Chapter 4: Civil Liberties - Chapter 4 Study Guide Civil Liberties 4.1 Roots of Civil Liberties The Bill of Rights A Civil Liberties are the personal

Chapter 4: Civil Liberties - Chapter 4 Study Guide Civil...

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Chapter 4 Study Guide: Civil Liberties 4.1: Roots of Civil Liberties: The Bill of Rights A. Civil Liberties are the personal guarantees and freedoms that government cannot abridge, by law, constitution, or judicial interpretation. As guarantees of freedom to action, they place limitations on the power of the government to restrain or dictate an individual’s actions. a. Guaranteed by the Bill of Rights B. Civil Rights provide freedom from arbitrary or discriminatory treatment by government or individuals. C. The Judiciary’s role is to balance the competing interests of citizens with the interests of Government. There is often tension between a person or group’s exercise of a right and government’s right to maintain order and public safety. The exercise or enjoyment of rights or liberties is not absolute. D. After the Philadelphia convention, James Madison conducted a lively correspondence with Thomas Jefferson about the need for a national Bill of Rights. Jefferson supported such guarantees far more quickly than Madison, but, the reluctant Madison soon found himself in a close race against James Monroe for a seat in the House of Representatives in the First Congress. The district was largely Anti-Federal[, compelling Madison to support the creation of a national Bill of RIghts.] E. In an act of political expediency, Madison issued a new series of public letters similar to The Federalist Papers , in which he vowed to support a bill of rights. Once elected to the House, Madison made good on his promise and became the prime author of the Bill of Rights. F. The proposed Bill of Rights was sent to the states for ratification in 1789, the same year the First Congress convened. By 1791, the states had approved most of its provisions. G. The Framers intended the Bill of Rights to limit the national government’s power to infringe on the rights and liberties of the citizenry H. John Barron, a Baltimore businessman, ran a successful docking business off the city’s wharf. As the city entered a period of extensive construction, dirt was deposited onto Barron’s wharf. In addition, sand and silt drifted to his section of the wharf, making it unusable as a harbor for ships. Barron sued the city and state for damages, arguing that the city took his lands ‘without just compensation’, as guaranteed by the Fifth Amendment of the US Constitution. I. The Marshall court ruled that Barron has no federal claim because enumerated rights contained in the BIll of Rights bound only the national government. J. In other words, the Supreme Court ruled that the Bill of Rights limited only the actions of the U.S. Government and not those of states.
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  • Government, Civil Liberties, First Amendment to the United States Constitution, Fourteenth Amendment to the United States Constitution, US Supreme Court

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