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topic 4 - individuals II PROTECTION OF CIVIL RIGHTS AND...

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TOPIC 4: Civil Rights and Liberties INTRODUCTION A. Fundamental Questions 1. Liberty vs. social order; individual vs. govt. 2. Delicate balance 3. Ultimate test of the performance of democracy B. Political Conflict I. GENERAL NATURE OF CIVIL RIGHTS AND LIBERTIES A. Characteristics 1. Equality- all human beings are inherently equal 2. Human dignity- we are all human. This is what makes us different from other species. 3. Freedom- If everyone is equal and possesses this human quality, they ought to have an equal freedom to express their liberties to exercise opinions. B. Distinction between Civil Liberties and Civil Rights 1. Shield and Sword 2. Civil Liberties = Shield a. Negative safeguard against government action b. When government is prevented from acting in order to protect or not unreasonably limit freedom c. Ensure that individuals are free to make choices 3. Civil Rights = Sword a. Positive weapon wielded by government b. Government takes the initiative to protect helpless c. Ensures that freedom is not arbitrarily denied to certain categories of
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Unformatted text preview: individuals. II. PROTECTION OF CIVIL RIGHTS AND LIBERTIES A. Rights and Liberties are Not Absolute 1. Conflict between liberty and social order 2. Conflict between rights B. Exercise of Civil Rights and Liberties 1. “You can exercise your right only as long as it does not interfere with someone else’s rights” 2. Wrong! Your liberty will almost always come into conflict with someone else’s right 3. Exercise of civil rights is a Political Problem 4. Whatever the majority will tolerate III. Discussion of Specific Civil Rights and Liberties The 10 Bill of Rights are only binding on the national government. (Didn’t apply to the states.) 13 th amendment- prohibits slavery 14 th amendment- “No state shall…” The Supreme Court established that the due process clause in the 14 th amendment only applied to some of the amendments in the Bill of Rights, others did not. Mapp vs. Ohio Roe vs. Wade Brown vs. Board of Education...
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topic 4 - individuals II PROTECTION OF CIVIL RIGHTS AND...

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