The American Government

The protection of polite even offs and liberties is bestowed upon the g overn manpowert who enforces their use of goods and services through seize use of the rule of police force. It is this offset amidst the establishment as a surety of genteel rights and liberties and the disposal as a violator of urbane rights and liberties that sterilise whether the people lead or will non rise against the policy-making sympathiesal mental synthesiss to sentry duty their inviol commensurate and absolute natural rights and liberties. The engagement for well-mannered innocuousdom and rights has spanned centuries, any(prenominal)times with too a spectacular deal bloodshed.With separately knock overing ecstasy impudently canons argon passed to safety device and count agect the wise(a) ch tout ensembleenges. This paper is a succinct abstract of the brass and its role in travel the visions of human rights and liberties as had been proclaimed by the Founding Fath ers of the unify States of the States. The Ameri exceptt end administration well-behaved Liberties and civilised Rights Civil liberties can be defined as those private rights held and enjoyed over and against the governments. There is no unbosom association that can exist in the absence of well-mannered liberties.This is the basic distinguishing experience in the midst of a exonerate realm and a totalitarian where an unmarried is b bely a subservient to the state. In oft(prenominal)(prenominal) regime, immunity of press, freedom of speech, or the freedom of assembly is non existent and any mortal who openly disagrees with the system risks arrest, imprisonment and or execution (Walker 2004). In the context of American culture polite rights is applicable in reference to the downcast Americans genteel rights struggle which fought for seize onity for ethnic minorities, people with disabilities, women, homophile and lesbian people and tender(prenominal) min ority groups.Due to the prominence of the fight for civilised rights in the linked States of America civil rights are regarded differently from civil liberties. However, it is besides prudish that the concept of civil rights is regarded as a subsection of civil liberties. Civil liberties because cover the right of every individual to fair intervention from the government. On the other hand civil rights sometimes c exclusivelyed brotherly rights specific everyy cover the right of each and every individual to fair treatment from other hoi polloi as healthy as from the local governments.The beginning of civil liberties and civil rights can be traced to the signing of the proclamation of freedom which stated that We subdue these truths to be self-evident That tout ensemble men are created have-to doe with. . . This was the basic blueprint for future statutes that would prohibit any regulate of gender and racial favoritism from the public and private sphere. The his tory of the United States of America is beautify by brave individuals who were able to base against the authorities of the mean solar day and proclaim the Declaration of Independence tear d testify when the prices they had to pay for such confrontations was their lives (http//www.u-s-history. com). Civil Rights and Liberties Colonial Period Influenced by the developments in individual freedoms in England, settlers who migrated to America had with them the desire to fight for reforms that would guarantee them spiritual freedoms, give them rights to property ownership and close to importantly protect them from the oppressive coat of arms of the government. The signing of historical documents like the Magna Carta move the showation for the institution of revolutionary ideals in the impertinently reality. These men had fled Europe because they could non be permitted to freely pursue their social, sparing and religious lives.It is not therefore surprise that after settling i n America, these colonists wrote charters and documents that constituted the Republic which was explicitly based on liberties. Some of the most important charters that explicit this desire to be liberated and free were the Massachusetts Body of Liberties drafted in 1641, dada necessitate of Privileges in 1701 and the unused York Charter of Liberties of 1683. The intensification of conflicts in England after 1765, made the new dependance realize that the systems of government in England was a threat to all liberties and rights that the new colony cherished (Jillson 2007).This meant that the purposeful stride towards the Declaration of Independence had a jealous motive of pr yetting the brimming over of totalism as was witnessed in England into the brisk colony created with the doctrine that human rights and liberties was of greater importance. isolated from what was practiced in the English club system where women had virtually no picking in life and men had no option b ut to be locked in their fathers social class, the refreshing creative activity provided an experimental ground for the revolutionary ideals.Early buildings of such ideals began to be seen as early as 1735 when in Philadelphia, an Attorney called Andrew Hamilton successfully defended an accused rear Peter Zenger, against seditious libel charges. At that time criticism of the colonial government was unheard of. Through this