Government Alive!Government Alive!Chapter 5The Bill of Rights and Civil Liberties

5.2 Defining and Protecting 5.2 Defining and Protecting your Rights and Libertiesyour Rights and LibertiesFramers of the Constitution wrote

out many things that they could do and almost nothing about what they could not do.

Bill of Rights addressed that omission.

What group of politicians wanted a Bill of Rights added to the Constitution?

Defining Civil Liberties and Defining Civil Liberties and Civil RightsCivil RightsCivil Liberties:

◦Basic freedoms that are considered the birthright of all individuals.

Civil Rights:◦Rights that come with being a

member of society.◦Not protections from government◦They are guarantees by government:

fair treatment under the law and equal rights

Early Challenges in Enforcing Early Challenges in Enforcing the Bill of Rightsthe Bill of RightsBill of rights had to be

interpreted and applied under actual circumstances.

Did it apply to actions by state governments?◦Baron v. Baltimore◦14th Amendment◦Plessey v Ferguson◦Equal Protection Clause

New Hope in a New New Hope in a New CenturyCenturyNAACP & ACLUGave voice to citizens who felt

their rights were being violated

Incorporation: Applying the Incorporation: Applying the bill of Rights to the Statesbill of Rights to the StatesGitlow v New York

◦Prosecuted for and convicted for “dangerous” speech

◦Due Process clause of the 14th Amendment did extend the 1st Amendment to the states.

Incorporation◦Applying the Bill of Rights to states

through Supreme Court decisions.

The role of the Supreme The role of the Supreme Court TodayCourt TodayJob of SC is not to retry the

original case, but rather to review legal decisions made by the lower courts.

If SC finds the decision unconstitutional: reverse the decision, send back to lower courts for appeal◦May alter its original decision,

dismiss case, new trial

PrecedentPrecedentExample for all courts to follow in

similar cases in the futureSometimes Court overturns its

own precedents.1954 “separate but equal”,

segregationBrown v. Board of Education

◦“Separate educational facilities are inherently unequal”

◦Violation of 14th amendment