Civil Liberties & Rights

b. Analyze due process law expressed in the 5th
and 14th Amendments.
c. Explain selective incorporation of the Bill of
No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a presentment or
indictment of a Grand Jury, except in cases arising in
the land or naval forces, or in the Militia, when in
actual service in time of War or public danger; nor
shall any person be subject for the same offence to be
twice put in jeopardy of life or limb; nor shall be
compelled in any criminal case to be a witness against
himself, nor be deprived of life, liberty, or property,
without due process of law; nor shall private property
be taken for public use, without just compensation.
The 14th Amendment extended due process
to the states.
Now states cannot deprive any person of life,
liberty, or property without a court hearing
which follows regular laws.
Before the 14th Amendment states got to
choose how to enforce the laws. All groups of
people were not treated equally.
Civil Liberties are freedoms that restrict the
power of the government. Examples would
be your freedom of speech, press, assembly,
petition and religion.
Civil rights do not exist until after the 14th amendment.
Amendment XIV
Section 1.
All persons born or naturalized in the United States,
and subject to the jurisdiction thereof, are citizens of
the United States and of the state wherein they
reside. 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.
Civil rights mean that everyone has full
citizenship and equality under the law
Before the 14th Amendment was passed
states were allowed to apply the law to
people how they wanted to. (Example:
African-Americans and women did not have
equal protection under the law) This was an
example of states rights.
Civil rights require the government to act to
protect a person’s rights. They refer to the
government taking action to prevent
There are certain guarantees in the Bill of
Rights which protect the citizens from state
governments, as well as, the federal
government and makes the Bill of Rights
binding in all states (14th Amendment)