2305+-+Federalist+84,+Civil+Liberties+and+the+Bill+of+Rights.

Power Points

Description: This is the last of the four basic principles written in the US Constitution. There was little question that individual liberty was considered vital by the framers of the Constitution. In this section we cover the initial dispute over how individual liberty ought to be secured. Is it best done by properly balancing powers or by establishing clear limits on what the US government should be able to do?

We will investigate this dispute and analyze the reason why it was decided that a Bill of Rights ought to be added to the Constitution once ratified. This will include an analysis of the content of the Bill of Rights and the degree to which the national Bill of Rights has been made applicable to state governments.

Goals: After reading through the material above, you should be able to address the following questions:

- Be able to define the terms civil liberties. What is the difference between a liberty and a right? - What debates existed over how individual liberties are best secured? What arguments existed against a bill of rights? Why was one eventually added? - Be familiar with the predecessors of the US Bill of Rights. - Be familiar with the background of major parts of the Bill of Rights. - What are the substantive liberties? - What are the procedural liberties? - What limits can be placed on civil liberties? What justifies these limits? - Which institution is principally responsible for interpreting and securing civil liberties? - What disputes exist between those with strict and loose interpretations over the nature of civli liberties? - Be familiar with the content of the US Bill of Rights. Be able to answer questions about the principle controversies with the Bill of Rights. Be especially familiar with the 1st Amendment and the Due Process Amendments. - What impact did the 14th Amendment have on the Bill of Rights? - What is the selective incorporation of the Bill of Rights to the states? How did this process occur? - What liberties are not guaranteed - or at least specifically mentioned - in the Bill of Rights? - Why might the Bill of Rights be considered to be undemocratic? - Which institutions are specifically limited by each of the amendments in the Bill of Rights? - Be familiar with the controversies associated with the Right to Privacy.

Key Terms:

- civil liberties - civil rights - Bill of Rights - democracy - delegated powers - substantive liberties - procedural liberties - due process of the law - unenumerated rights - strict interpretation of the Constitution - loose interpretation of the Constitution - original intent - the living constitution - judicial review - Supreme Court - right to privacy - right of contract - 14th Amendment - privileges and immunities - free speech - probable cause