The Bill of Rights

Ratification of the Constitution in 1789 Federalist and Anti-Federalists Protection of individual freedoms Bill of Rights added in 1791 First 10 Amendments to the Constitution

Civil Liberties and Civil Rights In general, civil liberties are protections against government. They are guarantees of the safety of persons, opinions, and property from arbitrary acts of government. The term civil rights is sometimes reserved for those positive acts of government that seek to make constitutional guarantees a reality for all people.

Original Intent The Bill of Rights were only intended to restrict the actions of the federal government, not the state governments Barron v. Baltimore (1833): states could not be forced to uphold the bill of rights if it conflicted with their state constitutions

The Modifying Effect of the 14th Amendment Gitlow v. New York (1925): court reversed its decision citing the 14th Amendment “Due Process Clause” as reason to force states to uphold the bill of rights (in this case the 1st Amendment) This case began the process of selective incorporation or applying the bill of rights to the states Due Process Clause provides that no State can “deprive any person of life, liberty or property, without due process of law…”. Nationalization of the Bill of Rights Selective Incorporation

Provisions Not Incorporated 2 nd Amendment (Right to bear arms) 3 rd Amendment (No quartering of soldiers) 5 th Amendment (Grand Jury) 7 th Amendment (Trial by jury in civil cases)

Limited Government and Rights Throughout the Constitution, the extent of governmental authority is strictly limited. The rights that the Constitution guarantees to citizens are also limited. People in the United States are free to do as they please as long as they do not infringe upon the rights of others. Rights are relative.