Dye and Sparrow
Politics in America
Chapter 14
Politics and Personal
Liberty
Democracy and Individual Liberty
According to Professor Dye, the purpose of
the Constitution and Bill of Rights is to place
personal liberty beyond the reach of
government
Definitions of Civil Liberties
1. James MacGregor Burns: “Rights of all persons
that cannot be denied by governmental power:
freedom of conscience, religion, or expression;
generally, the freedoms secured by the First
Amendment”
2. Cummings and Wise (p89): “Are the
fundamental rights of a free society that are
protected by the Bill of Rights”
I like 2nd
definition as it is
more expansive
The 1st amendment of our Constitution protects individuals from
govt laws that interfere w/the freedom of religion and freedom of
expression—as well as protection of written and symbolic speech, and
freedom of the press, and freedom of association (the recent SCT-Boy
Scouts decision based on this right)—other important basic liberties
NOT embedded in the 1st Amendment
a) 1st Amendment (pA-8 of Appendix in C&W text):
“Congress shall make NO law respecting an establishment of
religion, or prohibiting the free exercise thereof; or abridging the
freedom of speech, or of the press; or the right of the people
peaceably to assemble, and to petition the govt for a redress of
grievances”
The 2nd amendment protects the "right of
the people to keep and bear arms" and of
course is the subject of a long standing
debate that really centers on the concepts of
ORDER versus FREEDOM
th
4 Amendment
The
covers
freedom from unreasonable
searches and seizures.
The 5th Amendment covers right NOT to
incriminate one’s self, and also: right to Due
Process, Grand Jury, Double Jeopardy among
others
th
6 Amendment:
In
criminal prosecutions,
right to speedy & public
trial and to have public
defender if necessary
th
7 Amendment:
In less than
criminal matters, right of trial
by jury “is preserved”
th
8 Amendment:
No excessive
bail or fines; and No cruel
and unusual punishment shall
be inflicted
The 9th Amendment = "The enumeration in the Constitution, of
certain rights, shall not be construed to deny or disparage others
retained by the people”
**It essentially means that the rights listed in preceding
amendments (e.g., speech, religion, fair trial) are not the only rights
the people have
The 10th Amendment = "The powers not delegated to the United
States by the Constitution, nor prohibited by it to the States, are
reserved to the states respectively, or to the people”
*It affirms the sovereignty of the states and makes it clear that the
federal government's powers are limited to those granted in the
Constitution