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Civil Liberties: Protecting Constitutional Rights
Civics: Chapter 10 Section 1
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The Bill of Rights After Independence: In 1787, George Mason, author of the Virginia Declaration of Rights proposed adding a bill of rights to the Constitution- his proposal was defeated. The Ratification Battle: became clear that a lack of a bill of rights could prevent the constitutional ratification The Ten Amendments: James Madison drafted them in 1789, became part of Constitution in 1791, protecting civil liberties and civil rights IT was a firm commitment to their personal freedoms that drove American colonists to break from Great Britain in the Revolutionary War QC: What is the Bill of Rights and what does it protect?
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The Bill of Rights, 1-5 Protects freedom of speech, religion
Protects right to bear arms Prevents civilian housing of troops Prohibits illegal search/seizure Protects people accused of a crime: “double jeopardy” QC: What is the Bill of Rights and what does it protect?
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The Bill of Rights, 5-10 VI. Protects people accused of a crime: speedy and public trial VII. Guarantees trial by jury VIII.Protects against “cruel and unusual punishment” IX. Protects other rights not mentioned in Constitution X. Reserves to states or people powers not given to federal government QC: What is the Bill of Rights and what does it protect?
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Limits on Civil Liberties and Rights
When Rights Conflict: smoking in a public place; freedom of speech limited during wartime if it aids the enemy The Role of the Courts: most civil liberties and rights cases start in early 1900s, many through interest groups like NAACP, ACLU, MALDEF (Mexican American Legal Defense and Educational Fund) having a significant impact on courts’ decisions Bill of Rights sets limits on government, but people do not have complete freedom to do whatever they choose QC: What are the limitations on civil liberties and rights?
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Civil Liberties and the Fourteenth Amendment
The Due Process Clause:14th amendment meant to protect freed slaves after the Civil War; due process is following established and complete legal procedures; Supreme Court has incorporated the 14th and the Bill of Rights to apply to states, known as selective incorporation Court has so far not incorporated the 3rd or 7th amendments
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