POL SCI 1 Chapter Notes - Chapter 5: Due Process Clause, Equal Protection Clause, Smith Act

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26 Aug 2016
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Opener- support israel defeat savage billboards; self-incrimination rights in court cases; cell phone privacy and police search warrants (2014 scotus case) Rapid emergence of advanced information and communication technologies has introduced a panoply of new applications of civil liberties claims and policy: often run up against preferences of a majority of citizens, security needs, or rights of others. Determination of national civil liberties policy has shifted from states to national realm: many states would declare liberties as luxuries. History of civil rights and civil liberties have much in common: rationale for nationalization of civil liberties stemmed from post-civil war amendments granting full citizenship to freed slaves. National advances in civil liberties often involves reining in majorities: contrast with need for national majority in civil rights, ex- protect flag burning, ban school prayer, defendants" rights- all involve frustrating will of local/national majorities. Us institutions are designed to temper the passions of majorities.

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