Government and Politics Ch 4 11.27.06

Government and Politics Ch 4 11.27.06 - Government and...

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Government and Politics Monday, November 27, 2006 Articles Chapter 4 - Civil liberties (Bill of Rights) --- not absolute, necessary limits (“fire!” in crowded building) Phrased negatively – prevents government from doing things US Constitution does not necessarily prevent individual states from infringing upon certain liberties (prevents Congress) 14 th amendment – due process of law (interpreted by the Supreme Court to apply Bill of Rights to state as well) --- Selective incorporation Civil Rights Often seen in a positive light Government called upon to insure that one enjoys certain rights (equality) Hate speech is prohibited, because it lends towards inciting violent action Freedom of speech is limited The responsibility ultimately falls on the Supreme Court Freedom of Religion (1 st amendment) Establishment clause – church/state relations, interpreted to mean separation of church and state Free exercise clause – Congress can regulate practices however Clear separation – no correlation between religion and government Accomidationist view – government cannot provide support through religious organizations Lemon v. Kurtzman case (1971) Held that for government action to be held constitutional: - must avoid sponsorship, financial support, or active involvement in religion - action must have a secular legislative purpose (provide for general welfare) - must neither advance nor inhibit religion - avoid excessive government entanglement Freedom of Speech (1 st ) People freely express views without persecution Marketplace of ideas
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This note was uploaded on 05/07/2009 for the course POS 110 taught by Professor Lehman during the Fall '08 term at ASU.

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Government and Politics Ch 4 11.27.06 - Government and...

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