Ch 19 Sec 1 Civil Libertis

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12.5 Students summarize landmark U.S. Supreme Court interpretations of the Constitution and its amendments.

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Civil Liberties and Civil Rights

Chapter 19 Section 1

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Topics

I. Civil liberties and civil rights

II. Limited government

III. Incorporation of the bill of rights

IV. Freedom of religion

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I. Civil Liberties and Civil Rights

A. Civil liberties

B. Civil rights

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A. Civil Liberties

• They are protections against government action.

• Civil liberties are the first amendment freedoms– Speech– Press– Assembly– Petition the government

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B. Civil Rights

• Reserved for positive acts of government protection.

• Places a restriction on government action.• Civil rights are protections granted by the

constitution or statute.– Protections from unreasonable search and seizure.– Protections from discrimination.

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II. Limited Government

A. Limited government.

B. Rights are not absolute.

C. Individual vs. community rights.

D. The issue of citizenship.

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A. Limited Government

• The government is not all powerful.– Limited by the consent of the governed.– Limited by the bill of rights.– Limits in the constitution.

• No ex post facto laws.• No bills of attainder.• Habeus corpus protections.

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B. Rights Are Not Absolute

• With freedom, comes responsibility.– I am free…– Am I free to cause harm to others??

• Many of our freedoms have limitations.

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C. Individual Vs Community Rights• Where do your rights end, and others

begin???– Loud radios.– Skateboarding.– Free speech.– Media and fair trials.– Abortion.– Search and seizure….

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D. The Issue of Citizenship.

• Citizenship matters– You receive full rights and protections under

the law.

• What about non citizens?– Resident aliens

• Legal status, some protections

– Illegal resident aliens• Under the radar

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II. The Issue of Incorporation

A. Incorporation of the Bill of Rights

B. Barron vs. Baltimore 1833.

C. The Slaughterhouse cases, 1873

D. Gitlow vs. New York 1925

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A. Incorporation of the Bill of Rights• The bill of rights placed restrictions on the

power of the federal government.

• Do these restrictions also apply to the state governments?

• Much of incorporation will be accomplished by the 14th amendment.

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• Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

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B. Barron Vs Baltimore. 1833

• Construction of Baltimore was causing the river to be diverted and areas of river to become to shallow.

• Barron, who owned a dock, sued on the basis of the 5th amendment.– Government action had caused his business

to become worthless.– 5th amendment stated this could not be done

without just compensation.

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The Decision….

• The supreme court stated that the bill of rights did not bind the states.

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C. The Slaughterhouse cases, 1873.• 14th amendment contained a clause that no state

could “deprive any person of life, liberty or property with out due process of law.”

• State of Louisiana created a monopoly to prevent slaughterhouses from dumping refuse in Mississippi River.

• The Butcher’s condemned the higher prices.

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The Decision

• Court ruled that it was the responsibility of the States to protect individual rights and not a matter of the Supreme Court.

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D. Gitlow vs. New York, 1925

• Benjamin Gitlow Edited a leftist magazine in 1919.– New York raided and arrested him and

hundreds of other supporters.– A state law prevented seditious speech.

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The Decision

• The Supreme Court stated that the due process clause did extend to protect Freedom of press and Speech.– However states could place reasonable

restrictions.

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Terms

• Civil Liberties• Civil Rights• (Selective)

Incorporation• 14th amendment• Due process clause

• Barron vs. Baltimore• Slaughterhouse

cases• Gitlow vs. New York

1925

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What we know

• Individual rights are not absolute (individual vs. collective rights)

• How did the 14th amendment affect the application of the Bill of Rights?

• What is selective incorporation?

Education

Ch 19 Sec 1 Civil Libertis