Government week 4 notes
Government week 4 notes 2305
Lone Star College-Montgomery
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This 3 page Class Notes was uploaded by Alexie Bennett on Sunday September 25, 2016. The Class Notes belongs to 2305 at Lone Star College-Montgomery taught by Beggan in Fall 2016. Since its upload, it has received 4 views. For similar materials see Federal Government in Government at Lone Star College-Montgomery.
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Date Created: 09/25/16
20 September 2016 Chapter 4 Civil Liberties and Civil Rights ● Comparing Civil Liberties and Civil Rights ○ The Constitution guarantees Americans Civil Liberties and Civil Rights ○ Civil Liberti- Are freedoms guaranteed to the individual which declare what the government can and cannot do. ■ Sometimes referred to as negative rights because they place limitations on the power of the national government. ■ Example - The Bill of Rights ○ Civil RightsAre powers and privileges guaranteed to an individual which declare what the government must do or provide. ■ Sometimes referred to as positive rightsbecause they protect individuals against arbitrary (unfair) or discriminatory treatment. ■ Example - 13th, 14th, 15th, and 19th Amendments ○ The difference between Civil Liberties and Civil Rights is: ■ Liberties are about freedom that the government cannot limit. ■ Rights are about promoting and protecting equality. ● The Bill of Rights ○ They were not originally included in the constitution. ○ 1) Freedom of Speech, Petition, Press Assembly, Religion ■ The establishment clause, requires the government to maintain neutrality with regard to religion. ■ Cleveland vs. Ohio 2002 School Voucher Case ■ If speech presents a “clear and present danger test” it is not protected. ● Libel - written lies - not protected. ● Slander - verbal lies - not protected. ● Pornography - may or may not be protected. ■ Symbolic Speech - you’re allowed to burn a flag and be protected. ○ 2) The Right to Bear Arms ■ The 2nd Amendment guarantees your right to bear arms. ■ This started off as a group right and has changed into an individual right. ○ 3) No Quartering of Soldiers. ○ 4) No unreasonable search or seizures. ○ 5) Just Compensation, Self Incrimination, Double Jeopardy. ○ 6) Right to a Public Speedy Trial, Counsel, Jury/Judge. ○ 7) Civil Jury Trial. ■ Criminal Law ● Where the state can prosecute you because you hurt society. ■ Civil Law ● Where you have been wronged by an individual and you are seeking compensation. ○ 8) No Cruel or Unusual Punishment, Excessive Fines, or Excessive Bail. ○ 9) This special list of Rights does not mean other rights do not exist. ○ 10) States Rights Amendment Not written in Constitution belongs to states. ● Separate But Equal Doctrine ○ During and after the civil war, we passed the 13th, 14th, and 15th Amendments. ○ Black codes - Segregation ○ Jim Crow Laws - To stop you from moving ■ Literary Tests ■ Property ○ Poll Tax - if you wanted to vote, you had to pay. ○ Plessy vs. Ferguson 1896 - establishes the separate but equal doctrine. ■ In 1954, the Separate but Equal Doctrine was reversed. ○ Brown vs. Board of Education 1954 ■ School integration (mixing of the races)
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