SOL 11 The student will apply social science skills to understand civil liberties and civil rights by
a) examining the Bill of Rights, with emphasis on First Amendment freedoms;
The first 10 amendments to the Constitution of the United States, known as the Bill of Rights, outline American civil liberties.
Term to know
The Bill of Rights is composed of the first 10 amendments to the Constitution of the United States. The Bill of Rights guarantees the rights of individuals and expresses limitations on federal and state governments.
First Amendment freedoms
Rights of the accused
Ninth Amendment
a) examining the Bill of Rights, with emphasis on First Amendment freedoms;
The first 10 amendments to the Constitution of the United States, known as the Bill of Rights, outline American civil liberties.
Term to know
- civil liberties: Freedoms upon which the government may not infringe
The Bill of Rights is composed of the first 10 amendments to the Constitution of the United States. The Bill of Rights guarantees the rights of individuals and expresses limitations on federal and state governments.
First Amendment freedoms
- Religion: Government may not establish an official religion, endorse an official religion, or unduly interfere with the free exercise of religion.
- Speech: Individuals are free to express their opinions and beliefs.
- Press: The press is free to gather and publish information, including that which criticizes the government.
- Assembly: Individuals may peacefully gather.
- Petition: Individuals have the freedom to make their views known to public officials.
Rights of the accused
- The Bill of Rights protects citizens from
- unreasonable search and seizures
- double jeopardy
- self-incrimination
- cruel and unusual punishment.
Ninth Amendment
- Citizens have rights beyond what is specifically listed in the Constitution of the United States.
b) analyzing due process of law expressed in the Fifth and Fourteenth Amendments;
The right to due process of law is outlined in the Fifth and Fourteenth Amendments to the Constitution of the United States.
Two types of due process of law
Amendments protecting due process of law
The right to due process of law is outlined in the Fifth and Fourteenth Amendments to the Constitution of the United States.
Two types of due process of law
- Procedural due process of law: The government must use fair proceedings.
- Substantive due process of law: The laws under which the government acts must be constitutional.
Amendments protecting due process of law
- The Fifth Amendment prohibits the national government from acting in an unfair or arbitrary manner.
- The Fourteenth Amendment prohibits state and local governments from acting in an unfair or arbitrary manner.
c) explaining how the Supreme Court has applied most of the protections of the Bill of Rights to the states through a process of selective incorporation;
The selective incorporation of the Bill of Rights through the Fourteenth Amendment (due process clause) greatly enhances the protection of civil rights.
Beginning in the twentieth century, the Supreme Court used the Fourteenth Amendment (due process clause) to limit state actions, just as the Bill of Rights limits the national government.
The Supreme Court has incorporated in the due process clause all of the provisions of the Bill of Rights except those of the Third, Seventh, and Tenth Amendments and the grand jury requirement of the Fifth Amendment.
The selective incorporation of the Bill of Rights through the Fourteenth Amendment (due process clause) greatly enhances the protection of civil rights.
Beginning in the twentieth century, the Supreme Court used the Fourteenth Amendment (due process clause) to limit state actions, just as the Bill of Rights limits the national government.
The Supreme Court has incorporated in the due process clause all of the provisions of the Bill of Rights except those of the Third, Seventh, and Tenth Amendments and the grand jury requirement of the Fifth Amendment.
d) investigating and evaluating the balance between individual liberties and the public interest;
The protection of civil liberties and civil rights, as guaranteed by the Constitution of the United States, is balanced by compelling public interest.
Few rights are considered absolute. At times, individual rights must be balanced against public interest.
Limitations of rights
The protection of civil liberties and civil rights, as guaranteed by the Constitution of the United States, is balanced by compelling public interest.
Few rights are considered absolute. At times, individual rights must be balanced against public interest.
Limitations of rights
- Some forms of speech are not protected (e.g., libel, slander, obscenity).
- Speech that is a “clear and present danger” is not protected (e.g., shouting “Fire!” in a crowded building).
- The press can be restricted when publication will cause serious and irreparable harm (e.g., breach of national security).
e) examining how civil liberties and civil rights are protected under the law.
Some civil liberties and civil rights are protected by law.
The equal protection clause is contained in the 14th Amendment to the Constitution of the United States.
The promise of equal protection under the law does not guarantee all people will be treated exactly the same.
The government may classify or categorize people into groups for justifiable government goals (e.g., adults under 21 may not purchase alcohol).
Examples of how civil liberties and civil rights are protected under the law:
Some civil liberties and civil rights are protected by law.
The equal protection clause is contained in the 14th Amendment to the Constitution of the United States.
The promise of equal protection under the law does not guarantee all people will be treated exactly the same.
The government may classify or categorize people into groups for justifiable government goals (e.g., adults under 21 may not purchase alcohol).
Examples of how civil liberties and civil rights are protected under the law:
- Civil Rights Act of 1964
- Voting Rights Act of 1965
- Americans with Disabilities Act
- Title IX of the Education Amendments of 1972