POLS 206 Lecture Notes - Lecture 10: Fifth Amendment To The United States Constitution, Fourteenth Amendment To The United States Constitution, Private Good

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Document Summary

Civil liberties- restrictions placed on the federal government; protecting people from governmental encroachment. Reigning in the majority who is forcing an individual/group to conform to social norms/rules. Found in the bill or rights: to appease anti-feds, courts as a guardian to the people. 1st- rapps (religion, assembly, petition, press, speech) 7th- in a civil trials, right to trial by jury. 10th- powers not given to the federal government are given to the state and local government. Protection in bor did not initially extend to the states. 14th amendment: opened the door for incorporation. 1897: supreme court slowly began to nationalize civil liberties- started with 5th amendment. Illegal action and obscenity: can put regulations on speech( (time place and how) ( ex- cannot yell at a certain time) Illegal action: schenck v us (1919)- encouraging insubordination not protected clear and present danger test rebellion is not protected, dennis v us (1951)- threat to overthrow government not protected.