Chapter 5 The Bill of Rights and Civil Liberties

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Presentation transcript:

Chapter 5 The Bill of Rights and Civil Liberties Government Alive! Chapter 5 The Bill of Rights and Civil Liberties

5.2 Defining and Protecting your Rights and Liberties Framers of the Constitution wrote out many things that they could do and almost nothing about what they could not do. Bill of Rights addressed that omission. What group of politicians wanted a Bill of Rights added to the Constitution?

Defining Civil Liberties and Civil Rights Basic freedoms that are considered the birthright of all individuals. Civil Rights: Rights that come with being a member of society. Not protections from government They are guarantees by government: fair treatment under the law and equal rights

Early Challenges in Enforcing the Bill of Rights Bill of rights had to be interpreted and applied under actual circumstances. Did it apply to actions by state governments? Baron v. Baltimore 14th Amendment Plessey v Ferguson Equal Protection Clause

New Hope in a New Century NAACP & ACLU Gave voice to citizens who felt their rights were being violated

Incorporation: Applying the bill of Rights to the States Gitlow v New York Prosecuted for and convicted for “dangerous” speech Due Process clause of the 14th Amendment did extend the 1st Amendment to the states. Incorporation Applying the Bill of Rights to states through Supreme Court decisions.

The role of the Supreme Court Today Job of SC is not to retry the original case, but rather to review legal decisions made by the lower courts. If SC finds the decision unconstitutional: reverse the decision, send back to lower courts for appeal May alter its original decision, dismiss case, new trial

Precedent Example for all courts to follow in similar cases in the future Sometimes Court overturns its own precedents. 1954 “separate but equal”, segregation Brown v. Board of Education “Separate educational facilities are inherently unequal” Violation of 14th amendment