- Slides: 15
[ 8. 1 ] The Unalienable Rights
Liberties v. Rights �Liberties are protections the Constitution provides the individual against government power (tyranny) �Rights protect minority groups Copyright © 2013 Cengage
Culture and Civil Liberties �The Constitution and Bill of Rights contain a list of competing rights and duties �War has been the crisis that has most often restricted the liberty of some minority group Copyright © Houghton Mifflin Company. All rights reserved. 5|3
Rights in Conflict �Examples: �US Government’s obligation to “provide for the common defense” vs. freedom of the press (“Pentagon Papers case”) �Freedom of speech vs. preservation of public order (Carl Kunz case) Copyright © 2013 Cengage
Culture Conflicts �Examples: �Religious displays on public property (Christian symbols or Festivus) �May private associations make their own rules concerning the right to “associate freely? ” (Boy Scouts) �Balancing community sensitivities vs. personal self-expression Copyright © 2013 Cengage
A Commitment to Individual Rights Presidential Medal of Freedom recipient Fred Toyosaburo Korematsu with President Clinton, after being honored for his opposition to U. S. internment of Japanese Americans during World War II.
Limited Government North Korean leader Kim Jong-un runs a dictatorial regime, as did his father, Kim Jong-il, whom he succeeded in 2011. Here, he stands authoritatively with members of his military.
Clear and Present Danger test- Chief Justice Holmes Actually presents or specifically intends �A clear danger of substantive evil (degree: likelihood of the evil occurring? ) �Present danger of substantive evil (proximity: immediacy of the evil occurring? ) �Substantive evil that Congress has the right to prevent (activity the gov’t wants to Copyright © 2013 Cengage
14 th Amendment �No state shall deprive a person of life, liberty, or property without due process of law �No state shall deny any person within its jurisdiction the equal protection of the laws Copyright © 2013 Cengage
Interpreting and Applying the First Amendment Copyright © 2013 Cengage
The 14 th Amendment, Fundamental Rights, and Federalism When John Barron sued the city of Baltimore (shown here) because it had deposited sand in the waters near his wharf, the Court ruled that the 5 th Amendment did not apply to the States.
The 14 th Amendment, Fundamental Rights, and Federalism
Quiz: A Commitment to Individual Rights Which of the following BEST describes the Bill of Rights? A. positive acts of government that protect constitutional rights B. right to freely assemble C. the first ten amendments to the Constitution D. the unalienable rights of Life, Liberty, and the Pursuit of Happiness
Quiz: Limited Government Which of the following BEST illustrates the idea of personal desires and interests being subordinated to the public good? A. A neighbor blares her stereo in the middle of the night. B. A person shouts “fire” in a crowded theater. C. A public demonstration blocks traffic for hours. D. A publisher refrains from printing sensitive war-related information.
Quiz: The 14 th Amendment, Fundamental Rights, and Federalism What is the significance of the Due Process Clause of the 14 th Amendment? A. It guarantees individual rights and freedoms not specifically listed in the Constitution. B. It prevents the States from denying any right that is basic to the concept of ordered liberty. C. It requires States to honor all rights and freedoms guaranteed by the Constitution. D. It requires the National Government to relinquish grand jury authority to the States.