Civil Liberties

Civil Liberties - Civil Liberties Thursday, March 17, 2011...

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Civil Liberties Thursday, March 17, 2011 11:01 AM Civil liberties - protection from the government o Congress shall make no law - Amendment 1 Opens the door to the SC - guardians of civil liberties according to Madison o Not subject to public opinion o Interpretation often unclear What does it mean to "establish a religion?" Federalist 74 - why declare and write these things down? Acquired in several steps o Bill of Rights Anti-Federalists wanted minorities' rights not to be abridged or removed The 14th Amendment Incorporation - citizenship cannot be restricted on based on color, blacks are citizens o Took the court a while to incorporate the 15th Amendment Slaughterhouse Cases One slaughterhouse had a monopoly and the others wanted to fight that 14th Amendment not yet incorporated What is legitimate expression? o Schenck v. United States (1919) Clear and present danger - Schenck is telling draftees not to go to WWI, he says its his freedom of speech The question in every case is whether the words used are in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that congress has a right to prevent o Texas v. Johnson (1989) Burned US flag in 1984 at the Republican National Convention in Dallas, TX Protestors chanted, "Red, white, and blue; we spit on you." If there is a bedrock principle underlying 1st amendment, we are
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This note was uploaded on 01/16/2012 for the course POLI 100 taught by Professor Rabinowitz during the Spring '07 term at UNC.

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Civil Liberties - Civil Liberties Thursday, March 17, 2011...

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