The line which divides these two classes of rights is the one which defines and limits the power of the majority. In respect to legal rights, that power is ultimately supreme. If inconvenience, hardship, or injustice result from its exercise, they can only be corrected through the law-making power itself. But over constitutional rights the popular voice has no control. Majorities are but an agency of government, which in all its agencies is subject to constitutional limits.
Civil liberty is simply the enjoyment of the fundamental rights in their full extent.
And free government is the government, appropriate in form, that secures their permanent protection to all men alike. Not by a security dependent upon the will of the governing power, but by one inherent in the goverrunent itself, and co-extensive with its existence. Free government or civil liberty, then, is in the end simply the maintenance, by its people, of those fundamental and therefore constitutional rights that are declared by the law of the land.