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govt 2306

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govt 2306
Gov. Notes Feb. 17 Chp. 4
Civil Liberties
Constitutionally est. grartites that protect citizen’s opinions and protect against arbitrary gov. interference. They are considering personal freedoms protected against all individuals. In contrast civil rights reflect positive acts of government (in the form of constitutional provisions) for the purpose of protecting individuals against arbitrary or discriminatory actions. American are protected by the bill of rights, they are the 1st 10 amendments to the constitution. The bill of rights est. the freedoms that are essential to individuals and groups free and effective participation in the large community. As restrains on gov. actions thee are at least 2 kind of civil liberties. Substantive liberties are restrains on what the gov. shall and shall not have the power to do. Perciberl liberties are restrains on how the gov. is supposed to act when it acts
History of bill of rights
The framers vivly remembered the censorship and suppression of speech that they had suffered under British rule. The framer understandably viewed liberty as a central principal guiding the creation of a new democratic republic. The freedoms embodied on the bill of rights are broad principals rather than specific probations against gov. actions. For the nations beginnings the vagueness of the bill of rights led to serious disagreements about how to interoperate its amendments. The framers intended the bill of rights to restrict the powers only of the national gov. before the civil war the bill of rights was not amicable to the states.
Barron vs. Baltimore Supreme Court case 1833
Baltimore made barrrons wharf inaccessible by diverting steam during construction
The 5th amendment gragrute that private property shall not be taken for public use within just combination applied to local and state gov.Rule by chief justice Marshall the bill of rights is a specific check on the power of the national gov. which itself was created by the constitution

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