Chapter 4 Gov Notes
Chapter 4 Gov Notes POLI 201
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This 3 page Class Notes was uploaded by Brandon Gearhart on Monday October 3, 2016. The Class Notes belongs to POLI 201 at University of South Carolina taught by David Darmofal in Fall 2016. Since its upload, it has received 2 views.
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Date Created: 10/03/16
Test: 40 Q Multiple Choice Chapter 4: Civil Liberties and Civil Rights Are Not the Same Civil liberties are protections of citizens from improper governmental action-what government must not do Civil rights are the legal or moral claims that citizens are entitled to make on the government- how government must treat you Basis of Civil Liberties: The Bill of Rights Remember that to get the Constitution ratified, Federalists had pledged to amend the Constitution by adding a Bill of Rights Adopted by late 1791, the ten amendments that now make up the Bill of Rights include both substantive and procedural restraints on governmental power th 9 amendment: Bill of Rights Not exhausted “The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.” This addressed the Federalist concern that a list of rights would suggest that the list was exhaustive and that there were no other liberties people enjoyed Dual Citizenship The 1 amendment says, “Congress shall make no law respecting an establishment of religion…” This is the only amendment that addresses itself to Congress only For instance, the 5 amendment says simply that “no person” shall be denied due process of law Dual Citizenship and Barron v. Baltimore (1833) The city of Baltimore had been disposing of sand and gravel near a wharf owned by John Barron, rendering the wharf commercially useless th Barron sued the city of Baltimore on the 5 amendment grounds that he had been deprived of property without compensation The supreme court ruled against Barron, stating that the “5 th amendment must be understood as restraining the power of the general government, not as applicable to the states.” Fourteenth Amendment: applies to the Bill of Rights to the states All persons born or naturalized in the United States... are citizens of the U.s and of the state where they reside in No state shall make/ enforce any law which shall abridge the privileges or immunities of citizens of the U.S; nor shall any state deprive any person of life, liberty, or property, without due process of law. Selective Incorporation As early as 1873, the Court ruled that the Fourteenth Amendment did NOT apply the Bill of Rights to the states. In 1897, the Court held that the just compensation clause of the Fifth Amendment would be applied to the states This began a long, slow process of “selective incorporation”- the application of the liberties in the Bill of Rights, one by one, to the states. Selective Incorporation: Still Selective Some parts of the Bill of Rights are still not incorporated into the Fourteenth Amendment The most recent incorporated right is the Second Amendment’s right to bear arms. In McDonald v. Chicago (2010), the Court ruled that the right to defend oneself is “fundamental to the Nation’s scheme of ordered liberty.” Bill of Rights Today: Freedom of Religion “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” The first clause is the Establishment Clause. Tis is sometimes referred to as the separation of church and state. The second clause is the Free Exercise Clause. This protects a citizen’s right to believe and practice whatever religion he/she chooses Lemon test and establishment clause: government can be involved with religion if: o It has a secular purpose o Its effect is neither to advance nor inhibit religion o It does not create excessive entanglement Discussion: Does prayer time in a public school violate the lemon test? The Bill of Rights: Freedom of Speech “Congress shall make no law… abridging the freedom of speech.” The Westboro Baptist Church (Topeka, Kansas) pickets the funerals of American soldiers killed in action with signs reading “Thank God for Dead Soldiers” because they believe these deaths are punishment from God for America’s tolerance of sin Freedom of speech is not absolute o Clear and present danger test-does the speech present a “clear and present danger” to society? o Libel and slander are not protected Morse v. Frederick (2007)- A student holds up a “Bong Hits 4 Jesus” sign as the Olympic torch goes by The Court rules that this is not protected speech In general, one’s speech rights go only as far as not to infringe on someone else’s rights o Speech that directly incites damaging conduct is labeled “fighting words” and may be regulated o What constitutes “fighting words” is not fully settled Political Speech is the most protected kind of speech Speech Plus: Speech accompanied by activities such as sit ins, picketing, demonstrations Protection of this speech is conditional and is acceptable only if balanced by considerations of political order Bill of Rights: Freedom of the Press Frist Amendment also provides for freedom of the press The Court has ruled that this means, among other thigs, no prior restraint- an effort by a government agency to block the publication of material it deems harmful of libelous