Consider: Why is there often controversy surrounding the issue of civil liberties in the US?. Words which are their own opposites. Sanction (via French, from Latin sanctio (n-) can mean ‘give official permission/approval for (an action)’ or conversely, ‘impose a penalty on. - PowerPoint PPT Presentation
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Homework : #2 for tomorrow Consider: Why is there often controversy surrounding the issue of civil liberties in the US? 1. Sanction (via French, from Latin sanctio(n-) can mean ‘give official permission/approval for (an action)’ or conversely, ‘impose a penalty on. 2. “Oversight is the noun form of two verbs with contrary meanings, “oversee” and “overlook.” “Oversee,” to look at from above, means ‘supervise’; “overlook” means to fail to see or miss. 3. Left can mean either remaining or departed. If the gentlemen have withdrawn to the drawing room for after-dinner cigars, who’s left? (The gentlemen have left and the ladies are left.) 4. Dust is a noun turned into a verb meaning either to add or to remove the thing in question. Only the context will tell you which it is. When you dust are you applying dust or removing it? It depends whether you’re dusting the crops or the furniture. 5. Seed can also go either way. If you seed the lawn you add seeds, but if you seed a tomato you remove them. Words which are their own opposites.
Transcript
Homework: #2 for tomorrow
Consider: Why is there often controversy surrounding the issue of civil liberties in the US?
1. Sanction (via French, from Latin sanctio(n-) can mean ‘give official permission/approval for (an action)’ or conversely, ‘impose a penalty on.
2. “Oversight is the noun form of two verbs with contrary meanings, “oversee” and “overlook.” “Oversee,” to look at from above, means ‘supervise’; “overlook” means to fail to see or miss.
3. Left can mean either remaining or departed. If the gentlemen have withdrawn to the drawing room for after-dinner cigars, who’s left? (The gentlemen have left and the ladies are left.)
4. Dust is a noun turned into a verb meaning either to add or to remove the thing in question. Only the context will tell you which it is. When you dust are you applying dust or removing it? It depends whether you’re dusting the crops or the furniture.
5. Seed can also go either way. If you seed the lawn you add seeds, but if you seed a tomato you remove them.
Civil Liberties vs. Civil RightsCR – protection for freedom from discriminationCL – constitutional protection of individuals against
government○ Can you provide examples?
Civil Liberties are protected in 4 waysBody of the US Constitution – examples?Legislation (Voting Rights Act, for example)Court Decisions (Brown, Roe, etc.)The Bill of Rights, especially amendments 1-8 and the
14th
Need for a Bill of Rights? Fed 84 Federalists: No BoR was necessary
Constitution WAS Bill of RightsStates’ BoRs would be enoughMight be dangerous to enumerate rights (why put
limitations in things gov. not given power to do?) Anti-Federalists
Suspicious of central gov; demand BoR as protection against federal government
Anti-Fed 84 Ratification of Constitution is in doubt without one
Madison and Federalists promise to submit amendments when the 1st Congress meets
The Bill of Rights
That “nauseous project” (Madison) First 10 amendments (out of 12) ratified by
state governments by 1791Often considered part of the original document
Originally only applied to federal governmentBarron vs. Baltimore (1833)
1868 – 14th amendment passed; changes the game but not immediately
“Incorporation”
Section 1. …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 to any person within its jurisdiction the equal protection of the laws.
• The Process of applying the rights in the BOR to the states – requires state gov’s to provide/obey all national rights/protections
• Done through various Supreme Court decisions using the “Due process” clause of the Fourteenth amendment…
Fourteenth Amendment Bill of Rights applies to actions of states, not just federal government
Due process clause Applied to Bill of Rights
Substantive due process
Interpretation of the 5th and 14th amendments’ due process clause
Protects citizens against arbitrary or unjust state or federal laws
Procedural due process
Less vague, deals with criminal procedures, tangible things that are owed citizens when dealing with gov.
4.1The Incorporation Doctrine: The Bill of Rights Made Applicable
to the States
4.1When did the Court first articulate the doctrine of selective incorporation?
Fundamental freedoms protected under selective incorporation Those that are part “of the very essence of a
scheme of ordered liberty” (Palko vs. Illinois; actually overturned to get desired result
30 years later)
Rights that states must protect: Freedom of press Freedom of speech Freedom of assembly Many others
Most recent test: McDonald vs. Chicago
4.1Selective Incorporation and Fundamental Freedoms
