those liberties and rights which clash, for instance.

Part 2

The American government is guided by four essential principles as laid down by the constitution. The laws grant and limit power in the government, and they include separation of powers, checks, and balances, limited government, and federalism.

Separation of powers

It refers to the division of government responsibilities into different branches to limit anyone chapter from practicing the central roles of another. The primary reason for separation is to hinder the concentration of power and instead allow checks and balances. In America, powers are separated into the legislative, judiciary, and executive. The legislature is charged with the role of creating and ensuring that the laws are enforced. It is made up of the House of Representatives and the Senate. The house of representatives is the one that is close to the people as it is majorly responsive to the public needs and opinions. The representative is elected by the people, and they may serve in a universal term in office.

On the other hand, the Senate is more close to the electorate than the house, and they are required to make decisions based on experience as opposed to public opinion. The other power in government is the executive branch, which refers to the arm which is in charge of implementing the laws passed by the legislature and the various policies of the government. It is composed of all the officials, political power holders, and the permanent civil servants who oversee the execution of laws and strategies to run the administration of the state. The last arm is that of the judiciary, and it is charged with the role of overseeing the criminal and civil courts. It also helps in the interpretation of the constitution. It is made up of the district courts, appellate and supreme courts.

Checks and balances

It is the principle in the American constitution, which allows separate powers to prevent actions of one branch to ensure that power is shared equally. The law has been set in place to ensure that mistakes arising are reduced, improper conduct is prevented, and the risk of centralization of power contained.

Limited government

It is a principle which describes a system where the primary leaders have minimal governing powers over the decisions and statues that are made without approval from the branches or the local leaders. Powers are delegated so that one leader or groups of leaders do not have undue influence.

Federalism

It is the principle of government which defines the relationship between the central government and the national level and its small units at the regional, state, and local levels. The principle spells out that some powers are reserved for the central government while others remain for the state level. It has helped to solve the problems of division of power between the state and national government.

The two most essential principles in contemporary American politics are the separation of powers and checks and balances. Firstly, separation of powers is critical because it enables the government to have distributed control instead of it being centralized. It allows the separate arms to ensure that no organ of the government has more power than the other. In this regard, they can work together in harmony as no single body is supreme to give orders to another. Secondly, checks and balances are also critical because it ensures that the three branches of the government maintain a given level of power to strike an equilibrium among them. It ensures that mistakes arising are reduced, improper conduct is prevented, and the risk of centralization of power contained. In this regard, it ensures that discipline and balance in the government and the politician is maintained as no single authority is superior to another.

Works cited

Epstein, Lee, and Thomas G. Walker. Constitutional law for a changing America: Rights, liberties, and justice. CQ press, 2018.

Helwig, Charles C., Martin D. Ruck, and Michele Peterson-Badali. "Rights, civil liberties, and democracy." Handbook of moral development 2 (2014): 46-69.

US History (2019) Civil Liberties and Civil Rights http://www.ushistory.org/gov/10.asp American Government Online Textbook.

Wilson, Woodrow. Congressional government: A study in American politics. Routledge, 2017.