Monday, August 3, 2015

civil rights

Now, we need to define a civil right. As always, we start by looking at the definition of civil:

Definition of CIVIL

1a : of or relating to citizens

b : of or relating to the state or its citizenry <civil strife>

2a : civilized <civil society>

3a : of, relating to, or based on civil law

b : relating to private rights and to remedies sought by action or suit distinct from criminal proceedings

c : established by law

As you can see, civil pertains to matters of society: of the citizens of a given government. In other words, Parties to the Social Contract which formed and govern a given community. Therefore, a civil right is a right that is established by law as a function of the terms of a given Social Contract and not by Nature. However, a civil right must be enacted in accordance with the constraints of Natural Law, as Natural Law governs the Social Contract from which all civil law draws its authority. If a civil law attempts to create a right that would be a breach of Natural Rights, then it is not a law or a right because it violates Natural Law. In essence, Natural Law can nullify man-made laws, and this includes civil rights. So, as a general rule of thumb, we can define a civil right as a right constructed by a law enacted according to the terms of the Social Contract which formed and governs a community and which is in accord with the constraints of Natural law. Some examples of a civil right would be the right to a speedy trial; to face your accuser; to a jury trial; to a lawyer; to call witnesses and present a defense; and, if you are convicted, to an appeal.

NOTE: Because a civil law is created by an act of legislation under the terms of the Social Contract which authorizes and supports whatever government passes the law creating it, a civil law is always subject to being changed or eliminated whereas a Natural Right can never be abridged or eliminated.

Civil Rights

Personal liberties that belong to an individual, owing to his or her status as a citizen or resident of a particular country or community.

The most common legal application of the term civil rights involves the rights guaranteed to U.S. citizens and residents by legislation and by the Constitution. Civil rights protected by the Constitution include Freedom of Speech and freedom from certain types of discrimination.

Not all types of discrimination are unlawful, and most of an individual's personal choices are protected by the freedoms to choose personal associates; to express himself or herself; and to preserve personal privacy. Civil rights legislation comes into play when the practice of personal preferences and prejudices of an individual, a business entity, or a government interferes with the protected rights of others. The various civil rights laws have made it illegal to discriminate on the basis of race, color, religion, sex, age, handicap, or national origin. Discrimination that interferes with voting rights and equality of opportunity in education, employment, and housing is unlawful.

The term Privileges and Immunities is related to civil rights. Privileges and immunities encompass all rights of individuals that relate to people, places, and real and Personal Property. Privileges include all of the legal benefits of living in the United States, such as the freedom to sell land, draft a will, or obtain a Divorce. Immunities are the protections afforded by law that prevent the government or other people from hindering another's enjoyment of his or her life, such as the right to be free from illegal searches and seizures and the freedom to practice religion without government persecution. The Privileges and Immunities Clause in Article IV of the U.S. Constitution states, "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States." The clause is designed to prevent each state from discriminating against the people in other states in favor of its own citizens.

The Bill of Rights, the first ten amendments to the U.S. Constitution, delineates specific rights that are reserved for U.S. citizens and residents. No state can remove or abridge rights that are guaranteed by the Constitution.

In 1857, the U.S. Supreme Court held, in dred scott v. sandford, 60 U.S. (19 How.) 393, 15 L. Ed. 691, that the Constitution did not apply to African Americans because they were not citizens when the Constitution was written. After the Civil War, therefore, new laws were necessary for the purpose of extending civil liberties to the former slaves.

If you do not understand the difference between civil rights and natural unalienable rights, then freedom is going to keep eluding you friends.

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