POLS 1101 Lecture 7 Outline of Last Lecture I Civil Rights II Civil Liberties III Constitutional Provisions for Rights and Liberties IV V VI VII VIII IX A Bill of Rights a Civil War Amendments b New Voting Groups c Judicial Interpretation Rights and Liberty Failures Court Legitimacy A Tyranny of the Majority B Failure to uphold rights C Major Rulings of the Civil Rights Movement Civil Rights Movement A Main Focus B Unjust laws C Key Laws Women s Rights Affirmation Action Gay Rights Outline of Current Lecture I Provisions in the Bill of Rights II Incorporation III Incorporation of Bill of Rights into the 14th Amendment IV V Gun Control Protection of Rights and Liberties Current Lecture I Provisions in the Bill of Rights II Incorporation Process of applying Bill of Rights to the states Initially only applied to federal government Equal protection and due process clauses of 14th amendment appear to clearly state that state governments are also bound by the provisions of the Bill of Rights In the Slaughterhouse cases 1873 the Court ruled that the 14th amendment applied only to discrimination against African Americans Supreme Court has proceeded slowly with incorporation III Strict vs intermediate scrutiny vs rational basis test Incorporation of Bill of Rights into the 14th Amendment Bit by bit these rights have come for states it wasn t all at once IV Gun Control 2nd amendment is vague Is right to arms unlimited or only in connection to state militias Limits on what can and cannot be banned V Assault weapons District of Columbia v Heller 2008 Protection of Rights and Liberties How to decide limits on rights and liberties Can run into problems with security safety Limits and Rights rely on principles set by government Moral claims of human dignity consistent with founding ideology of United States Utilitarianism in outcomes can infringe on liberties
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