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Civil Liberties Fall 2009-1

Civil Liberties Fall 2009-1 - Civil Liberties Refer to text...

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Civil Liberties Refer to text: Chapter 4
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Civil Liberties (Ch. 12) Civil Liberties: freedom FROM government restrictions granted in the original U.S. Constitution in the first ten amendments of the Constitution plus a few more specify the freedoms that citizens have from government restrictions, actions, and intrusiveness substantive vs. procedural liberties
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The Bill of Rights (First ten amendments plus a few more over time) Freedom of Speech 1 st Amendment (religion, speech, press, assembly, and petition) Right to Privacy 1 st , 4 th , and 9 th Right to Bear Arms 2 nd Amendment Constitutional Rights of Criminal Suspects 4 th , 5 th , 6 th , 8 th Due Process/Equal protection under
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Incorporation: 14 th Amendment Originally, the Bill of Rights only applied to the national government 14 th Amendment: no person can be deprived of due process or equal protection under the law Over time, Supreme Court decisions have used the 14 th Amendment as the constitutional basis for incorporating most of the Bill of Rights onto the states i.e. limits on the states
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Significance of Incorporation Case law example: Gitlow vs. New York (1925): speech is one of the fundamental liberties protected by the due process clause of the 14 th Amendment Protected freedom of speech from state and local gov’t abridgement Supreme Court cases continued the trend of selective incorporation through the 1960s Consequences in regards to judicial
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1 st Amendment Liberties Freedom of speech (protected speech vs.
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