poli201_lec4(civil rights & civil liberties)

poli201_lec4(civil rights & civil liberties) - POLI...

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Unformatted text preview: POLI 201 / Chapter 4 Professor Finocchiaro 1 CHAPTER 4 The Constitutional Framework and the Individual: Civil Liberties & Civil Rights POLI 201: American National Government Civil Rights and Civil Liberties Although we tend to use the terms interchangeably, a useful distinction can be made between civil liberties and civil rights. Civil Rights and Civil Liberties CIVIL LIBERTIES are protections of citizens from unwarranted government action. CIVIL RIGHTS describe governments responsibility to protect citizens. POLI 201 / Chapter 4 Professor Finocchiaro 2 The History Principle : The history of rights and liberties in America involves History matters. liberties in America involves the changing nature of the federal relationship. The national government has increasingly protected citizens from other government agencies and private actors. The Bill of Rights Although it has been widely popular throughout most of American history, the Bill of Rights (the first 10 Amendments to Bill of Rights (the first 10 Amendments to the Constitution) was controversial at the time of the Founding. The Bill of Rights In Federalist #84 , Alexander Hamilton (as Publius) objected to calls for a Bill of Rights. Hamilton argued: 1. That the Constitution already contained sufficient protections of rights. POLI 201 / Chapter 4 Professor Finocchiaro 3 The Bill of Rights Hamilton further argued: 2 Bills of rights are appropriate in monarchies but are 2. Bills of rights are appropriate in monarchies but are, at least, unnecessary in republics because, as he said, in a republic the people surrender nothing and retain everything. The Bill of Rights 3. Moreover, Hamilton argued that, by enumerating rights, the Bill of Rights would actually restrict the rights Americans enjoyed because Americans enjoyed because They would contain various exceptions to powers which are not granted; and, on this very account, would afford a colorable pretext to claim more than were granted. For why declare that things shall not be done which there is no power to do? The Bill of Rights In partial response to Hamiltons third criticism of the Bill of Rights, the 9 th Amendment was added to the Constitution....
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poli201_lec4(civil rights & civil liberties) - POLI...

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