1. The Bill of Rights And Civil Liberties
Chapter 5
The Bill of Rights
And
Civil Liberties

2. Civil Liberties Freedom of………… Speech Religion Press Assembly
From unreasonable search & seizure

3. ?????
Does the government have the “right” to limit citizen’s civil liberties?
When??
Why???

4. Yes…. If the action causes a danger to others….
Clear and Present Danger
Schenck v US

5. Civil Liberties are NOT Civil Rights
Due Process
Vote
Trial by jury
Legal counsel
CAN NOT BE TAKEN AWAY

6. Ch 5.2
Defining & Protecting Your Rights & Liberties

7. Schenck case Supreme Court defined Constitutional rights
“C” said a lot about what government could do but not much about what it couldn’t do
Bill of Rights fixed that

8. Bill of Rights Guarantees 2 types of rights Civil Liberties
Civil Rights

9. Civil Liberties Basic Freedoms All individuals Natural Rights
Gov can take away or infringe on

10. Civil Rights Not protections from Government
Guarantees by government of equal rights and fair treatment

11. Bill of Rights Added to “C” Guaranteed rights & liberties BUT
Were not always enforced

12. Enforced? Supreme Court makes decisions
In the beginning……B of R did not apply to state governments….only Federal
1800’s = narrow interpretation by SC

13. 1900’s = change
Groups fought for equal rights
NAACP
ACLU

14. ?????? What happens when the B of R does not apply at state level?
Are the citizens liberties protected? No

15. 14th Amendment
…….nor shall any state deprive any person of live, liberty or property without due process of law, nor deny……equal protection of the laws….”
Equal Protection Clause

16. 1925 Due Process did extend to the states Incorporation
Most of the B of R extend to the states

17. Today Role of the SC = solve Constitutional issues Individuals Groups
Government

18. Supreme Court Looks at a decision of a lower court
Was the decision “constitutional”?
If they take the case their decision becomes precedent (an example for all other courts to follow)

19. Example Separate But Equal Plessy v Ferguson (1896)
Brown V Board of Education Topeka (1954)

20. Check 5.1 & 5.2 Give 3 civil liberties Give 3 civil rights
What is the difference between them?
What is the role of the SC in regards to cases involving violations of civil rights and liberties?