Foundations of Civil Liberties & Selective Incorporation
Foundational
An introduction to civil liberties, distinguishing them from civil rights, and explaining the crucial role of the Bill of Rights and the Fourteenth Amendment's doctrine of selective incorporation.
Foundations of Civil Liberties & Selective Incorporation
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What is the fundamental difference between civil liberties and civil rights?
Civil liberties are protections FROM government action (e.g., freedom of speech). Civil rights are protections provided BY the government to prevent discrimination against groups of people (e.g., voting rights).
What are civil liberties?
They are constitutionally established guarantees and freedoms that protect citizens, opinions, and property against arbitrary government interference. They are primarily found in the Bill of Rights.
Initially, to which level of government did the Bill of Rights apply?
The Bill of Rights was originally intended to apply only to the federal government, not to state or local governments. This was confirmed in the Supreme Court case *Barron v. Baltimore* (\(1833\)).
What is the role of the Due Process Clause of the Fourteenth Amendment in relation to the Bill of Rights?
The Due Process Clause states that no state shall "deprive any person of life, liberty, or property, without due process of law." The Supreme Court has used this clause to apply most of the Bill of Rights to the states.
What is the doctrine of selective incorporation?
It is the legal doctrine used by the Supreme Court to apply the protections of the Bill of Rights to state governments on a case-by-case basis through the Fourteenth Amendment's Due Process Clause.
Which landmark case began the process of selective incorporation?
*Gitlow v. New York* (\(1925\)). In this case, the Supreme Court ruled that freedom of speech and press were "fundamental personal rights and 'liberties' protected by the due process clause of the Fourteenth Amendment from impairment by the States."
Has every right in the Bill of Rights been incorporated to the states?
No, not all rights have been incorporated. For example, the Third Amendment's protection against quartering soldiers and the Seventh Amendment's right to a jury trial in certain civil cases have not been selectively incorporated.
Which amendment was used to incorporate the Second Amendment's right to bear arms to the states?
The Second Amendment was incorporated to the states through the Fourteenth Amendment in the case of *McDonald v. Chicago* (\(2010\)).
