STANDARD(S): 12.5 Students summarize landmark U.S. Supreme Court interpretations of the Constitution and its amendments. LEARNING OBJECTIVES/ GOALS/ SWBAT 1. Explain how Americans’ commitment to freedom led to the creation of the Bill of Rights. 2. Understand that the rights guaranteed by limited government are not absolute. 3. Show how federalism affects individual rights. 4. Describe how the 9 th Amendment helps protect individual rights.
29
Embed
STANDARD(S): 12.5 Students summarize landmark U.S. Supreme Court interpretations of the Constitution and its amendments. LEARNING OBJECTIVES/ GOALS/ SWBAT.
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
STANDARD(S): 12.5 Students summarize landmark U.S. Supreme Court interpretations
of the Constitution and its amendments.
LEARNING OBJECTIVES/ GOALS/ SWBAT
1. Explain how Americans’ commitment to freedom led to the creation of the Bill of Rights.
2. Understand that the rights guaranteed by limited government are not absolute.
3. Show how federalism affects individual rights.
4. Describe how the 9th Amendment helps protect individual rights.
• process of incorporation: the manner in which the Supreme Court has interpreted the guarantees in the Bill of Rights as being part of the Due Process Clause
• There was no general listing of the rights of the people in the Constitution until the Bill of Rights was ratified in 1791. Now the Bill of Rights is an essential part of the Constitution.
– James Madison (right) authored the Bill of Rights.
Civil Rights and LibertiesCivil Rights and Liberties
• It is important to note the difference between "civil rights" and "civil liberties."
• The legal area known as "civil rights" has traditionally revolved around the basic right to be free from unequal treatment based on certain protected characteristics (race, gender, disability, etc.) in settings such as employment and housing.
• "Civil liberties" concern basic rights and freedoms that are guaranteed -- either explicitly identified in the Bill of Rights and the Constitution, or interpreted through the years by courts and lawmakers.
Civil Rights and LibertiesCivil Rights and Liberties
One way to consider the difference between "civil rights" and "civil liberties" is to look at
1) what right is affected, and
2) whose right is affected. For example, as an employee, you do not have the legal right to a
promotion, mainly because getting a promotion is not a guaranteed "civil liberty." But, as a female employee you do have the legal right to be free from discrimination in being considered for that promotion -- you cannot legally be denied the promotion based on your gender (or race, or disability, etc.). By choosing not to promote a female worker solely because of the employee's gender, the employer has committed a civil rights violation and has engaged in unlawful employment discrimination based on sex or gender.
• Checkpoint: How does the Bill of Rights limit government in the United States?
– All governments have authority over individual citizens.
– In a democratic government such as the United States, this authority is limited by laws like the Bill of Rights, which specifies individual rights and freedoms that government cannot violate.
• U.S. citizens may exercise their own rights as long as they do not infringe upon the rights of others.– For example, the right to free speech does not protect
obscene language.• Rights can come into conflict with each other. When this
happens, the courts must then decide the issue.
Blaring music late at night is not a right because it infringes on the rights of others.
• The 14th Amendment includes a Due Process Clause. The Supreme Court has ruled that this clause means no state can deny any person their basic rights and liberties.
• Over time, through the process of incorporation, these basic rights and liberties have been defined as including most of the protections in the Bill of Rights.
• Checkpoint: Why is the case Gitlow v. New York important?
– New York state had convicted Benjamin Gitlow of criminal anarchy for urging people to overthrow the government.
– The Supreme Court upheld the conviction, but ruled for the first time that the 1st Amendment right to free speech also extended to the states because of the 14th Amendment.
Guided Reading 11. The Court has engaged in the process of
incorporation. (Through decisions in various court cases dating as far back as 1925, the Court has incorporated most Bill of Rights protections into the Due Process Clause, which essentially prevents States from depriving people of their basic rights.)
• Now that you have learned how the Constitution protects the rights of individuals against government, go back and answer the Chapter Essential Question.– How can the judiciary balance individual rights