POLS 1101 Lecture 7Outline of Last Lecture I. Civil Rights II. Civil LibertiesIII. Constitutional Provisions for Rights and LibertiesA. Bill of Rightsa. Civil War Amendmentsb. New Voting Groupsc. Judicial InterpretationIV. Rights and Liberty FailuresV. Court LegitimacyA. Tyranny of the MajorityB. Failure to uphold rightsC. Major Rulings of the Civil Rights MovementVI. Civil Rights MovementA. Main FocusB. Unjust lawsC. Key LawsVII. Women’s RightsVIII. Affirmation ActionIX. Gay RightsOutline of Current Lecture I. Provisions in the Bill of RightsII. IncorporationIII. Incorporation of Bill of Rights into the 14th AmendmentIV. Gun ControlV. Protection of Rights and LibertiesCurrent LectureI. Provisions in the Bill of RightsII. 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- Strict vs. intermediate scrutiny vs. rational basis testIII. 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- Assault weapons- District of Columbia v. Heller (2008)V. 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
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