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Civil Liberties

Civil Liberties. What are your civil liberties? Rank them in order of importance Example of a current civil liberty issue. Difference between Civil Liberties and Civil Rights. Liberties: guaranteed rights Protections from Government Bill of Rights Concern over new central gov’s power

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Civil Liberties

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  1. Civil Liberties What are your civil liberties? Rank them in order of importance Example of a current civil liberty issue

  2. Difference between Civil Liberties and Civil Rights • Liberties: guaranteed rights • Protections from Government • Bill of Rights • Concern over new central gov’s power • Rights: guaranteed protections • Unequal treatment • 14th Amendment • Protection by the government

  3. John Locke and Social Contract • People exchanged total freedom (anarchy) for protection by a government • Constitution’s Bill of Rights prevents the federal government from infringing on your rights

  4. Does the Constitution stop state and local gov.’s from infringing on your rights? • No. Constitution days nothing about state and local governments overstepping. • Can states / local gov.’s deprive you of your 1st Amendment rights today? NO because of . . .

  5. 14th Amendment • All persons born or naturalized in the US, and subject to the jurisdiction thereof, are citizens of the US 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 US; 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.

  6. The same rules that stop the federal gov. applies to states as well Privileges and immunities: protecting rights from government interference Equal Protection Clause: assuring equal treatment Due Process Clause:S as prescribing the procedures that government must follow when it takes away life, liberty or property.”

  7. Gitlow v. New York (1925) • SC ruled – just as the national gov. could not violate your rights from the Bill of Rights, neither could the state governments. • Selective Incorporation • Incorporation of most of the provisions of the Bill of Rights to all people in all states • Probably the most important cons. Development since its writing.

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