The Constitutional The Constitutional Protection of Citizens Protection of Citizens

RightsRights

Constitutional RightsConstitutional Rights

Constitutional rights in the US are Constitutional rights in the US are inalienable and entrenchedinalienable and entrenched

What does this mean?What does this mean? How are rights protected in the US?How are rights protected in the US? How does this compare to the UK?How does this compare to the UK?

US US

Rights are entrenched in the US within Rights are entrenched in the US within the Bill of Rights which comprise of the the Bill of Rights which comprise of the first 10 amendments, there is a very first 10 amendments, there is a very difficult amendment process and the difficult amendment process and the Supreme Court will strike down any Supreme Court will strike down any legislation which seems to infringe legislation which seems to infringe rights eg Buckley vs Valeo in 1974 rights eg Buckley vs Valeo in 1974 struck down the FECA legislation as struck down the FECA legislation as violating first amendment right to free violating first amendment right to free speechspeech

UKUK

In the UK we do not have an entrenched In the UK we do not have an entrenched Bill of Rights, instead we have the HRA Bill of Rights, instead we have the HRA which is a normal act of parliament and which is a normal act of parliament and thus can be changed easilythus can be changed easily

Judges can declare legislation to be Judges can declare legislation to be incompatible with the HRA but they incompatible with the HRA but they cannot strike down legislation and the cannot strike down legislation and the government can ignore the judges government can ignore the judges advice.advice.

Which parts of the constitution Which parts of the constitution protect rights?protect rights?

First amendment – freedoms of First amendment – freedoms of speech, press and assembly. There is speech, press and assembly. There is also no establishment of religion and also no establishment of religion and freedom of religionfreedom of religion

Go through the constitution and note Go through the constitution and note down the amendments which down the amendments which mention rights. mention rights.

You should be able to quote these You should be able to quote these within essay answers. within essay answers.

Guarantee of rights in the constitutionGuarantee of rights in the constitution 22ndnd Amendment Amendment

Right to bear armsRight to bear arms 4th Amendment4th Amendment Rights against unreasonable searchesRights against unreasonable searches 55thth Amendment Amendment Right to remain silentRight to remain silent 88thth Amendment Amendment Against cruel and unusual punishmentsAgainst cruel and unusual punishments 1010thth Amendment Amendment States rightsStates rights 1313thth, 14, 14thth and 15 and 15thth Amendments Amendments Civil war amendments guaranteeing rights to former slaves, Civil war amendments guaranteeing rights to former slaves,

include ‘equal protection’ and ‘due process’ clausesinclude ‘equal protection’ and ‘due process’ clauses 19th Amendment19th Amendment Voting rights for womenVoting rights for women 2424thth Amendment Amendment Voting rights guaranteed to prevent discrimination towards Voting rights guaranteed to prevent discrimination towards

minoritiesminorities 2626thth Amendment Amendment Voting rights extended to over 18sVoting rights extended to over 18s

Role of the Supreme CourtRole of the Supreme Court Remember the role of judicial review and that Remember the role of judicial review and that

‘activist’ courts tend to extend rights through ‘activist’ courts tend to extend rights through interpretation and courts which are ‘restrained’ are interpretation and courts which are ‘restrained’ are less likely to do so.less likely to do so.

The interpretation of rights can change over time The interpretation of rights can change over time e.g. Plessy vs Ferguson (1896) interpreted the e.g. Plessy vs Ferguson (1896) interpreted the ‘equal protection’ clause to mean that separate and ‘equal protection’ clause to mean that separate and equal was constitutional. Brown vs BOE (1954) did equal was constitutional. Brown vs BOE (1954) did the opposite. This had huge implications for US the opposite. This had huge implications for US society.society.

Use the sheet to look up and note down some cases Use the sheet to look up and note down some cases which illustrate the protection of rights and how which illustrate the protection of rights and how they have changed according to Supreme Court they have changed according to Supreme Court interpretationinterpretation

Violation of rightsViolation of rights There is a strong rights culture in the USA with There is a strong rights culture in the USA with

people being aware of their rights and also it is a people being aware of their rights and also it is a very litigious society.very litigious society.

However, that does not mean there have not However, that does not mean there have not been violation of constitutional rights in the past. been violation of constitutional rights in the past. Some examples:Some examples:

Denial of voting and civil rights to black people Denial of voting and civil rights to black people even after the 14even after the 14thth and 15 and 15thth Amendments Amendments

The internment of Japanese-Americans during The internment of Japanese-Americans during WW2WW2

The Patriot ActThe Patriot Act GuantanamoGuantanamo

Violation of rights – recent casesViolation of rights – recent cases

Lawrence v Texas (2003) recognised Lawrence v Texas (2003) recognised gay rightsgay rights

Hamdi v Rumsfeld (2004) ruled that Hamdi v Rumsfeld (2004) ruled that enemy combatants were entitled to enemy combatants were entitled to constitutional rightsconstitutional rights

Hamdan vs Rumsfeld (2006) illegal Hamdan vs Rumsfeld (2006) illegal combatants were entitled to same combatants were entitled to same legal protections as POWslegal protections as POWs