Chapter 13.1 Freedom and the Bill of Rights

• As noted earlier, the only reason we have freedoms in America is because of the Bill of Rights.

– How many can you name?

The birth of Civil liberties

• The Bill of Rights is designed to protect people’s civil liberties– Basic individual rights and freedoms that are

protected from government violation.

– Most obvious rights that Founding Father’s wanted to protect

• Speech• Assembly• Religion

– Why?

Debate Question:Were the Bill of Rights intended to protect everyone?

• Bill of Rights written in 1791– Only refers to ‘person’ and ‘people’

• Does this include women and blacks?

• Since 1865 (end of Civil War)– Supreme Court has ruled both ways on Bill of Rights

• Loose Constructionist = protects everyone in America– This includes aliens

» People who live in America but are not citizens.

Should the Bill of Rights really protect aliens? YES • Yick Wo v. Hopkins (1886)

– Case involving the rights of Chinese immigrants, the Court ruled that the 14th Amendment's applied

• "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," applied to all persons "without regard to any differences of race, of color, or of nationality," and to "an alien, who has entered the country, and has become subject in all respects to its jurisdiction, and a part of its population, although alleged to be illegally here.“

• Wong Wing v. U.S. (1896)– Case further applied the rights of aliens with the 5th and

6th amendments, • stating ". . . it must be concluded that all persons within the territory of the

United States are entitled to the protection guaranteed by those amendments, and that even aliens shall not be held to answer for a capital or other infamous crime, unless on a presentment or indictment of a grand jury, nor be deprived of life, liberty, or property without due process of law.“

Balancing Rights and Interests to Protect the Public Good

• The Bill of Rights allows you to:– Assemble in groups

• 1st amendment

– PEACEFULLY!

• The Bill of Rights does not allow you to:– Start a riot with friends

• Why? – You may harm

someone else!

What about this?

Unless this ‘change’ is going to threaten your lifestyle….

What about this?

Or this?

How does the government try to keep

people from abusing 1st Amendment rights?

• Judicial Branch– Supreme Court makes rulings that directly

outline specific rules dealing with hot social issues people are protesting about:

• Roe vs. Wade (abortion)• Brown vs. Board of Education (segregation)• Miranda vs. Arizona (peoples rights)

Homework

• Pg. 299

• #2

• #3

• #4 – at least 1 paragraph