Civil Liberties and Civil Rights Chapter 19 Section 1
Civil liberties and civil rights
Incorporation of the bill of rights
Freedom of religion
I. Civil Liberties and Civil Rights
A. Civil Liberties
They are protections against government action.
Civil liberties are the first amendment freedoms
Petition the government
B. Civil Rights
Reserved for positive acts of government protection.
Places a restriction on government action.
Civil rights are protections granted by the constitution or statute.
Protections from unreasonable search and seizure.
Protections from discrimination.
II. Limited Government
Rights are not absolute.
Individual vs. community rights.
The issue of citizenship.
The government is not all powerful.
Limited by the consent of the governed.
Limited by the bill of rights.
Limits in the constitution.
No ex post facto laws.
No bills of attainder.
Habeus corpus protections.
B. Rights Are Not Absolute
With freedom, comes responsibility.
I am free…
Am I free to cause harm to others??
Many of our freedoms have limitations.
C. Individual Vs Community Rights
Where do your rights end, and others begin???
Media and fair trials.
Search and seizure….
D. The Issue of Citizenship.
You receive full rights and protections under the law.
What about non citizens?
Legal status, some protections
Illegal resident aliens
Under the radar
II. The Issue of Incorporation
Incorporation of the Bill of Rights
Barron vs. Baltimore 1833.
The Slaughterhouse cases, 1873
Gitlow vs. New York 1925
A. Incorporation of the Bill of Rights
The bill of rights placed restrictions on the power of the federal government.
Do these restrictions also apply to the state governments?
Much of incorporation will be accomplished by the 14 th amendment .
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.
B. Barron Vs Baltimore. 1833
Construction of Baltimore was causing the river to be diverted and areas of river to become to shallow.
Barron, who owned a dock, sued on the basis of the 5 th amendment.
Government action had caused his business to become worthless.
5 th amendment stated this could not be done without just compensation.
The supreme court stated that the bill of rights did not bind the states.
C. The Slaughterhouse cases, 1873.
14 th amendment contained a clause that no state could “deprive any person of life, liberty or property with out due process of law.”
State of Louisiana created a monopoly to prevent slaughterhouses from dumping refuse in Mississippi River.
The Butcher’s condemned the higher prices.
Court ruled that it was the responsibility of the States to protect individual rights and not a matter of the Supreme Court.
D. Gitlow vs. New York, 1925
Benjamin Gitlow Edited a leftist magazine in 1919.
New York raided and arrested him and hundreds of other supporters.
A state law prevented seditious speech.
The Supreme Court stated that the due process clause did extend to protect Freedom of press and Speech.
However states could place reasonable restrictions.
14 th amendment
Due process clause
Barron vs. Baltimore
Gitlow vs. New York 1925
What we know
Individual rights are not absolute (individual vs. collective rights)
How did the 14 th amendment affect the application of the Bill of Rights?