POS 2041 Chapter Notes - Chapter 5: Due Process Clause, Fourteenth Amendment To The United States Constitution, Incorporation Of The Bill Of Rights
27 Aug 2016
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Document Summary
Civil liberties: us constitution (1789) failed to enumerate individual freedoms, bill of rights (1791) - protects individual freedoms from government intrusion. Interpreted by courts and legislature: civil liberties: the protections the constitution provides against the abuse of government power, limits government power to protect individual action. Bill of rights: at first applied to federal rights but not states, first eight amendments guarantee the federal gov. will not trample on certain individual liberties, altered over time. 14th amendment nationalized bill of rights incorporation doctrine. Prevented state gov. officials from abusing people"s liberties. Conflicting interests: constitution and bill of rights contain competing rights and duties. Articles of constitution: what federal gov. can do. Bill of rights: what federal gov. can"t do: freedom v. order v. liberty. Equal protection clause: congress shall have power to enforce, by appropriate legislation, the provisions of this article.