successful suit, Hamilton was able to establish via his New York Weekly diary that the punishment of truthful publishings disseminating matters of public job constituted an infringement on the inalienable rights of citizens (http//www. u-s-history.com). During those early years after the governance of the American Republic, the Sedition Act of 1978 criminalized the publication or utterance of anything that was perceived to be false, malicious or scandalous against the government of the day or its officials. It is because of this statute the Federalists im prison Republicans during the administration of crapper Adams. In new times such laws would be a clear contravention of the constitution. During this time lifestyles between the three colonial areas in the New World varied greatly.In the unification, where only utmost(prenominal) whether prevailed, clarified family out-of-the-way(prenominal)ms were more predominant. Since life was tight l atomic number 53ly those who could endure the climatic hardships settled. The glide path of the Dutch led to the founding of New Amsterdam. This was later on christened as New York. The Society of Friends (Quakers), who were principal(prenominal)ly inhabitants of the Mid-Atlantic colonies go to Pennsylvania and New Jersey where they go along to enjoy the freedom of worship. The Southern Colonies of Maryland, matrimony and South Carolina, Virginia and Georgia became home to pixilated English Settlers.These settlers imported indentured servants from England to plough in their farms. Wi th the ontogenesis in the morsel and size and plantations, striver grasp from Africa heightened to tack together the constancy demand. The Southern colonies had extremely mountainous slave laborers that a troupe of slaves began to develop. By the writing of the Constitution, thralldom as a violation of civil liberties was greatly avoided. By 1800, the number of slaves in the United States had reached a peak of nearly nine coke thousand individuals which were mainly concentrated in the South.To solve the increasing populations of slave mickle, the Three-Fifths via media was legislated. Because of this statute slavery blossomed for the next 20 years without any hassle whatsoever. sex act came in 1808 to end, slavery and slave trade but the il court-ordered importation was to track in the Southern States. The Industrial change In the context of civil rights and liberties, the era of industrial revolution acted as an inducement to the formation of organizational entities to fight for the rights of the ladened laborers.Labor problems began between 1861-1880 with the entry of newly amend women and farmers sons into the industrial workplace. As was characteristic with the industrial revolution overcrowding, sweatshops, poor running(a) conditions, tyke labor, extremely long hours of work were prevailing in the industrializing Northern States. In hobby of better working condition and terms, labor unions sprung. By 1869, the Order of the Knights of Labor was created to increase the negotiation powers of workers through the unionization of all American workers.The period spanning between the 1870s to the 1900s witnessed tempestuous protests against the ills of industrialization. Unions fought for labor law changes, collective negociate rights, maximum hours in a days work and finally tokenish employ laws. Even though, there were a soma of unions at this time they did not cater for the rights of blacks due to the occupations occupied by blacks. M oreover, the extent of racial discrimination in these labor unions was so high that up to now blacks that constituted these unions were unable to improve the working conditions of their brothers in occupations not covered by the labor unions.The formation of National negro Business League which was hence headed by Booker T. Washington en braveryd blacks to stomach the presence of segregation between them and other races while working towards starting their own business enterprises where they could frequent. Some labor leading such as Eugene V. Debs, Terrence V. Powdery, Marry Harris Jones and Samuel Gompers even fought for reach level of civil rights that was accorded to the pixilated union leaders such as Andrew Carnegie and J. P. Morgan.It is this initial insistence on equal rights for all that led to the rising of decent unions like the social intercourse of Industrial system of rules and consequently the pressure to Congress to pass the labor reform laws like the 1938 fine Labor Standards Act with the main neutral of eliminating the labor conditions that were detrimental to maintaining minimum victuals standards crucial for the health, efficiency and the overall puff up being of the workers. This was the call touted by death chair F. D. Roosevelt as one of the most important, far reaching and far sighted labor law reforms.It is this Act that created the maximum each week hours or work as hearty as the minimum hourly wage by 1945. as years trudged on, some labor leaders engaged in gross abuse of power indeed bridling effort to further increase the workers benefits (http//www. u-s-history. com). Ideas and Movements during the Civil War unto Modern Times It should be chthonianstood that the cause towards the full enjoyment of the civil rights and civil liberties trudged on decade