University:
Bradley University
Course:
PLS 105 | Introduction to American Government
Academic year:

2024
Views:

466

Pages:

9
Author:

Gudrunecg9m

Civil Liberties: First Amendment Freedoms Chapter 19 The Unalienable Rights Chapter 19 Section 1 A Commitment to Freedom • The listing of the general rights of the people can be found in the first 10 amendments in the Constitution, also known as the Bill of Rights. • The 13th and 14th amendments have also added to the Constitution’s guarantees of personal freedom Civil Liberties • In general, civil liberties are protections against government. • They are guarantees of the safety of persons, opinions, and property from arbitrary acts of government. Civil Rights • The term civil rights is sometimes reserved for those positive acts of government that seek to make constitutional guarantees a reality for all people. Limited Government • The Constitution limits governmental authority • The Constitutional guarantees to citizens are also limited. • Rights are relative. • Sometimes, different rights conflict with one another, such as the freedom of the press and the right to a fair trial. • Not all rights are guaranteed to aliens, who are foreign-born residents or non-citizens. Federalism and Individual Rights The Bill of Rights Apply only to the National Government, not the government of the States. The Supreme Court held that the Bill of Rights only restricts the National Government in Barron v. Baltimore, in 1833. The Modifying Effect of the 14th Amendment • The 14th Amendment’s Due Process Clause provides that no State can “deprive any person of life, liberty or property, without due process of law…”. • However, to include rights under that heading, the Supreme Court had to define the rights on a case by case basis, called the process of incorporation. The 9th Amendment • states that the American people possess rights that are not set out explicitly in the Constitution. • It has been used to protect rights as various as the rights of the accused to a woman’s right to abortion without undue interference by government.