Civil Liberties and Civil Rights

Civil Liberties and Civil Rights - Last Time Federalism...

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Civil Liberties and Civil Rights Professor Reeves 1 Last Time: Federalism Development of Federalism. Dual > Cooperative > Regulated > New Balance between state and national power. Interpretation of the Commerce Clause. 2 Lecture Outline Civil Liberties The Bill of Rights Today Civil Rights 3 4
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The Bill of Rights First ten Constitutional amendments. Series of “thou shalt nots.” Substantive ( e.g. establish religion, seizing private property). Procedural (e.g. presumed innocent). Basis of civil rights. 5 Civil Rights The legal or moral claims that citizens are entitled to make on the government. 6 The Bill of Rights I: Freedom of religion, of speech, and of the press. II: Right to keep and bear arms. III: Quartering of soldiers. IV: Security from unwarrantable search and seizure. V: Right of accused in criminal proceedings. 7 The Bill of Rights VI: Right to speedy trial, witnesses, etc. VII: Trial by jury in civil cases. VIII: Bails, ±nes, and punishments. IX: Reservation of rights of the people. X: Powers reserved to states or people. 8
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Civil Liberties Nationalizing the Bill of Rights 9 Bill of Rights Apply to only national government? or national government and state governments? 10 Bill of Rights First Amendment: “Congress shall make no law. ..” Only amendment addressed exclusively to national government. “the right of the people. .. ”; “no person shall be. ..” 11 Dual Citizenship Barron v. Baltimore (1833) City of Baltimore dumps sand and gravel in water near Barron’s wharf destroying value. Barron sues city under 5th Amendment. Supreme Court: 5th Amendment does not apply to state, only national government. 12
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Dual Citizenship Chief Justice John Marshall: the fFth amendment must be understood as restraining the power oF the General Government, not as applicable to the States. 13 Dual Citizenship DeFnition: Dual citizenship meant that the Bill oF Rights did not apply to decisions or procedures oF state governments. 14 14th Amendment All persons born or naturalized in the United States, and subject to the jurisdiction thereoF, are citizens oF the United States and oF the State wherein they reside. No State shall make or enForce any law which shall abridge the privileges or immunities oF the United States; nor shall any state deprive any person oF liFe, liberty, or property without due process oF law. 15 14th Amendment Effort to extend Bill of Rights to all states. Stymied by the Supreme Court. Court was “making decisions as though the amendment had never been adopted” (LGS, p. 115) 16
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14th Amendment: Slaughter House Cases Corrupt Louisiana legislator gives monopoly to New Orleans slaughter house. Other slaughterhouses sue under Fifth
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This note was uploaded on 01/28/2010 for the course PO PO211 taught by Professor Reeves during the Fall '09 term at BU.

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Civil Liberties and Civil Rights - Last Time Federalism...

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