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07CivilLibs_bw_ - American Government Lecture 7 Civil...

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American Government Lecture 7 - Civil Liberties Amendments I - V
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Exam I - 50 Multiple Choice 1. The term “Civil Liberty” refers to: 1. Something the government can’t do 2. Something the government must do 3. The freedom to be civil to people 4. The Statue of Liberty’s full name 2. The Bill of Rights protects all of the following EXCEPT: 1. Freedom of Speech 2. Freedom of the Press 3. Freedom from unnecessary search and seizure 4. Freedom for all people to vote
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Bill of Rights Anti-Federalists demand a Bill of Rights Included in most State Constitutions Crafted after the Virginia Declaration of Rights To ensure ratification, Federalists agree House passes 17 amendments Senate passes 12 of those States ratify 10 amendments Eleventh is eventually added as Amendment XXVII One not ratified dealt with size of House
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Non-application and Selective Incorporation Barron v. Baltimore (1833) City of Baltimore diverts canal New channel deposits silt in harbor, ruining docks Dock owner sues for violation of amendment V Supreme Court decides Bill of Rights only apply to the Federal government Stands until the incorporation of XIV 1868 Amendment XIV “No State shall…” 1897 Amendment V applied to States Supreme Court refuses to apply all amendments Little incorporation for 40 years After the “Switch in time”, Court focuses on civil liberties
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Amendment I “Congress shall make no law respecting an establishment of religion , or prohibiting the free exercise thereof ; or abridging the freedom of speech , or of the press , or the right of the people to peaceably assemble , and to petition the government for a redress of grievances Five Major Democratic Freedoms Freedom of Religion Freedom of Speech Freedom of Press Freedom of Assembly Right to Petition for the Redress of Grievances
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I. Freedom of Religion “Congress shall…make no law respecting an establishment of religion , or prohibiting the free exercise thereof Two Clauses Establishment Clause Free Exercise Establishment Clause Congress shall make no law establishing religion “Wall of Separation between Church and State” Also regulates government encouragement Lemon Test Must have secular purpose Effect must neither advance nor inhibit religion Does not entangle religion or government
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Free Exercise of Religion Congress cannot make any law prohibiting free exercise of religion Including the right not to have a religion Pledge of Allegiance Minersville School District v. Gobitis (1940) West Virginia v. Barnette (1943) Various practices Church of Lukum: Babalu Aye v. Hialeh (1993) Wisconsin v. Yoder (1972) School Prayer, Pledge and Money “Under God”
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II. Freedom of Speech Democracy requires communication of ideas Lasted less than 10 years originally Alien and Sedition Acts of 1791 Still has bounds upon it
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  • Winter '08
  • Staff
  • First Amendment to the United States Constitution, Fourth Amendment to the United States Constitution, Fourteenth Amendment to the United States Constitution, United States Bill of Rights, court rules

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