With the ratification of the Fourteenth Amendment in , civil liberties gained more clarification. To use an example from today, the punishment for speeding by an out-of-state driver cannot be more severe than the punishment for an in-state driver.
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Legal scholars and the courts have extensively debated the meaning of this privileges or immunities clause over the years; some have argued that it was supposed to extend the entire Bill of Rights or at least the first eight amendments to the states, while others have argued that only some rights are extended. Roe that the clause protects the right to travel from one state to another.
Chicago ruling that the individual right to bear arms applied to the states because of this clause. Although the text of the provision does not mention rights specifically, the courts have held in a series of cases that it indicates there are certain fundamental liberties that cannot be denied by the states.
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For example, in Sherbert v. Verner , the Supreme Court ruled that states could not deny unemployment benefits to an individual who turned down a job because it required working on the Sabbath. Beginning in , the Supreme Court has found that various provisions of the Bill of Rights protecting these fundamental liberties must be upheld by the states, even if their state constitutions and laws do not protect them as fully as the Bill of Rights does—or at all.
When cases arise to clarify particular issues and procedures, the Supreme Court decides whether state laws violate the Bill of Rights and are therefore unconstitutional. For example, under the Fifth Amendment a person can be tried in federal court for a felony—a serious crime—only after a grand jury issues an indictment indicating that it is reasonable to try the person for the crime in question.
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A grand jury is a group of citizens charged with deciding whether there is enough evidence of a crime to prosecute someone. Selective incorporation is an ongoing process. It was only in the McDonald v. Chicago case two years later that the Supreme Court incorporated the Second Amendment into state law.
Another area in which the Supreme Court gradually moved to incorporate the Bill of Rights regards censorship and the Fourteenth Amendment. In Near v. Minnesota , the Court disagreed with state courts regarding censorship and ruled it unconstitutional except in rare cases. The Bill of Rights is designed to protect the freedoms of individuals from interference by government officials.
Originally these protections were applied only to actions by the national government; different sets of rights and liberties were protected by state constitutions and laws, and even when the rights themselves were the same, the level of protection for them often differed by definition across the states. Nonetheless there is still vigorous debate about what these rights entail and how they should be balanced against the interests of others and of society as a whole. Selective incorporation is the process of expanding the application of the Bill of Rights to also include the states.
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What Are Civil Liberties? Learning Objectives By the end of this section, you will be able to: Define civil liberties and civil rights Describe the origin of civil liberties in the U. The ACLU offers a listing of state and local chapters on their website. Debating the Need for a Bill of Rights One of the most serious debates between the Federalists and the Anti-Federalists was over the necessity of limiting the power of the new federal government with a Bill of Rights. Practice Questions Briefly explain the difference between civil liberties and civil rights.
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Briefly explain the concept of selective incorporation, and why it became necessary. Show Selected Answer Selective incorporation is the process of expanding the application of the Bill of Rights to also include the states. Green v. Wright , U. See details. Item location:. West Sussex, United Kingdom.
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Every motor vehicle at all times shall be equipped with a muffler or other effective noise suppressing system in good working order and in constant operation, and no person shall use a muffler cut-out, bypass or similar device. Every vehicle when on a highway shall be so equipped as to make a minimum of noise, smoke or other nuisance, to protect the rights of other traffic, and to promote the public safety.
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