Chapter 5 Outline Notes Kailey Lyson - Ch 5 The Bill of Rights and Civil Liberties 5.1 Intro KL-The draft in the First World War was very unpopular-The

Chapter 5 Outline Notes Kailey Lyson - Ch 5 The Bill of...

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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. - 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 - Thousands of cases go through the Supreme Court every year. - Most cases that make it to the Supreme Court involve Constitutional issues. - 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.
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5.3 Your First Amendment Right KL -The first amendment is considered the most important in the Bill of Rights.
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