Civil Liberties: Due Process, Affirmative Action, Segregation Analysis

This assignment delves into key aspects of civil liberties within the United States legal framework. It begins by examining the due process clause, as outlined in the Fourteenth and Fifth Amendments, highlighting its role in protecting individuals from arbitrary governmental actions and ensuring fair administration of justice. The analysis references significant court cases, such as Murray v. Hoboken Land and Browning v. Hooper, to illustrate the application and interpretation of due process. The assignment then explores affirmative action, tracing its origins to the civil rights movement and its initial goals of providing equal opportunities for women and minorities in education and employment. The discussion evaluates the effectiveness of affirmative action policies and their relevance in contemporary society, considering the role of anti-discrimination laws. Finally, the document addresses the 'separate but equal' doctrine, originating from the Morrill Act of 1862, and its eventual overturning in Brown v. Board of Education, emphasizing the inherent inequalities of segregated educational facilities. The assignment also touches upon de facto segregation and its discriminatory consequences.

Running Head: CIVIL LIBERTIES
Civil Liberties
Name of the Student:
Name of the University:
Author Note

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1. The due process clause is contained in the fourteenth and the Fifth Amendment to the
constitution of United States. The primary purpose of his clause is to govern the administration
of justice and in doing to the clause purports to safeguard and protect arbitrary denial of liberty,
property and life by the government outside the scope of law. the clause is more broadly
interpreted by the supreme court which states that these clauses emphasize of four specific
protections including substantive due process, procedural due process, prohibition from vague
laws and for incorporation of the bill of rights. The process of due process had been discussed in
the case of Murray v. Hoboken Land, 59 U.S. 272 (1855) where the rights of the party have been
protected by the court against the government. In the case of Browning v. Hooper, 269 U.S. 396,
46 S. Ct. 141, 70 L. Ed. 330 (1926) the court held that the creation of taxing districts in relation
to deprivation of property are also subjected to the due process rules. Thus it can be stated that
the rules are properly applied in the country and rights are adequately protected.
4. The process of affirmative action resulted out of the civil rights movement in 1960. The
purpose of the movement was to give equal opportunities to women and people of the minority
groups in education and employment. The focus of the affirmative action policies was initially
on enhancing opportunities in education and employment for African Americans. The purpose of
the civil right movement was to provide equal opportunity for all and the process of affirmative
action actually created the provisions of positive discrimination. Discrimination initiated against
men and those who belonged to the majority group as a part of the action. In the given situation it
has been stated that the affirmative actions were not able to fulfill the purpose of the civil rights
movement. These actions are not required in the modern day society as discrimination laws

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ensure that there is no unfavorable treatment provided to any person for different traits possessed
by them (Matsuda, 2018).
5. Separate but equal doctrine had originated from Morrill Land-Grant Colleges Act (Morrill
Act of 1862). In this act the legal concept in relation to separate but equal had been accepted in
17 states which institutionalized segregation. The doctrine was a result of the American civil
war, Emancipation Proclamation and the Fourteenth Amendment. The doctrine had been
overturned in the case of Brown v. Board of Education by the US Supreme Court. In this case an
argument had been provided by the court that "separate educational facilities are inherently
unequal." De facto segregation leads to inequality as it is after all a form of discrimination. No
form of discrimination can lead to equality. This is a form of discrimination which is done in fact
and not done is law. A primary example of de facto segregation is that the concentration of
African-Americans in specific neighborhoods provides for schools which are predominantly
black and thus discrimination is inevitable.

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References
Browning v. Hooper, 269 U.S. 396, 46 S. Ct. 141, 70 L. Ed. 330 (1926)
Matsuda, M. J. (2018). Public response to racist speech: Considering the victim’s story. In
Words that wound (pp. 17-51). Routledge.
Morrill Land-Grant Colleges Act (Morrill Act of 1862)
Murray v. Hoboken Land, 59 U.S. 272 (1855)