Chapter 4 student(1).docx - Chapter 4 Civil Liberties The crown vs Zenger 1735 legal case in the colony of New York that is considered a precursor to

Chapter 4 student(1).docx - Chapter 4 Civil Liberties The...

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Chapter 4: Civil Liberties The crown vs. Zenger : 1735, legal case in the colony of New York that is considered a precursor to Free Press Provisions in the Constitution. the case did not set legal precedents as but did reflect a difference between Britain's Authority and colonies press freedoms Civil Liberties : personal guarantees and freedoms that govt cannot abridge, by law, const, or judicial interpretation; (As guarantees of “freedom to” action, they place limitations on the power of the govt to restrain or dictate to an individual’s actions Civil Rights : govt-protected rights of individuals against arbitrary or discriminatory treatment by govts or individuals; (provide “freedom from”) I. Roots of Civil Liberties: Bill of Rights (4.1) Federalists: argued that a Bill of Rights was NOT necessary for 3 main reasons 1. B of R not necessary in a const’l republic, plus state const’s contained their own B of R 2. B of R could be dangerous 3. A national B of R would be impractical to enforce-validity depend on public opinion Some Framers disagreed (anti-Federalists) o James Madison and Thomas Jefferson had lively correspondence about the need for a B of R Bill of Rights : first 10 amendments, largely guarantee specific rights and liberties 9 th amend : make it clear t hat listing rights does not mean that other rights do not exist 10 th amend : powers reserved to the states A. Incorporation Doctrine 14 th amend : 1 of 3 major amends enacted after the Civil War, extending “equal protection of the law” to all citizens Due process clause : clause contained in the 5 th and 14 th amendments; over the years, it has been construed to guarantee a variety of rights to individuals Substantive due process : judicial interpretation of the 5 th and 14 th amendments’ due process clauses that protects citizens from arbitrary or unjust state or federal laws o Interference with state pwr was rare and states passed sedition laws: laws that make it illegal to speak or write any political criticism that threaten to diminish respect for the govt, its laws, or public officials. (were overturned as a result of the Gitlow decision) o Gitlow v New York (1925): Supreme Ct case that extended the 1 st Amend’s protections of freedom of speech and of the press to the state govts Incorporation Doctrine : an interpretation of the Const holding that the due process clause of the 14 th amend requires state and local govts guarantee the rights stated in the B of R B. Selective Incorporation and Fundamental Freedoms Not all rights in the B of R guaranteed/applicable to states Selective Incorporation: judicial doctrine whereby most, but not all, protections found in the B of R are made applicable to the states via the 14 th amend
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Fundamental freedoms: those rights defined by the Court as essential to order, liberty, and justice and therefore entitled to the highest standard review (ex: speech, press, assembly are essential; housing soldiers and jury trials are not) Warren Court:
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