Civil Liberties Notes

Civil Liberties Notes - Civil Liberties - The freedoms...

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Civil Liberties - The freedoms guaranteed to all Americans in the B.O.R. (although some are found in the body of the Constitution) These include: freedom of speech, freedom of religion, and the right to assemble peaceably Original Intent o The theory that judges should interpret the Constitution by determining what the founders intended when they wrote it, not what the judge feels o What was the intent of the men who wrote the amendments of the constitution? o Problems/limitations with original intent Whose intent do the judges interpret? The delegates? The legislative that ratified the amendments? Even when one decides whose intent to examine, it’s not always possible to determine what their intent was; not enough info The precise words used are open to debate (for example, when does a police search become unreasonabl e under the 14 th amendment?; When are punishments cruel and unusual under 8 th amendment?) These limitations are the reason the constitution changes over time Application of the B.o.R to the States o Applied between individual and national gov. o Embedded in many (most) of state constitutions o 14 th amendment prompted the change of extending B.O.R to the states Declares no state shall “deprive any person of life, liberty, or property w/o due process of law”….meant B.O.R should apply to states Due process clause extends civil liberties guaranteed in B.O.R to limit state and local laws Amendment I o Guarantees Americans freedom of speech, freedom to assemble peaceably, freedom of the press, and freedom of religion
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o Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof —establishment clause o Congress shall make no law abridging the freedom of speech, or of the press o Congress shall make no law abridging the right of the ppl peaceable to assemble and to petition the gov for a redress of grievances Alien and Sedition Acts (1798) o Made it illegal for anyone to write, speak, or publish defamatory statements about the federal gov The Espionage Act of 1917 o Made It illegal to interfere with any military activity, including recruitment
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Civil Liberties Notes - Civil Liberties - The freedoms...

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