Lecture 15 - Civil Rights and Liberties-student

Lecture 15 - Civil Rights and Liberties-student -...

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Dr. Dan Matisoff POL 1101
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Civil Liberties vs. Civil Rights Civil Liberties – what the government can’t take away 1st Amendment: Right to free speech, Assembly, Religion 2nd Amendment: Right to bear arms Civil Rights – what the government must guarantee No establishment of religion (1st Amendment) Requirement of Due Process (5th Amendment) Requirement of trial standards (6th Amendment) Equal protection under the laws (14th amendment) Civil Rights Act (1964) – non-discrimination in public places
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Bill of Rights 1st 10 amendments to the constitution (have talked about these extensively already) Originally construed to restrict federal government power, not state government 14th Amendment fixed this
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Conflict: Establishment Clause vs. Exercise  Clause Establishment clause: 1) the establishment of a national religion by Congress 2) the preference by the U.S. government of one religion over another. Exercise clause: 1) Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. ..
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Let’s vote 1) Should the government provide transit / secular books for those at private, parochial (religious) schools 1) Yes 2) No 2) Should vouchers be allowed to be used at parochial schools 1) No 2) Yes 3) should there be allowed to be displays including 3) neither,
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Let’s vote (2) 4) Can there be a 10 commandments display on state courthouses? 1) Yes 2) Depends on whether or not there is religious intent 3) No 5) Can there be a daily reading of non-denominational prayer in public schools? 4) Never 5) Yes, if it doesn’t mention God 6) Yes, even if mentions God 7) Yes, Even if it mentions Jesus
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1879 – “wall of separation between church and state” 1947 – rolled back – states could support parochial schools with non-religious activities Secular purpose Not to advance or inhibit religion Must not entangle the govt excessively with religion Agostini v Felton (1997)
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This note was uploaded on 11/29/2011 for the course MATHEMATIC Math 101 taught by Professor Davis during the Spring '10 term at Central GA Tech.

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Lecture 15 - Civil Rights and Liberties-student -...

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