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Homework : #2 for tomorrow

Consider: Why is there often controversy surrounding the issue of civil liberties in the US?. Words which are their own opposites. Sanction (via French, from Latin sanctio (n-) can mean ‘give official permission/approval for (an action)’ or conversely, ‘impose a penalty on.

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Homework : #2 for tomorrow

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  1. Consider: Why is there often controversy surrounding the issue of civil liberties in the US? Words which are their own opposites. • Sanction (via French, from Latin sanctio(n-) can mean ‘give official permission/approval for (an action)’ or conversely, ‘impose a penalty on. • “Oversight is the noun form of two verbs with contrary meanings, “oversee” and “overlook.” “Oversee,” to look at from above, means ‘supervise’; “overlook” means to fail to see or miss. • Left can mean either remaining or departed. If the gentlemen have withdrawn to the drawing room for after-dinner cigars, who’s left? (The gentlemen have left and the ladies are left.) • Dustis a noun turned into a verb meaning either to add or to remove the thing in question. Only the context will tell you which it is. When you dust are you applying dust or removing it? It depends whether you’re dusting the crops or the furniture. • Seed can also go either way. If you seed the lawn you add seeds, but if you seed a tomato you remove them. Homework: #2 for tomorrow

  2. Homework: Assignment 2 AP Government and Politics Chapter 4 Roots of Civil Liberties

  3. 4 Video: The Big Picture http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/OConner_Ch04_Civil_Liberties_Seg1_v2.html

  4. Civil Liberties: Background • Civil Liberties vs. Civil Rights • CR – protection for freedom from discrimination • CL – constitutional protection of individuals against government • Can you provide examples? • Civil Liberties are protected in 4 ways • Body of the US Constitution – examples? • Legislation (Voting Rights Act, for example) • Court Decisions (Brown, Roe, etc.) • The Bill of Rights, especially amendments 1-8 and the 14th

  5. Need for a Bill of Rights? Fed 84 • Federalists: No BoR was necessary • Constitution WAS Bill of Rights • States’ BoRs would be enough • Might be dangerous to enumerate rights (why put limitations in things gov. not given power to do?) • Anti-Federalists • Suspicious of central gov; demand BoR as protection against federal government • Anti-Fed 84 • Ratification of Constitution is in doubt without one • Madison and Federalists promise to submit amendments when the 1st Congress meets

  6. The Bill of Rights • That “nauseous project” (Madison) • First 10 amendments (out of 12) ratified by state governments by 1791 • Often considered part of the original document • Originally only applied to federal government • Barron vs. Baltimore (1833) • 1868 – 14th amendment passed; changes the game but not immediately

  7. The Process of applying the rights in the BOR to the states – requires state gov’s to provide/obey all national rights/protections • Done through various Supreme Court decisions using the “Due process” clause of the Fourteenth amendment… “Incorporation” Section 1. …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.

  8. The Incorporation Doctrine: The Bill of Rights Made Applicable to the States 4.1 • Fourteenth Amendment • Bill of Rights applies to actions of states, not just federal government • Due process clause • Applied to Bill of Rights • Substantive due process • Interpretation of the 5th and 14th amendments’ due process clause • Protects citizens against arbitrary or unjust state or federal laws • Procedural due process • Less vague, deals with criminal procedures, tangible things that are owed citizens when dealing with gov.

  9. 4.1 When did the Court first articulate the doctrine of selective incorporation?

  10. Selective Incorporation and Fundamental Freedoms 4.1 • Fundamental freedoms protected under selective incorporation • Those that are part “of the very essence of a scheme of ordered liberty” • (Palko vs. Illinois; actually overturned to get desired result 30 years later) • Rights that states must protect: • Freedom of press • Freedom of speech • Freedom of assembly • Many others • Most recent test: McDonald vs. Chicago

  11. Video: In Context 4.1 http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg3_CivilLiberties_v2.html

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