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rights_liberties - FINAL EXAM December 9th 8-11(9:05 class...

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11/15/11 1 CHAPTERS 4 & 5 CIVIL RIGHTS AND CIVIL LIBERTIES FINAL EXAM December 9 th 8-11 (9:05 class) December 12 th 12-3 (11:15 class) Do not miss this date and time. Twice as long as a regular exam: 50 multiple choice questions 8 short answer questions The first half is like test 4: covers public opinion, the media, and civil liberties/civil rights The second half is cumulative, with questions drawn from the material for the first three units WHAT’S THE DIFFERENCE? Civil rights are: Those protection by government power Things government must secure on behalf of its citizens Equal opportunity Civil liberties are: The Constitution’s protections from government power Rights that cannot be taken away: speech, religion, etc. WRITING RIGHTS AND LIBERTIES INTO THE CONSTITUTION The Constitution, as it emerged in 1787, did not seriously address civil liberties The framers believed a bill of rights was not necessary if the institutions of government were designed correctly. Others believed that listing rights in the Constitution might imply that the federal government had the authority to restrict freedoms that were not expressly protected.
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11/15/11 2 THE BILL OF RIGHTS CHECKS MAJORITY RULE Framers understood that civil liberties policy would at times check majority preferences. Many liberties are protected by the bill of rights. First amendment: “Congress shall make no law,” which covers six different area of personal and political liberty: Respecting an establishment of religion Or prohibiting the free exercise thereof Or abridging the freedom of speech Or of the press Or of the right of the people peaceably to assemble And to petition the government for a redress of grievances THE BILL OF RIGHTS CHECKS MAJORITY RULE The clear and absolute language of the Bill of Rights offers little latitude to politicians who might want to change its constitutionally protected liberties. However, some amendments are not as clear cut: Establishment clause of First Amendment: does it prevent prayer in public schools? Eight amendment: what does “cruel and unusual punishment” mean? All three branches of government may disagree over what the Bill of Rights actually means. NATIONALIZATION OF CIVIL LIBERTIES Over the past century or so, determination of national policy in the field of civil liberties has shifted. Once exclusive jurisdiction of states and communities. Barron v. Baltimore (1833): Public state blockage of a private wharf. Barron sued arguing the 5 th amendment (no person shall be deprived of property without due process of law) applied at the state level. The Court said no, it doesn’t.
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rights_liberties - FINAL EXAM December 9th 8-11(9:05 class...

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