1. Ch. 19 S E C T I O N 1 The Unalienable Rights
12.2 Students evaluate and take and defend positions on the scope and limits of rights and obligations as democratic citizens, the relationships among them, and how they are secured.
Discuss the meaning and importance of each of the rights guaranteed under the Bill of Rights and how each is secured (e.g., freedom of religion, speech, press, assembly, petition, privacy).
12.5 Students summarize landmark U.S. Supreme Court interpretations of the Constitution and its amendments.
Understand the changing interpretations of the Bill of Rights over time, including interpretations of the basic freedoms (religion, speech, press, petition, and assembly) articulated in the First Amendment and the due process and equal-protection-of-the-law clauses of the Fourteenth Amendment.
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2. A Commitment to Freedom
The listing of the general rights of the people can be found in the first ten amendments in the Constitution, also known as the Bill of Rights.
In general, civil liberties are protections against government.
They are guarantees of the safety of persons, opinions, and property from arbitrary acts of government.
The term civil rights is sometimes reserved for those positive acts of government that seek to make constitutional guarantees a reality for all people.
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3. What are Civil Liberties?
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4. Limited Government Rule of Law- no one is above the Law of the Land
Law of the Land- document that rules the land, U.S. Constitution
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5. Limited Government
Throughout the Constitution, the extent of governmental authority is strictly limited.
The rights that the Constitution guarantees to citizens are also limited.
People in the United States are free to do as they please as long as they do not infringe upon the rights of others. Rights are relative.
Sometimes, different rights conflict with one another, such as the freedom of the press and the right to a fair trial.
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6. The Bill of Rights
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7. Bill of Rights: The first 10 freedoms provided to us.
1- freedom of speech, religion, press, assembly, petition
2- right to bare arms
3- quartering of troops
4- protection from search and seizure
5- criminal proceedings, due process
6- criminal proceedings, fair and speedy trial with a jury
7- trial by jury
8- protection from cruel and unusual punishment
9th Amendment – Constitutional rights do not deny other rights
10- powers reserved to the states
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8. Federalism and Individual Rights
The Bill of Rights
The most famous of the Constitution’s guarantees apply only to the National Government, not the government of the States.
The Supreme Court held that the Bill of Rights only restricts the National Government in Barron v. Baltimore, in 1833.
The Modifying Effect of the 14th Amendment
The 14th Amendment’s Due Process Clause provides that no State can “deprive any person of life, liberty or property, without due process of law…”.
However, to include rights under that heading, the Supreme Court had to define the rights on a case by case basis, called the process of incorporation.
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9. The Due Process Clause and the Incorporation Doctrine
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10. The 9th Amendment
“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
The Ninth Amendment states that the American people possess rights that are not set out explicitly in the Constitution.
It has been used to protect rights as various as the rights of the accused to a woman’s right to abortion without undue interference by government.
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11. Does that mean well have the right violate other people's rights?
Pair-Share
We all have rights.
Does that mean well have the right violate other people's rights?
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