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Unformatted text preview: LO-04Fundamental American RightsCivil Liberties & Civil RightsWe’ll 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 privacyWhat are Civil Liberties?oThe freedoms citizens enjoy that serve as a protection from the arbitrary actions of governmentWhat are Civil Rights?oCivil Rights are protections the government extends to individuals and groups. History of our rights in a democracyoDemocracy doesn’t mean we are free to do whatever we wantoLocke: Liberty not = to licenseOrigins 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 – oUS Constitutionoprovides civil rights, including important procedural protections, e.g. habeas corpuso14th Amendment– extends Bill of Rights protections to actions of States, But rights can and often do conflictoRights conflict in two ways:oIndividual rights conflict w/ individual rightsoIndividual rights conflict w/the good of societySolving 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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This note was uploaded on 08/31/2011 for the course INTA 1200 taught by Professor Birchfield during the Spring '08 term at Georgia Institute of Technology.
- Spring '08