POLI 001 Lecture Notes - Lecture 8: Free Exercise Clause, Dominick Fernow, Miller Test
Civil Liberties
Bill of Rights
-The Constitution guarantees Americans numerous liberties
and rights.
-The protection of civil liberties involves conflict between
freedom and order.
What are civil liberties?
-Civil Liberties are guaranteed freedoms
-Declare what government cannot do
-Bill of Rights
-Civil Rights are guarantees of equal treatment under the law
-Declare what government must do
-Civil Liberties:
-Personal Freedoms that the government may not infringe
upon including
-Free practice of religion
-Free speech
-Assemble to petition the government
-Secure from unlawful searches
-Right to bear arms (disagreement on this one)
Evolution of Civil Liberties
-Bill of Rights initially had little effect because they only applied
to the national government
-After the Civil War, the 14th amendment was passed which
made it possible for the Bill of Rights to apply to the states
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Document Summary
The constitution guarantees americans numerous liberties and rights. The protection of civil liberties involves conflict between freedom and order. Civil rights are guarantees of equal treatment under the law. Personal freedoms that the government may not infringe upon including. Right to bear arms (disagreement on this one) Bill of rights initially had little effect because they only applied to the national government. After the civil war, the 14th amendment was passed which made it possible for the bill of rights to apply to the states. 5th amendment reads nor deprive any person of life, liberty, or property without due process of law. 14th amendment reads nor shall any state deprive any person of life, liberty, or property without due process of law. Si is the process by which the courts decide on a case by case basis whether a particular liberty in the bill of rights applies to the states via the 14th amendments due process clause.
