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Chapter 10 - 1

Chapter 10 - 1. Mr. Plude. Overview. Protecting Constitutional Rights. The Bill of Rights protects Americans’ civil liberties and civil rights. Bill of Rights is not absolute – Common good allows for limits

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Chapter 10 - 1

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  1. Chapter 10 - 1 Mr. Plude

  2. Overview Protecting Constitutional Rights • The Bill of Rights protects Americans’ civil liberties and civil rights. • Bill of Rights is not absolute – Common good allows for limits • Supreme Court has and will establish limits on the actions of state, local, and federal governments. • Courts also places limits on individual liberties

  3. Bill of Rights George Mason Wrote Virginia Declaration of Rights - VDR Proposed Bill of Rights to Constitution – Failed Did not sign Constitution Urged Virginia not to ratify until Bill of Rights included Bill of Rights based on VDR

  4. Bill of Rights Civil Liberties – Freedoms about thoughts and actions of citizens. Ex. - Speech & Religion Civil Rights – Fair and equal status/treatment under the law Ex. - Due process (Miranda)/right to petition

  5. Expansion of Rights • Initially did not cover all persons • 13th,14th, 15th amendments expanded African American Rights • 13th Abolished slavery • 14th defined citizenship / redefined representation in Congress /reduced representation for violating voting rights • 15th Protected the right to vote

  6. Expansion of Rights • 19th Amendment – right to vote cannot be denied based on gender • Presently debates around LGBT and alien immigrant rights

  7. Limits on Civil Liberties and Rights • People do not have complete freedom to do whatever they choose. • Limits created to protect the common good • Cannot yell fire in a crowded theatre • Prohibits speech leading to immediate lawlessness • National security limits in times of war

  8. Limits on Civil Liberties and Rights • Role of the Courts • Examine and redefine the limits over time • Goal to minimize limits as much as possible • Personal freedoms generally limited when their exercise interferes with another's freedoms

  9. The Role of the Courts • Balance protection of civil rights and liberties • Balance maintained through courts • Courts cannot bring action on their own • Rulings issued as cases brought before them

  10. The Role of the Courts • Most Supreme Court cases protecting civil rights occurred after early 1900’s • Special interest groups involved • NAACP - National Association for the Advancement of Colored People • ACLU - American Civil Liberties Union • MALDEF - Mexican American Legal Defense and Education Fund • NOW – National Organization of Women

  11. The Role of the Courts • 14th Amendment - Due Process Clause • Prohibits States or localities from denying Due Process • Laws may not deny equal protections under law • State may not deprive any person of life, liberty or property without due process

  12. The Role of the Courts • Incorporation Doctrine • Courts incorporated or made the Bill of Rights a part of the 14thamendment • Therefore applying Bill of Rights to the States • Overtime much of the Bill of Rights has been incorporated into the 14th amendment through various court cases

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