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Civil Rights and Liberties
Puzzle
Revisiting the Puzzle
Lack of specificity in the Constitution creates many rights and liberties controversies.
Why have rights and liberties of citizens been controversial?
Courts and other branches have tried to strike a balance between the costs associated with liberty, freedom, and safety.
How have courts and other branches of government resolved these controversies?
Civil Rights
- To live free from bondage and intimidation
Represent those protections by government power.
- To enter into contracts and own property
- To have access to businesses that
serve the public
Safeguards against any effort by government or dominant groups to suppress another group.
- To enjoy equal educational opportunities
Role of the Courts
Civil Liberties
Can protect against majority tyranny
1. Process of republican governance
- 1st
Constitution’s protections from government power
Must rely on elected branches for enforcement
Incorporation makes the Bill of Rights binding to the states
2. Basic individual liberties
- 1st, 2nd, 3rd
3. Rights of criminal defendants
In the 18th and 19th centuries, the Supreme Court ruled in favor of state law when cases contradicted the first nine amendments.
- 4th, 5th, 6th, 7th, 8th
Rights and Liberties Failures
The Jim Crow Era, Segregation, and
the Civil Rights Movement
Plessy v. Ferguson (1896)
Various mechanisms were used to exclude African Americans from voting:
Brown v. Board of Education of Topeka (1954)
- White primary
- Poll tax
- Literacy test
Civil Rights Act of 1957 and 1964
Voting Rights Act of 1965
The Struggle for Political Equality Goes On
Who has the right to speak? How?
Religious Liberty
Under what conditions are we willing to adjust the social contract?
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