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LO-05Br+AG+Fund+Amer+Rights - LO-04 Fundamental American...

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LO-04 Fundamental American Rights Civil Liberties & Civil Rights We’ll Examine o Meaning of Civil Liberties v. Civil Rights o History of rights in our democracy o Some of our fundamental rights Religion, speech, right to bear arms. rights of the accused, rights of privacy What are Civil Liberties? o The freedoms citizens enjoy that serve as a protection from the arbitrary actions of government What are Civil Rights ? o Civil Rights are protections the government extends to individuals and groups. History of our rights in a democracy o Democracy doesn’t mean we are free to do whatever we want o Locke: Liberty not = to license Origins of American Civil Liberties/Rights o British traditions , e.g. o Magna Carta – limits power of King o Habeas Corpus Act, 1679 – adequate grounds for jailing o Bill of Rights, 1689 – made King subject to laws of Parliament o Enlightenment period o Derived but Unique American Heritage o Declaration of Independence – o US Constitution o provides civil rights, including important procedural protections, e.g. habeas corpus
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o 14th Amendment – extends Bill of Rights protections to actions of States, But rights can and often do conflict o Rights conflict in two ways: o Individual rights conflict w/ individual rights o Individual rights conflict w/the good of society Solving Conflicts over rights o The courts o Congress o The president o The bureaucracy o The people Civil Liberties/Rights Change/Evolve o Court decisions , e.g. o Civil Rights Act of 1875 declared unconst in 1883 o Plessey v. Ferguson, 1896 o Brown v. Board of Education. 1954 o Heart of Atlanta Motel v. US, 1964 o Etc o Congressional Action, e.g.
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