1. Civil Liberties & Civil Rights
Incorporation
Civil Liberties & Civil Rights

2. How are the people protected from the government?
Rights & Liberties
intro
How are the people protected from the government?

3. Civil Liberties & Civil Rights

4. Rights & Liberties Civil Liberties Civil Liberties
Protections for the people from government actions
They are guaranteed by
the US Constitution
These liberties belong to all citizens
Most of them are found in the Bill of Rights
LIMITS ON WHAT THE GOVERNMENT
CAN DO TO YOU

5. Rights & Liberties Civil Liberties In the Original Constitution:
Writ of Habeas Corpus – you must be informed of charges against you
No Bills of Attainder – you cannot be punished without a trial
Ex Post Facto Laws – laws apply only to acts committed after the law was passed
No Religious Tests For Office – cannot have religious requirements for offices
Trial by Jury - a defendant’s fate is decided by a group of peers

6. Rights & Liberties Civil Liberties Bill of Rights
1. Freedom of Religion, Speech, Press, Assembly, and Petition
2. Right to keep and bear arms
3. No Quartering of Troops
4. Protection from illegal searches and seizure of property
5. Due Process, No Self Incrimination, No Double Jeopardy, Eminent Domain

7. Rights & Liberties Civil Liberties Bill of Rights
6. Speedy & Public Trial, Right to Counsel
7. Jury for some civil trials
8. No cruel & unusual punishment, no excessive bail
9. Rights reserved for the people, unenumerated rights
10. Powers reserved to the states

8. Rights & Liberties Civil Liberties Other Amendments
13. Abolition of Slavery
14. Equal Protection of the Law, Citizenship
15. No racial voting requirements
19. No gender voting requirements
24. No Poll Tax
26. Voting Age can’t be higher than 18

9. Civil Liberties & Civil Rights
Incorporation
Civil Liberties & Civil Rights

10. 14th Amendment Due Process Clause
Rights & Liberties
14th Amendment
14th Amendment
No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any state deprive any person of life, liberty, or property without due process of law; nor deny any person within its jurisdiction the equal protection of the laws.
14th Amendment Due Process Clause

11. Rights & Liberties Barron V Baltimore 1833 Barron V Baltimore
The City of Baltimore took (destroyed) some of Barron’s land
He was not compensated for the property
The Court’s job is to INTERPRET the law
First Amendment : “Congress shall make no law…”

12. This is the precedent for almost 100 years
Rights & Liberties
Barron V Baltimore
1833
Barron V Baltimore
The Court ruled that the civil liberties in the Bill of Rights do not apply to the states
The language indicates that citizens are only protected from actions of “Congress” or the federal government
The Bill of Rights only applies to the national government, not states.
This is the precedent for almost 100 years

13. Rights & Liberties Gitlow V New York 1925 Gitlow V New York
Gitlow published a socialist newspaper and was punished by his state
He felt it was unfair since he should be protected by free speech or press
How has interpretation of the Constitution changed since Barron V Baltimore??
Due Process clause of the 14th Amendment

14. Rights & Liberties Gitlow V New York 1925 Gitlow V New York
14th: no STATE shall deny a person life, liberty, or property
The Court stated “the rights of freedom of speech & freedom of the press were among the fundamental personal rights and liberties protected by the due process clause of the 14th Amendment from impairment by the states”
The civil liberties protections in the Bill of Rights apply to the states now
This creates an important precedent that changes civil liberties

15. Rights & Liberties Gitlow V New York Selective Incorporation
The process of applying the Bill of Rights to state governments using the due process clause of the 14th Amendment
This occurs on a case by case basis – not the whole Bill of Rights.
Gitlow only applied Freedom of Speech, not even the whole First Amendment
Each part of the Bill of Rights must be applied individually by the Court
3 and 7 are not incorporated. 2 was only incorporated in 2010.

16. Bigly Ideas
Public Policy

17. Selective Incorporation
Public Policy
Wrap Up
Civil Liberties
Barron V Baltimore
Gitlow V New York
Selective Incorporation
Focus on these things: