1. [ 8.1 ] The Unalienable Rights

2. Liberties v. Rights
Liberties are protections the Constitution provides the individual against government power (tyranny)
Rights protect minority groups
Copyright © 2013 Cengage

3. Culture and Civil Liberties
The Constitution and Bill of Rights contain a list of competing rights and duties
War has been the crisis that has most often restricted the liberty of some minority group
Copyright © Houghton Mifflin Company. All rights reserved.

4. Rights in Conflict Examples:
US Government’s obligation to “provide for the common defense” vs. freedom of the press (“Pentagon Papers case”)
Freedom of speech vs. preservation of public order (Carl Kunz case)
Copyright © 2013 Cengage

5. Culture Conflicts Examples:
Religious displays on public property (Christian symbols or Festivus)
May private associations make their own rules concerning the right to “associate freely?” (Boy Scouts)
Balancing community sensitivities vs. personal self-expression
Copyright © 2013 Cengage

6. A Commitment to Individual Rights
Presidential Medal of Freedom recipient Fred Toyosaburo Korematsu with President Clinton, after being honored for his opposition to U.S. internment of Japanese Americans during World War II.

7. Limited Government
North Korean leader Kim Jong-un runs a dictatorial regime, as did his father, Kim Jong-il, whom he succeeded in Here, he stands authoritatively with members of his military.

8. Clear and Present Danger test- Chief Justice Holmes
Actually presents or specifically intends
A clear danger of substantive evil (degree: likelihood of the evil occurring?)
Present danger of substantive evil (proximity: immediacy of the evil occurring?)
Substantive evil that Congress has the right to prevent (activity the gov’t wants to prevent)
Copyright © 2013 Cengage

9. 14th Amendment
No state shall deprive a person of life, liberty, or property without due process of law
No state shall deny any person within its jurisdiction the equal protection of the laws
Copyright © 2013 Cengage

10. Interpreting and Applying the First Amendment
Copyright © 2013 Cengage

11. The 14th Amendment, Fundamental Rights, and Federalism
When John Barron sued the city of Baltimore (shown here) because it had deposited sand in the waters near his wharf, the Court ruled that the 5th Amendment did not apply to the States.

12. The 14th Amendment, Fundamental Rights, and Federalism

13. Which of the following BEST describes the Bill of Rights?
Quiz: A Commitment to Individual Rights
Which of the following BEST describes the Bill of Rights?
A. positive acts of government that protect constitutional rights
B. right to freely assemble
C. the first ten amendments to the Constitution
D. the unalienable rights of Life, Liberty, and the Pursuit of Happiness

14. A. A neighbor blares her stereo in the middle of the night.
Quiz: Limited Government
Which of the following BEST illustrates the idea of personal desires and interests being subordinated to the public good?
A. A neighbor blares her stereo in the middle of the night.
B. A person shouts “fire” in a crowded theater.
C. A public demonstration blocks traffic for hours.
D. A publisher refrains from printing sensitive war-related information.

15. Quiz: The 14th Amendment, Fundamental Rights, and Federalism
What is the significance of the Due Process Clause of the 14th Amendment?
A. It guarantees individual rights and freedoms not specifically listed in the Constitution.
B. It prevents the States from denying any right that is basic to the concept of ordered liberty.
C. It requires States to honor all rights and freedoms guaranteed by the Constitution.
D. It requires the National Government to relinquish grand jury authority to the States.