American Government
Fall 2007
Civil Liberties
Civil Liberties
• Freedoms from arbitrary government
interference
• Found in Bill of Rights (first 10
amendments)
– Speech
– Press
– Assembly
– Religion
– Criminal
How the Meaning of the Bill of
Rights Changed Over Time
• 1st Amendment
• 5th Amendment
• Selective Incorporation via 14th
Amendment
1st Amendment
“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 government for a
redress of grievances.”
• What does “Congress shall make no law…”
mean?
– Establishment Clause
– Free Exercise Clause
5th Amendment
• Amendment V
“No person shall be…deprived of life,
liberty, or property, without due process of
law; nor shall private property be taken for
public use, without just compensation.”
• Who does this apply to?
– Barron v. Baltimore (1833)
14th Amendment
• Section 1:
“No State shall make or enforce any law which shall
abridge the privileges or immunities of citizens of the
United States; 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.”
• What does “no State shall…” mean?
14th Amendment
• Does the 14th Amendment overturn Barron
and apply the Bill of Rights to states?
• Initially, Supreme Court said no.
– Slaughterhouse Cases (1873)
• Later, SC said yes, began process of
Selective Incorporation