Pol Lecture 3 Ch 5.doc

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University of California - Davis
Political Science
Cheryl Boudreau

11614PolLecture 3 Chapter 5 Civil LibertiesWord of the Day Roper v Simmonssupreme court held that it is cruel and unusual punishment to execute a person who is under the age f 18 at the time of the murdercourts attempt to protect the civil liberties of minorsCivil Libertiesemergence as part of the national policy agendanationalization of civil libertiesstate jurisdiction to national oneBill of RightsRole of the majority different than in case of civil rightsBill of Rights checks the majorityFirst Amendment constrains the majority Congress shall make no lawStraightforward generally but some ambiguitiesestablishment clausecruel and unusual punishmentthe constitution in 1787 did not seriously address civil libertiesthe Framers believed a bill of rights was unnecessaryFederalist No 84Antifederalists believed differentlythey won and the bill of rights was added the constitution actually acquired civil liberties protections in several stepsthe Bill of RightsBarron v Baltimore 1833the Bill of Rights only applied to the federal governmentthratification of the 14 amendmentthe rights of citizenship were not subject to state controlsironydue process and equal protectionincorporation1873 Slaughterhouse Cases privileges and immunitiesth5 to 4 decision 14 amendment applied to African Americans and no one elseselective incorporationth5 amendment 1897st1 amendment freedoms speech press and religion in the 1930s and 1940sththth4 5 and 6 covered in the 1960scontemporary focus on rights of privacyincorporation took place through judicial interpretationfreedom of speech what is legitimate expressionwhat about national security issuesSchenck v United States 1919Clear and Present Danger Test
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