Constitutional law plays a crucial role in protecting civil liberties in a country. Here are some key points regarding the role of constitutional law in safeguarding civil liberties:
Judicial Review and Limiting Government Power: One of the essential roles of constitutional law is to ensure that each branch of government recognizes the limits of its own power. The Supreme Court, as the highest court in the United States, has the power of judicial review. This power allows the Court to strike down laws that violate the Constitution and protect civil rights and liberties .
Protection of Fundamental Values: Constitutional law sets appropriate limits on democratic government by ensuring that popular majorities cannot pass laws that harm or take undue advantage of unpopular minorities. It serves to ensure that the changing views of a majority do not undermine the fundamental values common to all Americans, such as freedom of speech, freedom of religion, and due process of law .
Expanding the Reach of Constitutional Guarantees: Constitutional law has played a significant role in expanding the reach of constitutional guarantees to protect civil liberties. For example, before the passage of the Fourteenth Amendment in 1869, the provisions of the Bill of Rights were only applicable to the federal government. The Fourteenth Amendment extended liberties and rights granted by the Bill of Rights to formerly enslaved people and granted citizenship to all persons born or naturalized in the United States .
Enforcement and Protection: Various government entities, such as the Department of Justice’s Civil Rights Division, enforce federal laws that protect individuals from discrimination based on race, color, national origin, disability status, sex, religion, familial status, or loss of other constitutional rights . These entities sue or prosecute individuals and organizations that violate civil rights laws and work to ensure equal protection under the law .