Chapter 16 - Chapter 16: Civil Liberties and Civil Rights...

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Chapter 16: Civil Liberties and Civil Rights Civil Liberties : refer to the freedoms that individuals enjoy and that governments cannot invalidate Civil Rights : refer to the powers and principles that belong to us by virtue of our statue as citizens Civil Liberties and Civil Rights: Foes and Friends: o Elite Democrats support civil liberties and civil rights, believe ordinary citizens whom popular democrats trust are intolerant and repressive o Major attacks on civil liberties are from Elite democrats o Opposition come from both the Elite and Popular Democrats o Popular Democratic movements have been a major source of cases for the Supreme Court The Legal Defense Fund of the National Association for the Advancement of Colored People (NAACP) Pioneer civil rights organization Contemporary Women’s Movement o American Civil Liberties Union (ACLU ): formed to defend the speech against government repression of dissenters during WWI Civil Liberties and Civil Rights Historical Base: o Americans believe Civil Liberties and Civil Rights are their birth right o Three Critical Movements in the struggle for both: 1. The Bill of Rights 2. The Civil War Amendments to the Constitution 3. Constitutional Revolution of the 1930’s The Bill of Rights: o Constitution drafted in 1787 gave limited recognition to civil liberties and civil rights o Provisions made include the right of habeas corpus : persons placed under arrest must be promptly brought before a judge o Prohibit the federal government from passing bills of attainder : laws that inflict punishment on individuals without trials o Prohibit ex post facto laws : laws that make an act committed in the past a punishable offense o Anti Federalist insisted the Constitution be amended to guarantee explicitly the basic liberties and rights to people o Bill of Rights : James Madison’s ten amendments added to the Constitution Did not address equality for minorities or women o Impact of Bill of Rights was limited by two factors: 1. the meaning of its words would be determined only as specific cases reached the Supreme Court 2. Supreme Court ruled in Barron v. Baltimore that the Bill of Rights applied only to the federal government and did not impose any restraints on state governments
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Civil War Amendments: o Extended the Bill of Rights in two ways: 1. Added an Emphasis not only on liberty but also equality 2. aimed to prohibit invasions of rights by state governments rather than by federal governments o Emphasized equality in the treatment of former slaves o Amendments include: 13 th Amendment : abolished the institution of Slavery 14 th Amendment : protected the freed slaves against discrimination or repression from former masters 15 th Amendment : right of suffrage to freed slaves if male Constitutional Revolution of the 1930’s: o Was an expression of the popular democratic spirit of the New Deal o Made civil liberties and civil rights the principle business of the Supreme Court o U.S v. Carolene Products Co
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Chapter 16 - Chapter 16: Civil Liberties and Civil Rights...

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