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What is the role of the federal government in protecting the freedoms guaranteed to all American citizens when the state fails to do so? What role does the US Constitution play in protecting the rights of American citizens?

User Tugcem
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Final answer:

The role of the federal government in protecting the rights of American citizens is anchored in federalism and the U.S. Constitution, particularly through the Bill of Rights. State constitutions play a complementary role, with state courts expanding individual rights where federal protections may be narrow. Balancing civil liberties with the common good remains an essential function of both federal and state governments.

Step-by-step explanation:

The federal government has a critical role in protecting the freedoms and rights of American citizens, especially when state governments fail to do so. This role is based on the doctrine of federalism, which has evolved over time to allow for a more significant federal oversight in the protection of civil liberties. The U.S. Constitution, particularly through the Bill of Rights and subsequent amendments, provides a foundation for these rights and outlines the distribution and limitation of power within the government.

State constitutions also play a vital role in the protection of civil liberties, often providing additional rights beyond those guaranteed by the U.S. Constitution. The U.S. Supreme Court has been instrumental in incorporating the Bill of Rights to the states through the doctrine of incorporation, ensuring that state laws also comply with the federal Constitution's standards.

Beginning in the 1970s, and in the face of narrower federal interpretations of rights, many state judges have turned to their own state constitutions to provide broader protections for individual rights. These state-level decisions underscore the dynamic interplay between federal and state systems in protecting civil liberties. Civil liberties can be found within the U.S. Constitution, particularly the first 10 amendments, known as the Bill of Rights.

The balance of individual rights against the common good is a continuing challenge, as noted by Justice Oliver Wendell Holmes. The government and courts are constantly negotiating the limits of individual actions for the benefit of the community, ensuring that rights such as free speech or religious freedom are protected but also that they do not infringe upon the rights of others.

User Leal
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