Chapter 13.1 Freedom and the Bill of Rights

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Chapter 13.1 Freedom and the Bill of Rights

• As noted earlier, the only reason we have
  freedoms in America is because of the Bill of
  Rights.
• How many can you name?

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The birth of Civil liberties

• The Bill of Rights is designed to protect
  peoples civil liberties
• Basic individual rights and freedoms that are
  protected from government violation.
• Most obvious rights that Founding Fathers wanted
  to protect
• Speech
• Assembly
• Religion
• Why?

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Debate QuestionWere the Bill of Rights intended
to protect everyone?

• Bill of Rights written in 1791
• Only refers to person and people
• Does this include women and blacks?
• Since 1865 (end of Civil War)
• Supreme Court has ruled both ways on Bill of
  Rights
• Loose Constructionist protects everyone in
  America
• This includes aliens
• People who live in America but are not citizens.

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Should the Bill of Rights really protect aliens?
YES

• Yick Wo v. Hopkins (1886)
• Case involving the rights of Chinese immigrants,
  the Court ruled that the 14th Amendment's applied
• "Nor shall any State deprive any person of life,
  liberty, or property without due process of law
  nor deny to any person within its jurisdiction
  the equal protection of the laws," applied to all
  persons "without regard to any differences of
  race, of color, or of nationality," and to "an
  alien, who has entered the country, and has
  become subject in all respects to its
  jurisdiction, and a part of its population,
  although alleged to be illegally here.
• Wong Wing v. U.S. (1896)
• Case further applied the rights of aliens with
  the 5th and 6th amendments,
• stating ". . . it must be concluded that all
  persons within the territory of the United States
  are entitled to the protection guaranteed by
  those amendments, and that even aliens shall not
  be held to answer for a capital or other infamous
  crime, unless on a presentment or indictment of a
  grand jury, nor be deprived of life, liberty, or
  property without due process of law.

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Balancing Rights and Interests to Protect the
Public Good

• The Bill of Rights allows you to
• Assemble in groups
• 1st amendment
• PEACEFULLY!

• The Bill of Rights does not allow you to
• Start a riot with friends
• Why?
• You may harm someone else!

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What about this?
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Unless this change is going to threaten your
lifestyle.
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What about this?
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Or this?
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How does the government try to keep people from
abusing 1st Amendment rights?

• Judicial Branch
• Supreme Court makes rulings that directly outline
  specific rules dealing with hot social issues
  people are protesting about
• Roe vs. Wade (abortion)
• Brown vs. Board of Education (segregation)
• Miranda vs. Arizona (peoples rights)

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Homework

• Pg. 299
• 2
• 3
• 4 at least 1 paragraph