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HOL Final Notes

HOL Final Notes - 1 Has the Bill of Rights been utilized to...

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1. Has the Bill of Rights been utilized to insure a proper balance between liberty and security, in the administration of criminal justice and the protection of civil liberties? Discuss the changing social context, significant controversies and their resolution. Thesis: The government has too often curbed civil liberties and fundamental rights in cases of criminal justice in the name of security. “Those who would sacrifice Liberty for Security deserve neither” - Civil LibertiesLimits on the First Amendment – Alien and Sedition Acts, Schenck v. United States, Minersville v. Gobitis, Abrams v. United states, Gitlow v. new York - Events that scared people and forced society to sacrifice liberty for security – Palmer Raids, Communist Revolution in China 1917, Industrial Workers of the World - Criminal Justice – Olmstead v. United States, Miranda v. Arizona, Nix v. Williams (expands the scope of the Fourth Amendment) - 9/11, USA PATRIOT Act, Torture, 2. Does the contemporary debate over whether to grant citizenship to illegal immigrants relate to the evolution of the law prohibiting discrimination against Latinos, Chinese Americans, African Americans and Native Americans? Why or why not? Discuss.
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