C15 - Civil Liberties Protections Under the Bill of Rights...

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Civil Liberties: Protections Under the Bill of Rights Several terms-civil liberties, civil rights, and legal privileges are often interchangeable when discussing rights and freedoms. Civil liberties are the constitutional protections of all persons against governmental restrictions on freedom of conscience, religion, and expression. Civil rights are of all persons to due process and the equal protection of the laws.Legal privileges are granted by government and may be subject to conditions or restrictions. Rights in the Original Constitution Habeas corpus No bills of attainder No ex post facto laws No titles of nobility Trial by jury in national courtsProtection for citizens as they move from one state to anotherProtection against using the crime of treason to restrict other activities Guarantee that each state has a republican form of government No religious test oaths as a condition for holding a federal officeProtection against the impairment of contracts The Bills of Rights and the States Civil libertiesare the constitutionally protected freedoms of all persons against government restraint: the freedoms of conscience, religion, and expression. Civil rightsare the constitutional rights of all persons to due process and equal protection of the laws: the constitutional right not to be discriminated against by governments because of race, ethnic, religion, or gender. Legal privilegesare granted by governments and may be subject to conditions and restrictions. The guarantees of the Bill of Rights originally applied only to the national government, not the state governments. It was not until the Fourteenth Amendment was adopted in 1868 that there became a way for the restrictions in the Bill of Rights to be applied to the states. Ex post facto lawis a retroactive criminal law that works to the disadvantage of a person. Due process clauseis a clause in the Fifth Amendment limiting the power of the national government; a similar clause in the Fourteenth Amendment prohibits state governments from depriving any person of life, liberty, or property without due process oflaw. Selective incorporationis the process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment, and so applied to state and localgovernments. Freedom of Religion
Establishment clause:In the First Amendment, prohibiting Congress from making laws establishing any religion in conjunction with the government. Some critics interpret the clause loosely: The government should not favor one religion over another in its policies. Others, including Thomas Jefferson, argue that the establishment clause endorses the separation of church and state.

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