Rights Vs. Liberties Civil rights issues : concerned with questions of equal status and treatment Civil liberties issues : concerned with questions of the freedoms and due process provided by the Bill of Rights
Incorporation Fourteenth Amendment Bill of Rights applies to actions of states, not just federal government Due process clause Applied to Bill of Rights
Barron v. Baltimore In early 1830s, John Barron files suit against city of Baltimore – Alleged that city ruined his wharf business – Claimed protection under Fifth Amendment Supreme Court decides against him – Bill of Rights doesn’t apply to states, only to federal government Early Interpretation of the Bill of Rights
Incorporation Fundamental freedoms protected under selective incorporation Rights that states must protect: Freedom of press Freedom of speech Freedom of assembly
Not Incorporated Second Amendment provision linking “a well-regulated Militia” and the right to bear arms Third Amendment provision against housing troops in private homes Fifth Amendment right to a grand jury Seventh Amendment requirement of jury trials in cases over $20 Eighth Amendment prohibition of excessive bail
Freedom of Religion The Establishment Clause The Free Exercise Clause
The Establishment Clause 1) Engel v. Vitale (1962) 2) School District of Abington Township, Pennsylvania v. Schempp (1963)
The Establishment Clause Separation of church and state Lemon test Must have secular purpose Must not advance or prohibit a religion Must not entangle government with religion
Free Exercise Clause key cases and statutes • Minersville School District v. Gobitis (1940) • West Virginia v. Barnette (1943)
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- Fall '14
- Government, Supreme Court of the United States, First Amendment to the United States Constitution, United States Bill of Rights