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game_icon.svg.pngMake Your Case recreates a jury trial with judge, attorneys, and witnesses from Scholastic.


Border Patrol agent reads the Miranda rights.
Border Patrol agent reads the Miranda rights.

Know Your Rights, a student rights handbook from the American Civil Liberties Union of Vermont


What are Substantive Rights?

  • A basic right, such as life or liberty, seen as constituting part of the order of society and considered independent of and not subordinate to the body of human law. -The Free Farlex Dictionary
  • Laws that create, define, and regulate rights
    • Contracts, wills, property


What are Substantive Liberties?

  • Restraints on the government that limit what the government can and can not do
    • The government can not limit freedom of speech, establish an official religion, etc...

Why are they important?

  • Deals with relationships between people or between people and the state
  • Can offer solutions to problems or conflicts
  • Based in common laws and legislature
  • The Bill of Rights are examples of substantive rights and liberties
  • Until the 20th century, it has derived from judicial decisions
    • Used legal precedence in similar cases
    • Tended to change very slowly
  • Substantive laws have changed more rapidly from the 20th century on
    • Congress and state legislature create statutes that take the place of common law
  • Uniform Law Commission
    • Formally the National Conference of Commissioners on Uniform State Laws
    • Conducts research
    • Helps states create non-partisan, well-drafted and well-written legislationNational_Security_Agency_seal.png
    • Designed to clarify state statutes
    • Click here for the ULC website

Was the National Security Agency breaching substantive rights set by the Bill of Rights?
  • Click here to read Frequently Asked Questions on the NSA scandal.
  • Read an interview with NSA whistle blower Edward Snowden here.
  • Read about the NSA and substantive rights here.
  • Click here to read about Obama's response to the controversy.


lessonplan.jpgClick here for lesson plans on substantive rights from University of Nebraska-Omaha



Map Showing Religious Freedom.  Countries in Blue enjoy complete religious freedom and are protected by substantive rights and liberties
Map Showing Religious Freedom. Countries in Blue enjoy complete religious freedom and are protected by substantive rights and liberties
Map showing political and human rights by country.  Green: free, Orange: partially free, Red: untouchable
Map showing political and human rights by country. Green: free, Orange: partially free, Red: untouchable



Sources:
Prezi by Conway Shelton