1. Civil Liberties & Rights

2. GPS: SSCG6 The student will demonstrate knowledge of civil liberties and civil rights.
b. Analyze due process law expressed in the 5th and 14th Amendments.
c. Explain selective incorporation of the Bill of Rights.

3. Due Process
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Due process can be traced all the way back to the Magna Carta

4. Due Process The 14th Amendment extended due process to the states.
Now states cannot deprive any person of life, liberty, or property without a court hearing which follows regular laws.
Before the 14th Amendment states got to choose how to enforce the laws. All groups of people were not treated equally.

5. Civil Liberties
Civil Liberties are freedoms that restrict the power of the government. Examples would be your freedom of speech, press, assembly, petition and religion.

6. Civil Rights Civil rights do not exist until after the 14th amendment.
Amendment XIV
Section 1.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. 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.
This gives the national government the power to force the states to provide equal protection for their citizens.

7. Civil Rights
Civil rights mean that everyone has full citizenship and equality under the law

8. 14th Amendment & Civil Rights
Before the 14th Amendment was passed states were allowed to apply the law to people how they wanted to. (Example: African-Americans and women did not have equal protection under the law) This was an example of states rights.

9. Civil Rights
Civil rights require the government to act to protect a person’s rights. They refer to the government taking action to prevent discrimination.
There was no legal guarantee of civil rights until the 14th Amendment, and even then a legal guarantee doesn’t really matter until an enforcement mechanism is established.

10. Selective Incorporation
There are certain guarantees in the Bill of Rights which protect the citizens from state governments, as well as, the federal government and makes the Bill of Rights binding in all states (14th Amendment)