Civil Liberties - Civil Liberties freedoms guaranteed to...

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Civil Liberties – freedoms guaranteed to all Americans in the Bill of Rights Civil Rights – equality of rights for all people regardless of race, sex, ethnicity, religion, and sexual orientation The Constitution contains the rules that guide American government – these rules like all other rules are open to interpretation and judgment. - umpire analogy Two primary schools of thought – Original Intent – theory that judges should interpret the Constitution the determining what the founders intended Benefit – should lead to a relatively stable interpretation Difficulties – constitution is vague Limited documentation of intent Whose intent – states or framers Change in context While original intent has played a key role in the interpretation of the constitution – the beliefs and attitudes have help shaped how we currently interpret many of the rules that we now operate under. Although the Bill of Rights were ratified in 1791, it has only been over the past 100 years that many of them have been defined and refined. The freedoms granted in the Bill of Rights are NOT absolute. The debate is generally over how many limits can be imposed. Incorporation – the process by which the Bill of Rights have been applied to the States (14 th Amendment) Freedom of Speech Found: 1 st Amendment Key Court Cases:
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1919 Schenck v. U.S. establishes that free speech is not an absolute right
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This note was uploaded on 04/17/2008 for the course PS 110 taught by Professor Scottj.lasley during the Spring '08 term at Western Kentucky University.

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Civil Liberties - Civil Liberties freedoms guaranteed to...

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