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1Civil LibertiesChapter 4xrhombusCivil Liberties – personal guarantees and freedoms that the government cannot abridge by law, constitution, or judicial interpretation. These are the limitations on government.xrhombusCivil Rights – government-protected rights of individuals against arbitrary or discriminatory treatment by governments or individual. oExamples include right of national citizenship, voting equality, and due process of law.Definitions
2xrhombusBill of Rights – First 10 amendments to the US Constitution, which largely guarantee specific rights and liberties.xrhombus9thAmendment – Makes it clear that enumerating rights in the constitution or Bill of Rights does not mean that others do not exist.oSimply a statement that other rights aside from those listed may exist, and just because they are not listed doesn't mean they can be violatedxrhombus10thAmendment – Powers not delegated to the national government are reserved to the states or people.The Bill of RightsPost Civil War Amendmentsxrhombus13th Amendment: Freed the slaves (1865) -Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.xrhombus14th Amendment: Citizenship, Due Process, Equal Protection (1868) -All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws xrhombus15th Amendment: Right to Vote (1870) -The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.
3xrhombusCitizenship Clause - All persons born or naturalized in the US are citizens.xrhombusDue process clause – The 5th and 14th Amendments to the US Constitution contain a due process clause acts as a safeguard from arbitrary denial of life, liberty, or property by the Government outside the sanction of law.xrhombusThe Incorporation Doctrine made The Bill of Rights applicable to the States.xrhombusUS Supreme Court has used the doctrine of Selective Incorporation to determine which rights in the Bill of Rights apply to the states under the due process clause of the 14thAmendment. Fundamental freedoms protected under selective incorporation include freedom of press, speech and assembly.
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Fall '15
Government, Fourteenth Amendment to the United States Constitution, US Supreme Court