AP Gov Unit 5 - Civil Liberties and Civil Rights.pdf - Chapter 5 Civil Liberties The Courts Conflicts Over Civil Liberties \u2605 Civil Liberties\u200b

AP Gov Unit 5 - Civil Liberties and Civil Rights.pdf -...

This preview shows page 1 - 3 out of 8 pages.

Chapter 5: Civil LibertiesThe Courts & Conflicts Over Civil LibertiesCivil Liberties - rights (chiefly, rights to be free of government interference) accorded toan individual by the constitution like free speech and free pressCivil Rights - protection from discrimination based on race, gender, or another minoritystatusEqual Pay Act of 1963, Civil Rights Act of 1964Competition over civil liberties becomes obvious when one person asserts oneconstitutional right or duty & another person asserts a different oneTo address these conflicts, courts must weight which constitutional protectionmerits higher protectionEx. War usually restricts the liberty of some minority (Sedition andEspionage Act)Law is enacted to protect the nation from threats but dismiss the liberties likefreedom of speechEthnic, religious, and cultural differences have given rise to different views as to themeaning and scope of certain constitutionally protected freedomsEx. Boy Scouts didn’t let gay men to be leaders and the court ruled that theScouts could do this because it was a private organizationLiberties detailed in the Bill of Rights would only be applied to the federal governmentIn 1833, the Supreme Court was unsure on what the constitution could dowithin the states but change occurred after civil warDue Process of Law - denies the government the right, without due process, to deprivepeople of life, liberty, and propertyDefined through 6th amendment and Gideon V. WainwrightcaseSpeedy and public trialFair jury present during trialRight to counsel (lawyer)Escobedo V. Illinoisestablished right to counsel during anytimeCross examine witness andTold what charges are against youEqual Protection of the Laws - standard of equal treatment that must be observed bythe governmentNo state could deprive citizens of property without just payment14th amendment nationalized the Bill of Rights making them applicable to states“No state shall deprive any person of life, liberty, and property without dueprocess of law, nor deny to any person within its jurisdiction the equal protectionof the laws”For all the amendments to be applied, they must be incorporated throughsupreme court casesSelective Incorporation Process - process whereby the court has applied most parts ofthe Bill of Rights to the states through court cases
Background image
Dual CitizenshipSupreme Court rules under Barron V. Baltimore (1833)that the nationalgovernment is restricted by the B of Rs but not the statesAmericans were citizens of the US and separately citizens of their ownstatesBill of Rights were not applied to the states at the timeFirst Amendment and Freedom of ExpressionFreedom of expression - right of people to speak, publish, and assembleFreedom of religion - people shall feel free to exercise their religion and governmentmay not establish a religionFree press is essential to a free state and the press should enjoy freedom from priorrestraint
Background image
Image of page 3

You've reached the end of your free preview.

Want to read all 8 pages?

  • Fall '19
  • Supreme Court of the United States, First Amendment to the United States Constitution, Fourteenth Amendment to the United States Constitution

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture