AP Gov Civil Liberties + Civil Rights

Civil Liberties
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Terms in this set (22)
Civil Liberties
are legal and constitutional rights that protect individuals from arbitrary acts of government
Civil liberties include
freedom of speech, religion, press, and guarantees of a fair trial
Bill of rights
specific rights and restrictions on government authority. For example, the new government couldn't grant titles of nobility or require a religious oath for holding a federal office.
When Anti-federalists objected to the absence of a bill of rights, the federalists...
pledged that the 1st congress would draw up a list of safeguards to protect basic rights and freedoms
James Madison
Led 1st congress to pass 10 amendments popularly known as the bill of rights. When the states ratified these amendments in 1791, they became part of the constitution.
in 1791, every state had what in their constitution
a bill of rights.
the 1st 10 amendments were intended to
restrict the new federal government, not the existing state governments.
1st amendment begins with...
"Congress shall make no law.."
Barron v Baltimore (1833)
Barron said that city of Baltimore damaged his business. Argued the 5th amendment required Baltimore to provide him with just compensation.
Barron v Baltimore Decision
led by Chief Justice John Marshall. Supreme court unanimously ruled that the BOR "contains no expression indicating an intention to apply them to the state governments. This court cannot so apply them." Court established a precedent that the freedoms guaranteed by the BOR did not restrict the state governments.
14th AmendmentRatified in 1868. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the US and deprive any person of life, liberty, or property without due process of law or deny anyone the equal protection of the law.14th amendment clausesDue process clause, citizenship clause, equal protection clause, incorporation clause2 clauses of the 14th amendment that had a significant impact on Supreme Court decisions and US politicsDue process clause and equal protection clauseGitlow v New York (1925)Gitlow was arrested and convicted for violating a New York state law that made it a crime to advocate the overthrow of the government by force of violence. Gitlow argued that the New York law violated his right to freedom of speech and the pressGitlow v New York DecisionVoted to uphold Gitlow's conviction. Court also ruled that "freedom of speech and of the press are among the fundamental and personal rights and liberties protected by the Due Process Clause of the 14th amendment from the impairment by the states"Incorporation doctrineBarron v Baltimore, court ruled that the federal courts couldn't stop the enforcement of state laws that restricted the rights enumerated in the BOR. In Gitlow v New York, court began the incorporation process of using the Due Process Clause of the 14th amendment to extend most of the requirements of the BOR to the states.Incorporation processhas been a gradual process by which the court has used a series of individual decisions to incorporate the BOR into the Due Process Clause of the 14th amendment.Freedom of religion1st amendment, America's religious liberties originated in colonial opposition to government sponsored churchesThe 1st amendment contains 2 fundamental guarantees of religious freedomEstablishment clause and free exercise clauseestablishment clauseprohibiting an establishment of religion. "A wall of separation between church and state"free exercise clauseprohibiting government from interfering with the practice of religionFree exercise clause + Establishment clauseBoth these protections have been extended to the states by the due process clause of the 14th amendment