POLS 206 Lecture Notes - Lecture 4: Felix Frankfurter, Civil Liberties, Incorporation Of The Bill Of Rights
29 Sep 2017
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General nature of civil rights & liberties deal with the basic relationship between the individual and government. Because all people are fundamentally (inherently) equal: human dignity, reason we believe we are all equal, we are all unique, freedom. Rights & liberties are not absolute: limits on rights and liberties, conflict between liberty and social order, laws, conflict between rights, requires a delicate balance. Discussion of specific civil rights & liberties: the incorporation doctrine, bill of rights originally applied to the federal government. The state government seized barron"s boat; barron deserved money (nor shall private property be taken for public use, without just compensation), but this right didn"t apply to the states; barron didn"t get any money. Justice hugo black: total incorporation of amendments 1-8 or. Justice felix frankfurter: selective incorporation on case-by-case basis. Table 4. 1: gideon v wainwright, gideon arrested for stealing, didn"t have money for an attorney in florida.
