The document discusses the history of protecting individual rights and civil liberties in the United States. It notes that the Bill of Rights was added to address concerns over protections at the country's founding. While the Bill of Rights established protections like free speech, its effectiveness has varied over time and depending on the group. For example, African Americans continued to face legalized discrimination and segregation until landmark cases like Brown v. Board of Education in the 1950s and the civil rights movement. More recently, debates have emerged over balancing security with individual liberties after events like 9/11.

1. Protection of rights

2. Background
 Early opposition to the constitution based on anxiety
that the rights of individuals were not sufficiently
protected
 Widespread agreement that a set of constitutional
amendments were needed
 Madison – clear constitutional guarantees of liberties -
Bill of Rights – 10 amendments

3. Bill of Rights in practice–effective?
 First amendment freedoms –protection of individuals
from state action – speech, religion, press –
constitution restricts govt intrusion on the free choice
of individuals
 5th & 14th amendments prevent national & state govts
from depriving their citizens of their
lives, liberty, property, without due process of law –
landmark case Miranda v Arizona
 Women only gained the constitutional right to vote in
1920

4. Civil rights for black Americans
 Several laws enacted at turn of century to enforce
segregation - Jim Crow laws –enforced segregation of
the races in the South from late 19th to mid 20th
century
 Constitution –equal protection of the laws (14th) –
evaded linked to Plessy v Ferguson ruling – SC stressed
that racial segregation was not discrimination if equal
accomodations were provided for members of both
races
 Suffered discrimination, segregation and intimidation
–Ku Klux Klan

5. Post war progress
 Brown v Topeka Board of Education reversed 1896
ruling – Warren Court – segregated schools were
illegal
 1960s progress mainly due to the civil rights movement
– affirmative action programmes which were
challenged legally
 BAAKE case 1978 – race could be taken into account in
admissions decisions....

6. Post 9/11
 Big brother society – Patriot Act, Guantanamo Bay –
enemy combatants
 Right to bear arms - Washington DC
 Partial birth abortions
 Roe v Wade
 Rendition

7. Assessment
 Existence of Bill of Rights is no guarantee that they
will exist in practice. Compare peace time with times
of crisis
 Civil liberties of those who dissent from American way
of life are likely to be ignored eg phone tapping of
Martin Luther King; McCarthyite witchhunt
 Many citizens more willing to accept techniques used
to combat terrorism and violent crime
 SC – duty to uphold guarantees in Constitution