Civil Liberties, Civil Rights and American Political Parties
The dual citizenship civil liberties/rights defined that the government should not interfere with speech or religious activities. The government has the responsivity to guard and protect the civil rights and liberties of all the citizens. The civil liberties protection were incorporated because it was protecting the citizens against improper government actions; hence free from government restrictions. The supreme court ruled that the person were citizens of both national and state citizen. Therefore, the privacy of the dual citizens should be respected without depriving any person a property, life, and liberty without following the set rules and regulations to avoid being misused again. The benefits of incorporating civil liberties protections are to ensure the rights of the citizens are not violated by the government’s actions regardless of their religion. However, it has some drawbacks that have inspired more activism leading to civil disobedience and resistance against African Americans. Besides, it promoted some actions like abortion and homosexuality, which is not agreeable by all citizens.
Jim Crow laws are the local and state statutes that were legalized to discriminate and marginalized African Americans. Africans were denied the right to get an education, transport, healthcare, vote, jobs, and other available opportunities. The laws were to intimidate African Americans and to favor whites because any African defying could be tortured, arrested, beaten, fined, or jailed to death. In the 1960’s the case of Brown v. Board of Education of Topeka was overturned, where the Supreme Court ruled that racial segregation was inherently unequal. The civil rights activists dismantled Jim Crow laws and made legislation that illegalized racial discrimination. The term de jure describes what is legally recognized by law about exclusion; however, de facto denotes what exists in reality or practice regardless of the rule established in that Negroes were still segregated after the illegalizing segregation. Racial segregation can be stopped if the de jure should be applied and be seen working both legally and in reality.
Federalism delayed the extension of civil rights for the whites to continue exploiting African Americans who were slaves and working for them. It took long because they thought that by doing away with it would dilute their powers and authority. Furthermore, the federal government was in charge of the governmental functions of the economy and did not want to lose local authorities. The rights were finally extended because of the laws governing the federal system that was required to be amended first. The Fourteenth and fifteenth amendment under the Color of law and Comity does not allow the separation of powers, and the Supreme Court must interpret for changes to be effected. Color and Comity laws prohibit interference with civil rights. The Supreme Court did not agree with the narrow construction of the statutes of civil rights; hence, the delay. The reconciliation of state legislation with the constitution from the federal government with the separate function principles under the civil rights statutes.
Parties exist to create and implement agendas, policies, and gain control over the government by winning the election to further the ideology of the party. Parties play a critical role by ensuring that voting rights are broadened without restrictions on race, sex, ownership, and participation in mobilizing masses of voters to provide the majority forms a legitimate government. It enhances fairness and ensures the electorate’s wishes are fulfilled when in power. The dreams and ideas of the citizens are captured in the manifesto of a party without discrimination making them beneficial to all party members and citizens. Parties can be harmful because, during the campaign, real issues and ideas from the citizens but name-calling and candidate nominations are not fair and transparent. The credibility of elections and appointments are increasing to undergo a flawed process outside the party system, structure, regulations, and procedures.
The United States of America has only two major parties because there are many structural obstacles for the third party to be registered. There must be a mass movement for a party to be in place, which does not exist because the rules are stringent and almost impossible for a new political party. It is an expensive affair for the third party to manage any election because of the set structures favoring Democratic and Republican parties. Also, Duverger states that a third party will not compete effectively with the two major parties because there is no prize for winning even 15% of votes. The probability of the third party is minimal; hence, voters will choose between the two bigger parties. Politicians within the big two parties have the advantage and can manipulate to get to power because of the existing political system where the winner will take all; therefore, no space for a third party to split the votes.