PLS 201 Chapter Notes - Chapter 4: First Amendment To The United States Constitution, Fair Trial, Exclusionary Rule
4 Jun 2018
School
Department
Course
Professor
Civil Liberties and Civil Rights
● Civil Liberties - The scope expanded considerably since the early 1960s
● Civil Rights - Protectors of citizen equality provided by the government.
○ African American struggle took center stage while the growth of civil rights
was happening.
○ Many things that triggered it are a now apart of how we created Civil
Rights
○ Even today equal rights is hardly settled.
● The Origin of the Bill of Rights Lies in Those Who Opposed the Constitution.
○ 1st Congress ratified Constitution met in April 1780
■ The most important item of business was the proposal was to add
to a bill of rights to the Constitution and with little debate was turned
down because Federalists, led by Alexander Hamilton argued it
was unnecessary and dangerous.
● 1st believe that it was a possibility for governments to claim
more power than they were granted.
● Hamilton and Federelists felt that the Constitution was a bill
of rights in itself.
■ Habeas Corpus
● Court order demanding that an individual in custody be
brought to court and shown the reason for detention.
■ When the Constitution was submitted to states for ratification
Antifederalists believed the bill of rights was a major imperfection of
the new Contitution.
■ Civil liberties are protections of citizens from improper government
action.
● Limits the government on what they are and are not able to
do.
■ Due process of law
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● The right of every citizen to be protected against arbitary
action by natioinal or state governments. (appears in 5th
amendment).
● Civil rights
○ Oblifations imposed on goverment to take protective
action to protect citizens from any illegal government
agencies and private companies.
○ Civil Rights did not become apart of the Constituion
until 1868.
○ The Fourteenth Amendment Nationalzed the Bill of Rights through
Incorporation.
■ Barron v Baltimore (1833)
● Applied only to the national government and not the states
until the civil war.
● PArt of the 14th amendment reads that all states must now
adhere to the Bill of Rights.
■ Selective Incoropoation
● A process which different protetions in the Bill of Rights were
incorporated or applied to the states, using the 14th
Amendment guaranteeing citizens from state to occur
gradually until 2010.
● Narrowly interpreteed asserted that although many rights
have value and importance some right don’t represent a
‘principle of justice so rooted in the traditions and conscience
of our people to be ranked as fundamantal.
● The 1st Amendment Guarantees Freedome of Religion
○ Separation between Church and State comes from the 1st Amendmnet.
■ Establishment Clause
● The idea of ‘no law’ regarding the establishment of religion
can be interpreted in several ways.
○ The exercise clause protects citizens right and practice any religion.
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Document Summary
Civil liberties - the scope expanded considerably since the early 1960s. Civil rights - protectors of citizen equality provided by the government. African american struggle took center stage while the growth of civil rights was happening. Many things that triggered it are a now apart of how we created civil. Even today equal rights is hardly settled. The origin of the bill of rights lies in those who opposed the constitution. 1st congress ratified constitution met in april 1780. 1st believe that it was a possibility for governments to claim more power than they were granted. Hamilton and federelists felt that the constitution was a bill of rights in itself. Court order demanding that an individual in custody be brought to court and shown the reason for detention. When the constitution was submitted to states for ratification. Antifederalists believed the bill of rights was a major imperfection of the new contitution.
