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Government

Government. Chapter 5 The Bill of Rights. Now we know what the government can do….what about what the government can not do??? The Bill of Rights , does that!! It guarantees 2 rights: Civil Liberties Civil Rights OK, but what’s the difference between those two rights????. Civil Liberties

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Government

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  1. Government Chapter 5 The Bill of Rights

  2. Now we know what the government can do….what about what the government can not do??? The Bill of Rights, does that!! It guarantees 2 rights: • Civil Liberties • Civil Rights OK, but what’s the difference between those two rights????

  3. Civil Liberties Basic freedom-as a birthright of all citizens (think: individual people) Government CAN NOT legitimately take civil liberties away Protected from government Civil Rights Basic rights as a member of society (think: as a group, like race or sex ) Guaranteed by the government Judicial Review: The Supreme courts ability to interpret and apply these rights Marbury v. Madison

  4. Barron v Baltimore: A Supreme Court case in which the court decided that the national government can not enforce the Bill of Rights on state governments • After the Civil War, the 14th Amendment was added to the constitution. • Plessy v Ferguson: Separate but Equal Clause Still did not impose Federal Bill of Rights on the states. • Organization form to challenge the Plessy ruling

  5. NAACP Attached segregation laws. Fought for civil rights ACLU Attached civil liberties violations such as freedom of the press Both: Gave voice to citizens who felt rights were being abused

  6. Reverse!!!! Gitlow v New York: Supreme finally reverses its decision and says “yes” the 14th Amendment DOES apply to the states Incorporation- The process of applying the Bill of Right to the states through a Supreme Court decision

  7. The Supreme Court’s role is NOT to retry a case, it is to review the legal decisions Supreme Court looks at each case and decides if the case is inline with the Constitution. If it is not- Case goes back to lower court and must be retied . The lower court can: 1. alter its original decision to conform with the Court’s opinion 2. dismiss the case altogether • or order a whole new trial Once the Supreme Court makes a decision, that decision becomes a precedent (an example for other similar cases)

  8. 1st Amendment The Court supports the 1st amendment except in cases of Libel Slander Obscenity Libel and slander- Making false statements with the intent to harm

  9. “Clear and Present Danger” The court asks: • Was the statement meant to incite or produce lawlessness action? • Is it likely to incite or produce such action? 1st Amendment also protects Symbolic Speech, even if the act itself is offensive to some Example: flag burning

  10. Freedom of speech extend to the press Prior Restraint- the attempt by the government to prevent the media from giving out info. it finds harmful. • Can prevent if the info threatens national security “Pentagon Papers”

  11. freedom of assembly Any rules and regulation on assembly must apply to every group seeking a permit

  12. Protection against the abuse of government powerAmendments 2, 3, 4 Most gun regulation is within the state, not federal government 1st gun regulation came about due to an assassination attempt on FDR New law 1. Taxes on “powerful firearms” 2. Background checks 3. Some weapons must be register U.S. v Miller- Law was upheld, only 2nd amendment case to ever go before the Supreme Court

  13. Protection of privacy and property rights3rd and 4th Amendments Unreasonable search and seizure 1. Probable cause 2. Warrant needed EXCEPT: Evidence in lain sight Evidence is being destroyed School officials Stop and frisk rule- power given to police to try and prevent serious crime before it happens ( results from 9-11 attach)

  14. Protects rights in the judicial process Amendments 5,6,7,8 Miranda v Arizona- says that people have certain rights that the police must inform the suspect about upon arrest (Miranda rights) Self-incrimination- protected by the above case. Double Jeopardy- if found innocent, can not be tried two time for the exact same crime

  15. Due Process Clause – no one can be deprived of life, liberty, property Taking Clause- “eminent domain”

  16. Fair Trials6 and 7th amendment 6th- how criminal trails are conducted 7th- right to trial by jury Gideon v Wainwright- rights to a lawyer Sheppard v Maxwell- biased coverage by the press can not be allowed to prevent a fair trial

  17. Bail me out!!! 8th- No excessive bail or cruel or unusual punishment

  18. Capital Punishment 1890- cases focused on the method of punishment rather then if the death was right or wrong 1972- focus is now on the death penalty itself. Decision said it is cruel if not applied consistently from case to case Death Penalty is suspended State’s reaction: rewrote their laws to comply with Supreme Court’s decision Capital Punishment re instated

  19. Rights and powers of State and People9 and 10th amendment Both are pretty general 9th -includes all rights and liberties that are not already listed ( cover their butt, amendment!) 10th- balances state and federal power- also known as the Supremacy Clause

  20. In Review The Bill of Rights do the following: • Protects basic civil liberties • Preventing abuse of power • Safeguards under the legal system • Powers of the state and the people

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