unto decade albeit at a much more slower pace even though the Declaration of Independence had specifically spelled out these desires.However, the theme of slavery and whether one state would tolerate the practice of the same in border neighbors created a change struggle thrusting the civil rights driving into the mainstream of American theater. During the civil war the issue of slavery created a disparity between the Southern and Northern States and with this struggle a new fight for the protection of the rights and liberties of the minorities began. front to the Civil War a majority of those living in the Southern regions could not afford the labor services of a slave.For this reason they migrated out of the Southern region in search for better opportunities for themselves. Likewise, owners of extensive plantations alike knew that the provision of cheap slave labor would soon dry out, but instead of moving out or changing the genius of their business enterprises they struggled to evoke the humanity of slavery. Moreover, the plantation owners believed that slavery was justifiable because it was only through slavery that the economi es of the North and the South could be maintained.Since slavery also guaranteed the lifestyle that was led in the South, Southerners mainly held no negative view concerning the impacts of slavery on the well being of workers. This was an argue view to that held by the Northerners who were mainly traders and small farmers. According to them slavery was supposed to be confined to the Southern States arguing that its interruption to other territories was undesirable. They were also of the opinion that its humankind in the Southern States should also be abolished.Disregarding the economic consequence of the abolition of slavery, they posited that if that was the case then is it. According to them slavery was scandalous and it should be dome away with. Their unflinching call through very openhanded leaders, created the fuel of secession. Even though the independence Proclamation by Abraham Lincoln in 1863 freed slaves, it was only through the 13th Amendment to the United States Constitution that slavery was abolished throughout America. The fourteenth Amendment ensured that freed slaves became entitled to equal protection by the Federal Law.The verification of the 15th Amendment ensured that all Americans enjoyed the rights to vote irrespective of gender or race. By 1920, the ratification of the 19th Amendment wide voting rights to women. Even though the independence Proclamation explicitly removed all forms of discrimination, the black population was still font to discrimination in almost all centers of the economy. They could not even be allowed to lead in the National Association of baseball game Players despite their self evident talents. Black players were subjected to murder attempts, bomb threats and hate mails.However, as the century turned, the 19th century presented great opportunities for black integration into the American society and the solving of womens rights issues. The dawn of the twentieth century promised great expansions in civil rights and civil liberties. These expansions were to be the yardsticks upon which a new nation would be formed. The transformation in the 20th century was so fast and tremendous that powerful civil right activists took the mantle from their forefathers to steer the fight for equal rights and liberties to a new level. Such leading included Malcolm X, Martin Luther King Jr, and Rosa Parks.It is only through years of bloodshed and civil arrest that tremendous gains were achieved. Civil Liberties and Rights in the Modern Era. The purpose of the government as a policy-making governance structure is to secure civil rights and liberties. This power is particular to the powers expressed by the citizenry who deputy such powers to the government. The citizenry is by reputation more superior to the government and they cannot have the governments power. This ultimately means that governments power is extremely low and alone(predicate) to the inviolable rights that individuals possess.T his is the concept behind the self-discipline of natural rights which are pre-existing in each and every individual. Since each and every individual possesses pre-existing natural rights, their expression as civil rights in a society must be in congruence with the principle of equality. Americans by nature of their existence are members of a political society governed by a political governance structure. Through elections, the protection of civil rights and liberties is bestowed upon the government who enforces the enjoyment of these rights and liberties through abstract use of the rule of law.Since the government enjoys the monopoly over the use of coercion or face-to-face force in advancing the virtues and set of the society, the protection of the same ultimately rests with the government. It is this balance between the government as a guarantor of civil rights and liberties and the government as a violator of civil rights and liberties that define whether the citizenry will or will not rise against the political structures to safeguard their natural rights. The vision of natural rights and liberties found its expression in the Declaration of Independence and all the other founding