Ch. 5 The Bill of Rights and Civil Liberties
5.1 Intro KL
-The draft in the First World War was very unpopular.
-The government holds power to call upon its citizens to fight in times of war.
5.2
Defining and Protecting Your Rights and Liberties KL
-The
Schenck
case illustrates the role played by the Supreme Court in defining
constitutional rights.
-When the framers wrote the Constitution, they said almost nothing about the
protection of individual rights and liberties from government abuses.
-The Bill of Rights guarantees two types of rights: Civil Liberties, and Civil Rights.
●
Defining Civil Liberties and Civil Rights
-Civil liberties are basic freedoms.
-These are called “Natural Rights”.
-The government cannot infringe on these rights.
●
Early Challenges in Enforcing the Bill of Rights
-Marbury v Madison helped to lay out the Bill of Rights
-
The Bill of Rights were not universally interpreted until the early 20th Century.
-The Bill of Rights did not apply to state actions at first.
●
New Hope in a new Century
-The early 20th century saw the formation of the NAACP and the ACLU.
-A landmark case for free speech took place in 1919 with Abrams v United
States.
-The Result of Abrams v United States is considered a free speech failure.
●
Incorporation:
Applying the Bill of Rights to the States
-
Gitlow v New York led to the incorporation of the Bill of Rights into state law.
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Gitlow appealed to the Supreme court, arguing that his right to free speech was
violated.
-
The decision was reversed years later, and Gitlow was pardoned by New York.
●
The Role of the Supreme Court Today
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Thousands of cases go through the Supreme Court every year.
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Most cases that make it to the Supreme Court involve Constitutional issues.
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The Supreme Court reviews the decisions of the lower courts.
-
If the Supreme Court decides a decision made in lower courts is
unconstitutional, they have the power to reverse the decision.

5.3 Your First Amendment Right KL
-The first amendment is considered the most important in the Bill of Rights.


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- Fall '16
- Craig Zupi
- Griswold v. Connecticut, United States Bill of Rights