Ginsberg Chapter 4

Ginsberg Chapter 4 - 1 Chapter 4: Civil Liberties &...

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1 Chapter 4: Supreme Court decisions in the area of civil liberties and rights often illustrate the tension between liberty and order. In American society, the Supreme Court has been called upon to resolve conflicts between liberty and order. Civil liberties, mainly found in the Bill of Rights , are protections against government infringement on the rights of citizens. Civil Rights are limitations made by the government on what it or citizens may do based on group identity or other identifiers, such as race, religion, gender…. . Civil Liberties Dual citizenship: The SC decision in Barron v. Baltimore (1833 ) meant that citizens were citizens of both the nation and the state where they lived. This meant that the Bill of Rights only applied to federal law, not state law. The 14 th Amendment was used to make the Bill of Rights apply at the state level, and has been used to extend civil rights to all citizens. It reversed Barron v. Baltimore, and established national citizenship Due Process of Law: The 5th and 14th Amendments provide for due process to protect individuals from the arbitrary power of the state. Due process means that national and state governments may not move against citizens in any way except within the framework of the law. Substantive due process: in which laws must be reasonable. Procedural due process : refers to the manner in which the laws are administered. The 1 st Amendment: “ Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievance”. The Establishment Clause: Prohibits establishment of a state religion and also prohibits the government from favoring one religion (or set of religious practices) over another. 1. SC strict on school prayer, but less strict on public religious iconography, or local community sponsored religious activities 2. Strict on religious displays in federal or state judicial premises 3. The LemonTest established the parameters within which religious schools may receive federal funding. 1) The $ will be used for a secular purpose 2) The effect is to neither advance nor inhibit religion 3) It does not entangle government and religion in each other’s affairs.
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2 The Free Exercise Clause: Protects the right of citizens to worship in any way they choose, or not to worship at all. The SC did allow the government to prohibit some religious activities, mostly taking drugs as part of religious practice. Congress reversed the SC with the Religious Freedom Restoration Act which states that the government must present that the government has a “compelling interest” in prohibiting a religious practice. Freedom of Speech:
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Ginsberg Chapter 4 - 1 Chapter 4: Civil Liberties &...

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