Civil Liberties 1 - Civil Liberties Chapter 4 Bill of...

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Civil Liberties Chapter 4 Bill of Rights The Bill of Rights contains the first important limitations on government to protect rights and liberties *Definitions: * Civil liberties : freedom from government Example: First Amendment * Civil rights : status of a person under government Example: Fourteenth Amendment The Status of the Bill of Rights A Limit on the Federal Government Alone? Adding the Bill of Rights *The structure of the Constitution was designed to protect liberty therefore there was no need for a declaration of rights, BUT: *Some delegates at the Constitutional Convention thought the absence of a declaration of rights was a serious weakness *States demanded the addition of the Bill of Rights at their ratifying conventions For more: The National Archives has a very good presentation on the Bill of Rights: * http://www.archives.gov/national_archives_experience/bill_of_rights.ht ml Madison’s Work Madison was persuaded that a Bill of Rights was needed Wrote 17 amendments to the Constitution, 12 of which were passed by the first Congress and sent to the states for ratification *10 Amendments ultimately ratified by the required three-quarters of the states The Result Ten new amendments to the Constitution *These ten amendment comprise the “Bill of Rights” The Role of the Bill of Rights
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*Problem: Which government is limited by the Bill of Rights? A serious question in a federal system *Does the Bill of Rights apply only to the federal government, or does it apply to both the federal government and the state governments? The Impact of the 14 th Amendment Does the addition of new restrictions on the states also change the role of the Bill of Rights ? The 14 th Amendment (1868) Defines citizenship *“NO STATE ” shall: Abridge privileges and immunities of U.S. citizens *Deprive anyone of life, liberty or property without due process of law Deny anyone the equal protection of the laws The Due Process Clause *“No person shall be deprived of life, liberty or property without due process of law…” *The language of the 14 th Amendment mirrors language from the 5 th Amendment *Does this mean that the limitations on government in the Bill of Rights (or at least requirements of due process) are now the same for the states and the federal government? Did the 14
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This note was uploaded on 09/08/2008 for the course PS 1010 taught by Professor Yahrmatter during the Fall '08 term at Wayne State University.

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Civil Liberties 1 - Civil Liberties Chapter 4 Bill of...

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