Lesson 3p - 1 Lesson 3 Chapters 3 ‐ 4 Civil Liberties and...

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Unformatted text preview: 1 Lesson 3 Chapters 3 ‐ 4 Civil Liberties and Rights Introduction • Civil Liberties – Rights guaranteed by . – Protects individuals from actions by . • Civil Rights – Rights protected by the – Protects individuals from actions by Introduction • Bills of Attainder – Laws . • Ex post facto laws – Laws . *Both are . 2 Incorporation of the Bill of Rights • Gitlow v. New York (1925) – Before this case, the Bill of Rights and other amendments were . • Applied only to actions by the federal government. • Rationale – The US Constitution created the federal government and not the state gov’ts. – In this case, the Supreme Court (SCOTUS) held that freedom of speech and the press (in the 1 st Amendment) were , through the . • Or, the states must guarantee these rights. Incorporation • 14 th Amendment, Sec. 1 – “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” – SCOTUS has used the 14 th A & Gitlow to apply some of the Bill of Rights to states. • Fully incorporated: . • Partially incorporated: – – • Not incorporated: . Incorporation • Most of the incorporation occurred during Civil Rights Era – With help from a very liberal Supreme Court. • Installed by over 3 full terms as Pre Installed by , over 3 full terms as Prez. – Including of the 9 SCOTUS justices. *Another reason why the election of a President is important. 3 Interpretation • How much interpretation should there be? – Letter of the Law. The law as it is actually written down • The law as it is actually written down. – Without regard to justice or fairness. – Spirit of the Law. • The intent behind the law. – Very often difficult to decipher what the original intent is. A note about protections… • Courts are not the only ones to protect rights/liberties. – Some amendments explicitly give Congress the power to make laws to protect individuals. • Also, Congress may act within its powers, e.g. Commerce Clause. – State constitutions often provide more protections than U.S. Constitution. • E.g., some states explicitly provide for First Amendment • Rights guaranteed by the 1 st Amendment. – Freedom . – Freedom . Freedom – Freedom . – Right to . – Right to . 4 Freedom of Religion • Two clauses protecting freedom of religion. – The Free Exercise Clause. – The Establishment Clause. Freedom of Religion • Free Exercise Clause – Prohibits governmental interference with one’s religious practices. • Court tends to allow government to regulate religious more than religious ....
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This note was uploaded on 04/14/2009 for the course POLITICAL 1 taught by Professor Nguyen during the Spring '08 term at Saddleback.

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Lesson 3p - 1 Lesson 3 Chapters 3 ‐ 4 Civil Liberties and...

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