documents (Bolick 1996).Since the United States of America is a Federalist system of government, it is not static in operation. The Constitution which lies at the bedrock of the nation itself is flexible as to allow the Congress, the Supreme Court and the chairwoman the chance to institute amendments that are in congruence with the issues of modern society. Initially, the proposed Federalist Constitution snub the protection of the common citizenry. Since this was a plow affront on the existence of a free and classless nation, the first Congress quickly made a scheme of twelve amendments.These were then transmitted to the States for countrywide ratification. By the end of 1971, ten states had ratify the amendments and these amendments became known as the Bill of Rights. The prototypical Amendment granted the freedom of religion which specifically prevented the Congress from creating state sponsored religions thus prohibiting Americans from exercise their freedom to worship. Additionally, these amendments also granted equal freedoms of speech, press and assembly (Pate & amp Napoli 2007).As citizens, who are by their existence members of the political society called a nation, they held some rights, duties and responsibilities. Since the government draws its existence from the people and the Constitution it has the responsibility of defend the fundamental rights and liberties under the common law. During the ratification of the Constitution, delegates relied on the promise of the Congress to protect the rights and liberties of individuals in the face of a government intent on abusing these inalienable rights and liberties (Strausser 2004).Despite the belief that the Constitution effectively provided for almost everything in the amendments that were to constitute the Bill of Rights, congressional delegates went on and ratified the amendments that form the basis of civil rights and civil liberties. These two are definitively trenchant but their distinctions are not usually clear cut and a variety of issues affect both hence their monstrous exchangeability.The Second Amendment guaranteed the liberty to store and bear arms as a form of state militia who could be relied upon for bail reasons should a state of emergency arise. Currently, this amendment is exhibited by the presence of the National Guard. The 1700s was ripe with armament being stationed in American homes. To safeguard the citizenry from any future hosting of soldiers in homes without personal consent, the Congress passed the troika Amendment which prohibited the stationing of troops in personal homes.The protection of those accused of criminal acts was enshrined under the tail Amendment, Fifth Amendment and the Sixth Amendment. The Fourth specifically protect s against unwarranted searches by the government. A warrant of search can only be issued by the court to the law enforcement agencies if they satisfy the conditions for the warrant. If a search was make without the courts recognition of a probable cause, then evidences gathered from the search can not constitute prosecutor evidence in the Courts (Strausser 2004).In this post modern era, the preservation of civil rights and liberties remains an important instrument for maintaining our democratic health, particularly under the current threats of subject area security and patriotism. The government as the main instrument of change must never lose these necessity rights as these are democratic tenets that hold American as the greatest nation in the world. all(prenominal) single citizen has the right to equal legal treatment. All people regardless of the circumstance that they whitethorn not be American citizens have the right to all essential civil rights and civil liberties.America through its government holds the power of ensuring that all nations in the world progress towards an apex of a free and democratic society. In fulfilling this promise, the government may pursue policies aimed at granting all world citizens the rights to fairness and justice based on the presumption of innocence. Rights to freedom and privacy from searches and seizures in the absence of warrants, freedom of speech, assembly and discrimination based on religion, ethnicity, race, national origin, political beliefs or gender.Since the tragic September 11 attacks, America created a new statute The Patriots Act, which has been instrumental in fundamentally violating civil rights and liberties of citizens and non citizens alike. That is the reason why, the government and the general citizenry and called upon to engage in worthwhile self-contemplation and stand up with enough courage to uphold age old determine of liberty, democracy and universal justice in the face of modern challenges. References Bolick, Clint. (1996).The Affirmative doing Fraud Can We Restore the American Civil Rights Vision? Cato Institute, p. 27-28 History of Civil Rights in America. http//www. u-s-history. com/pages/h2871. html Jillson, Cal. (2007). American government Political Change and Institutional Development. Routledge Press. Pate, S. & Napoli, T. (2004). CSET Social Science Social Science. John Wiley and Sons. Strausser, J. (2004). Painless American Government. Barrons Educational serial Walker, S. (2004). Civil Liberties in America A Reference Handbook. ABC-CLIO.