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

2. 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?

3. 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

4. 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

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

6. 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.

7. 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

8. 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