Civil Liberties & Civil Rights Incorporation Civil Liberties & Civil Rights

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

Civil Liberties & Civil Rights

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

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

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

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

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

Civil Liberties & Civil Rights Incorporation Civil Liberties & Civil Rights

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

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…”

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

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

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

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.

Bigly Ideas Public Policy

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