Chapter 10-1 Content Statement

Transcription

1 Chapter 10-1 Content Statement Content Statement 8 8. The Bill of Rights was drafted in response to the national debate over the ratification of the Constitution of the United States. Expectations for Learning Relate one of the arguments over the need for a bill of rights to the wording of one of the first 10 Amendments to the Constitution of the United States.

2 Chapter 10-1 vocab p. 280 Civil liberties: the basic freedoms to think and to act that all people have and that are protected against government abuse. Civil rights: the rights that involve equal status and treatment and the right to participate in government. Due process: following established and complete legal procedures Incorporation doctrine (selective incorporation): the concept that certain protections of civil rights are essential to the due process of the law.

3 The Bill of Rights A firm commitment to gain personal freedoms drove American colonists to break from Great Britain in the Revolutionary War. The colonists were trying to protect their rights, including Life, Liberty, and the pursuit of Happiness. Eventually this quest led to the creation of the Bill of Rights. After Independence States adopted own constitutions, most of which protected liberties 1787: delegates gathered to draft new national constitution, but there was little talk of protecting individual rights until end of convention George Mason wrote Virginia Declaration of Rights, proposed including bill of rights; others argued state constitutions enough to protect rights Mason s proposal defeated; few specific protections of individual rights included in Constitution

4 The Ten Amendments The Bill of Rights (cont d.) To win ratification of Constitution, supporters agreed to add bill of rights as soon as new national government met James Madison began drafting amendments Some feared listing individual rights might imply government would protect only those rights Amendment added stating that listing specific rights did not mean other rights denied to the people December 1791: 10 amendments became part of Constitution Civil liberties: basic freedoms to think and act; all people have them; protected from government abuse Civil rights: rights of fair and equal status, treatment, right to participate in government though these rights not originally guaranteed for all

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7 Limits on Civil Liberties and Rights The Bill of Rights sets limits on government, but people do not have complete freedom to do whatever they choose. To protect the common good, there are limits on individual liberties and rights. When Rights Conflict Framers: ideal government one that limited liberties as little as possible Personal freedoms limited when one person s exercise of a freedom harms another person Supreme Court has examined limits of different constitutionally protected freedoms over the years, continues to do so Example: government can limit free speech in wartime when that speech might aid enemy such as publishing information about tactics of soldiers

8 The Role of the Courts Balancing protection of civil liberties a challenge for government Government maintains balance through courts Courts cannot bring action on their own; only issue rulings when cases brought before them Early on many who needed rights protected had no access to court system Most Supreme Court cases protecting civil rights occurred after early 1900s Some cases came through actions of interest groups like National Association for the Advancement of Colored People (NAACP), American Civil Liberties Union (ACLU), Mexican American Legal Defense and Education Fund (MALDEF) Groups involvement in cases had important impact on courts decisions about liberties, rights

9 Civil Liberties and the Fourteenth Amendment The Bill of Rights was intended to limit the actions of the federal government. This does not mean that state and local governments can deny individuals their civil liberties and rights. The Supreme Court has ruled that most Bill of Rights protections apply to state and local governments as well. The Due Process Clause 14th Amendment: intended to protect rights of formerly enslaved African Americans after the Civil War Forbade states from passing laws to deprive any of life, liberty or property without due process of law following established legal procedures Supreme Court says 14th Amendment s due process clause guarantees Bill of Rights applies to states Incorporation doctrine holds that certain protections are essential to due process of law, therefore states cannot deny protections to the people

10 Process of incorporation found in number of Supreme Court cases Chicago, Burlington & Quincy Railroad Company v. Chicago required states to give owners fair compensation when taking private property Key Cases 1920s: flurry of 1st Amendment freedom cases Gitlow v. New York: Court agreed New York State could forbid man from plotting to overthrow government, but states must respect freedom of speech 1931, Near v. Minnesota: Court incorporated freedom of press 1937, DeJonge v. Oregon: incorporated freedom of assembly 1947, Everson v. Board of Education: limits against establishment of religion Multiple rulings incorporating other amendments Court has not incorporated all of Bill of Rights into 14th Amendment Incorporating many rights has proved important for protection of rights, liberties

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