Definition: legal & constitutional rights that protect individuals from gov’t acts
o Freedoms that are guaranteed: either by law, constitution, or judicial interpretation
o Involve basic freedoms (e.g. speech and religion)
o The freedoms of conscience, religion, and expression, for example, which are secured by the First Amendment
o Freedoms that are guaranteed: either by law, constitution, or judicial interpretation
o Involve basic freedoms (e.g. speech and religion)
o The freedoms of conscience, religion, and expression, for example, which are secured by the First Amendment
BASIS OF OUR CIVIL LIBERTIES
PROTECTED RIGHTS IN THE ORIGINAL CONSTITUTION
Writ of habeas corpus
◦Says an arrested person see a judge/magistrate before imprisoned, right to know why arrested ◦Can be suspended in emergency Ex post facto laws (after the fact) ◦Punishment for something that was not a crime when committed, May not be passed by Congress Bills of attainder ◦punishes a person without benefit of trial ◦May not be passed by Congress |
Bill of Rights
Selective Incorporation (Due Process Clause)
◦Applies to nat’l gov’t… NOT the states
◦14th Amendment: created possibility that the Bill of Rights would apply to states ◦Gitlow v. New York (1925) ◦The 1st SCOTUS case to “selectively incorporate” a part of the BoR ◦Applied 1st Amendment protection of free speech to the states using the 14th Amendment's due process clause ◦Since Gitlow, the SCOTUS has gradually incorporated other parts of the Bill of Rights to the states ◦Most of the rights have been “incorporated” (applied to the states) ◦Most recent, 2nd Amendment with gun ownership in Chicago |