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Unalienable Rights

Unalienable Rights.

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Unalienable Rights

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  1. Unalienable Rights “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed”

  2. Democracy • The majority decides how the government operates. • So abortion, the rights of the accused, gun control , separation of church and state -- are all decided by the majority. • Problem: tyranny of the majority and the victimized minority

  3. Individual Rights • But some rights are so sacred that they cannot be violated by anyone, even the majority • Individual rights have expanded dramatically in the last 40 years to now include abortion, the rights of the accused, separation of church and state and gun control • These issues are no longer entirely decided by elected officials but now by unelected judges

  4. The Bill of Rights • Originally the Constitution did not include free speech, free press, free exercise of religion, right to a speedy and public trial, protection from cruel and unusual punishment • There was widespread concern that this newly created federal government (with its army and ability to tax) would oppress • So the founders agreed to supplement the Constitution with a Bill of Rights – aimed at protecting INDIVIDUAL rights from the FEDERAL government

  5. The Bill of Rights • The first 10 amendments to the Constitution are known as the Bill of Rights • They are civil liberties – protections against government • The Bill of Rights establishes another element of limited government – the belief that the people are free because the government is not

  6. The Nature of Rights • Rights are relative not absolute • There are limits on all rights: • Free speech: speech that would cause imminent unlawful acts, child pornography, speech that would disrupt the learning environment in schools • Free press: articles that would falsely damage a private person’s reputation • Search and seizure: police need a warrant unless . . .

  7. Federalism and Individual Rights • The Bill of Rights initially only applied to the federal government • Because almost all law enforcement was at the state level, that meant the Bill of Rights was limited in its impact • But with the addition of the 14th amendment after the Civil War the Bill of Rights protections began to be applied to the state governments • “No state shall deprive any person of life, liberty, or property, without due process of law”

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