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Civil Rights vs Civil Liberties
Civil Rights and Civil Liberties
• CR: positive acts of gov’t to protect your rights, generally
promoting equality and preventing discrimination (voting
rights)
– The government steps in to protect these rights
• CL: protections against gov’t, you are more free when
government is limited (freedom of speech)
– You want the government to stay out, so you are more free.
• Do you have a right to a promotion? No. But you have a
right to not be discriminated against.
• Your rights are not absolute. You may not do something
that infringes on other peoples rights
Bill of Rights
• Added as a compromise btn which 2 groups at
the Constitutional Convention?
• First 10 amendments
• Not so much your rights/freedoms, but rather
limits placed on government
• …limits on which government?
• The BoR protects CRs or CLs?
• Which dilemma corresponds?
Barron v Baltimore (1833)
• SCOTUS clarifies that BoR only restrains the
national government
The 1st Amendment
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Establishment clause (Lemon Test)
Free Exercise Clause
Other freedoms?
Texas v Johsnon and Tinker v Des Moines
Limits on free speech:Libel, slander, sedition,
obscenity (Miller v California), “clear and
present danger” (Schenck v US)
• Lemon Test
The 2nd Amendment
• “keep and bear”
The 3rd Amendment
• Quartering
4th-8th
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In parnters complete interpretations
Read about the 4th Amendment
Do Case Study
Exceptions as a class
The 4th Amendment
• Searches and warrants
• Must have warrant/probable cause
• Judicial and executive branches together
• Mapp v Ohio
– Incorporates 4th (we will cover what this means
soon)
– Establishes exclusionary rule
– Exceptions to exclusionary rule
The 5th
• Rights in criminal cases
– Grand jury
– No double jeopardy
– Right to not testify against yourself
– “nor be deprived of life, liberty, or property,
without DUE PROCESS of law
– “nor shall private property be taken for public use,
without just compensation”
The 6th
• Fair Trial
– Speedy
– Public
– Impartial jury
– Wherein the crime shall have been committed
– Witnesses
– Councel
• Gideon v Wainwright (incorporates the 6th)
The 7th
• Rights in civil cases
– Jury trial
– Suits
*plaintiff/defendant
The 8th
• No excessive bail
• No excessive fines
• No cruel or unusual punishments
So far, how many relate to your
property?
• Locke would be so proud!
The 9th
• “Rights retained by the people”
• Very broad and generic
• Addresses the problem of not being able to list
every single possible right by securing people’s
unenumerated rights
• If the constitution does not specifically recognize
a particular right, it should be left to the people
• Leaves many questions:
– What are those rights?
– Who determines what those rights are?
10th Amendment
• “Reserved Powers” or “States Rights Amend.”
• If the Const. does not specifically grant a
power to the nat’l gov’t, nor prohibit it to the
states, it should be left to the states
• Very broad and generic and vague  political
questions around federalism
So do you have a right to privacy?
• Griswold v Connecticut (3,4,9)
Incorporation – 14th Amendment
• Reconstruction Amendment
• Privileges and immunities
• Another due process clause! why?
• Incorporation has been slow, selective, and
incomplete
• Amendments and cases of incorporation (pg 99)
Gideon v Wainwright Video
When SCOTUS incorporates:
• Case must involve a right from the BoR
• Case involves the 14th amendment’s Due Process
Clause
• Result is that states must respect that
amendment
Example
Gideon v Wainwright:
6th + 14th = All states must provide counsel to those
accused in criminal cases
Effect of Incorporation
• Bill of Rights used to be seen as limits on
government (government stay out!)
• Now, Bill of Rights often seen as what the
government needs to protect (government,
make sure I have this!)
HW: cases to add to your catologue