Chapter4 - Chapter 4 Civil Libirties Areas of personal...

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Chapter 4 “Civil Libirties” Areas of personal freedom protected from improper government action -guarantees that protect citizens, opinions, and property against arbitrary government interference -limits the power of the government Bill of Rights Fist 10 amendments Designed to protect the basic freedoms of American citizens Freedoms include: - freedom of Speech and Religion (1 st amendment) -prohibition from unreasonable search and seizure (4 th amendment) -guarantee of due process of law and right from self-incrimination (5 th amendment) Objections to the Bill of Rights Alexander Hamilton (Founding father and federalist) had 3 objections 1. Not appropriate in a republic where citizens give up nothing 2. A Bill of Rights would be dangerous and allow the government to claim more powers (Restraining powers that are not granted could allow a way for govt. to claim more powers than it had.) 3.The Constitution already contained provisions for protecting rights -habeas corpus: cannot deprive a person of liberty without an open trial before a judge -prohibition of bills of attainder: declares a person guilty without a trial -prohibition of ex post facto laws: laws that declare an action to be illegal after a crime has been committed -guaranteed trial by jury Bill of Rights There was much debate about whether or not the Bill of Rights applies to states The passage of the 14 th amendment (1868) fueled the debate - “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the US, nor shall any state deprive any person of life, liberty, or property without due process of law; nor deprive any citizen within the equal protection of the law.”
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Bill of Rights Debate The principle of
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This note was uploaded on 04/02/2011 for the course HISTORY 1101 taught by Professor Staff during the Fall '10 term at Georgia State University, Atlanta.

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Chapter4 - Chapter 4 Civil Libirties Areas of personal...

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