Chapter 4 Lecture Notes on Civil Liberties
Chapter 4 Lecture Notes on Civil Liberties Pls 101
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This 3 page Class Notes was uploaded by Adriana Notetaker on Wednesday September 16, 2015. The Class Notes belongs to Pls 101 at Missouri State University taught by Dr. Jorgensen in Summer 2015. Since its upload, it has received 54 views. For similar materials see American Democracy and Citizenship in Arts and Humanities at Missouri State University.
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Date Created: 09/16/15
Chapter 4 Lecture Notes on Civil Liberties Civil forfeiture law enforcement takes assets from persons suspected of illegal activity 0 Civil Liberties governmental power is limited in certain areas 0 Civil Rights limits on government 0 Limits on freedom of speech 1 If it creates danger 2 Cannot speak against government during times of war 0 Branch of government to deal with these liberties rights Supreme Court Judicial Westboro Baptist Conflict Supreme Court ruled that the actions of the Westboro Baptist church is constitutional despite how upset the majority of the people were 0 Civil Liberties Amendment 14th Amendment D due process passed after Civil War in an attempt to end slavery 14th Amendment also extended individual rights to the states Eminent Domain government may take property from an individual for public use as long as the individual is compensated for it Barron vs Baltimore Maryland39s constitution did not say the individual must be compensated Conclusion of the caseD Dual Citizenship An individual is a citizen at both the federal and individual state level Selective incorporationD After this case the Supreme Court extended federal limits and rights on the power to the states step by step 1 First and Second Amendment were incorporated at the state level 2 The Third Amendment was not States are not required to have the right of a grand jury available to those put on trial 0 The outcome of selective incorporation D nationalizing a right 1 19605 Supreme Court nationalized many rights 2 For the most part the Supreme Court consistently stays conservative and quotbehind timesquot when making decisions Pallt0 vs Connecticut identified many rights as NOT incorporated Plessy vs Ferguson Separate but equal doctrine Brown vs Board ofEducaton overturned Plessy vs Ferguson Concepts 0 Dual citizenship creates inequality 1 Citizens in different states have different rights 2 Goes against the 14th Amendment and due process Supremacy clause 1 Used when a state is opposing laws 2 Ex Colorado can legalize marijuana because they are not opposing any federal laws but creating their own 0 Civil Liberties limit collective action without civil liberties collective action would become tyranny Freedom of speech 0 Not protected D slander libel hate speech ghting words obscenity Where do we draw the line of free speech 1 If it incites fear in a certain population it is not allowed 2 Burning a crossD not protected as free speech 3 Burning a agl protected and considered freedom of expression Right to Privacy Griswold vs Connecticut 1 Court case that incorporated a right to privacy 2 Allows for birth control abortions and homosexuality all kept as private affairs 3 Nothing was explicitly stated in the Constitution to a right to privacy it was implied Right to Die Gonzales v Oregon allowed Oregon doctors to facilitate deaths of the terminally ill Right to Bear Arms 0 District of Columbia v Heller l ruled federal government cannot prohibit individuals from owning guns for self defense
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