LO-05+AG+Fund+Amer+Rights

LO-05+AG+Fund+Amer+Rights - LO-05Fundamental American...

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Unformatted text preview: LO-05Fundamental American RightsCivil Liberties & Civil RightsWell ExamineoMeaning of Civil Liberties v. Civil RightsoHistory of rights in our democracy oSome of our fundamental rightsReligion, speech, right to bear arms. rights of the accused, rights of privacyMeaning of Civil Liberties v. Civil RightsoCivil Liberties & Rights sometimes used interchangeablybut have more precise definitionsWhat are Civil Liberties?oThe freedoms citizens enjoy that serve as a protection from the arbitrary actions of government. Such freedoms place limitations on the power of government.What are Civil Rights?oCivil Rights are protections the government extends to individuals and groups. Civil rights obligate the government to protect those civil liberties identified under the law. oIn the US, these include equal treatment under the law regardless of religious, racial, ethnic, or gender.History of our rights in a democracyoDemocracy doesnt mean we are free to do whatever we wantoLocke: Liberty not = to licenseoGreat task of Demo governance - determining what rights we must give up to live in a civilized society and what rights must be retained to preserve ones creativity for societal advancementoNot an easy taskOrigins of American Civil Liberties/RightsoBritish traditions, e.g.oMagna Carta limits power of KingoHabeas Corpus Act, 1679 adequate grounds for jailingoBill of Rights, 1689 made King subject to laws of ParliamentoEnlightenment periodoDerived but Unique American HeritageoDeclaration of Independence We hold these truths to be self-evident..oUS Constitution provides civil rights, including important procedural protections, e.g. habeas corpusoMost notably in the Bill of Rights guaranteeingofreedoms of religion, speech, press, assembly - 1st Amendoright to be secure in their persons, houses, papers, & effects. - 4th Amendorights of persons accused of crimes - 5th AmendoEtco14th Amendment extends Bill of Rights protections to actions of States, adds (1) no deprivations of life, liberty, or property w/o due process of law; nor (2) denial of equal protection under the law.But rights conflictoRights conflict in two ways:oIndividual rights conflictE.g., school prayeroIndividual rights vs. the good of societyE.g., drug lawsSolving Conflicts over rightsoThe courtsoCongressoThe presidentoThe bureaucracyoThe peopleCivil Liberties/Rights Change/EvolveoCourt decisions, e.g.oCivil Rights Act of 1875 declared unconst in 1883oPlessey v. Ferguson, 1896oBrown v. Board of Education. 1954oHeart of Atlanta Motel v. US, 1964oEtcoCongressional Action,e.g.oCivil Rights Act of 1875oCivil Rights Act of 1964oPresidential Actions, e.g....
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LO-05+AG+Fund+Amer+Rights - LO-05Fundamental American...

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