POLS 1101 1st Edition Lecture 6 Outline of Last Lecture I. FederalismA. Why do we have it?B. EvolutionII. Division of PowersIII. Coercive Federalism Outline of Current Lecture I. Civil Liberties vs. Civil RightsII. Historical Context A. Federalists vs. Anti-FederalistsIII. Bill of RightsCurrent LectureI. Civil Liberties vs. Civil RightsCivil Liberties are individual liberties that are protected from the government. This means that the government cannot change them. Civil liberties include freedom of speech, press, assembly,religion, and the right to bear arms.Civil Rights involve more government control and typically are about groups of people. They include the right to vote, discrimination and equality of races, and immigration.Civil rights are associated with “positive freedom” because they refer to the positive actions the government should take in protecting groups of people, particularly minorities. These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.Civil liberties are associated with “negative freedom” because they are protection from intrusion into our personal freedoms by the government.Many people believe the Bill of Rights should be called the Bill of Liberties, as the definition for civil liberties fits the aim of the Bill of Rights better.II. Historical ContextBefore the Civil War:- Barron vs. Baltimore (1833)-Barron said Baltimore ruined his harbor and sued the state. -He brought up the 5th amendment-Supreme court said they couldn’t do anything- 14th Amendment-Makes 5th amendment directly applicable to the states- Freedom of Religion-Establishment Clause-Free-Exercise Clause- Violations of Civil Liberties?-School prayer=Religious displays on public property=Government funding of religious schoolsThe Lemon Test:- Secular purpose- Cannot advance or inhibit religion- Excessive entanglement Freedom of Speech:- Schenck vs. U.S. (1919)-Distributed anti-conscription leaflets-not protected- Gitlow vs. New York (1925)-Inciting working class uprising in the name of Socialism-Not protected- Tinker vs. Des Moines (1969)-Students wore black arm-bands to school to protest the Vietnam War-Protected- Clear and Present Danger Test- There are no absolutes in civil liberties- Restrictions on freedom of speech:-Fighting words-Obscenity-Screaming “fire!” in a crowded placeWhy is hate speech protected, then?It can be associated with a person’s religious views, and religion is always protected.Where do we draw the line?If it is not hurting anyone, it is ok.Freedom of Press:- Prior restraint-publisher can stop publishing if they think it will hurt someone/something- Near vs Minnesota (1931): can states ban scandalous newspapers?- NYT vs. U.S. (1971): can government restrict news publications of classified government documents relating to war strategies?III. The Bill of RightsThe Bill of Rights debate was between the Federalists, who supported the Constitution but not the Bill of Rights, and the Antifederalists, who did not support the Constitution but did support the Bill of Rights.There arguments were…Federalists:- Cannot possibly list out all of the rights that people need- All states have their own constitutions and already have their own Bill of Rights- Problems with enumeration Antifederalists:- Lack of Bill of Rights would make federal government too powerful- No Bill of Rights is a threat to individual rights- Bill of Rights would hold federal government accountableProblems with the Preface of the Bill of Rights:- Wording was weird and general, said “congress”- States did not necessary have to follow the first amendment, etc.- Question if corporations had the same