Chapter5) Civil Liberties and the Bill of Rights
-Freedom from government
-Civil Liberty shows the ‘gradual expansion’, but not always constant expansion in the case of threat to the nation (War, Insecurity, 9/11->we need restriction of freedom) -Protection of unpopular minorities against the tyranny of the majority -Court sometimes cannot protect minority, they tend to follow American general society’s thought. & Elected branches which want popular position rely on courts to do dirty work. (Burn the Flag case)
ⓐ The Bill of Rights, 1791
ⓑ The Fourteenth Amendment, Civil War Era
-equal protection in any gender
-“No state can deny fundamental notion of the Constitution” ⓒSelective incorporation (Bill of Rights + Fourteenth Amendment)->a gradual process of incorporation -At first, Supreme Court was wary of (be afraid of) applying the Bill of Rights to the states -Starting in the 1920s, tentative steps to ...