Crash Course Government and Politics: Civil Rights and Civil Liberties

Introduction

• Presenter: Craig from Crash Course
• Focus: Transition from structures and branches of government to court decisions.
• Main topics: Civil rights and civil liberties.

Civil Rights vs. Civil Liberties

• Civil Liberties: Limitations on government to ensure personal freedom.
• Civil Rights: Protections against majority decisions that disadvantage minorities.
• Example: Same-sex marriage as a civil rights issue due to inequality created by majority decisions.

Substantive vs. Procedural Liberties

• Substantive Liberties: Limits on government actions (e.g., 1st Amendment - no national religion).
• Procedural Liberties: Limits on how government acts (e.g., presumption of innocence until proven guilty).

Origins of Civil Liberties

• Found in the "Bill of Rights" (not named in the Constitution).
• 9th Amendment: Acknowledges existence of other non-specified rights.

Notable Amendments

• 1st Amendment: No law establishing religion, protecting freedom of speech, etc.
• 2nd Amendment: Right to bear arms (unclear application).
• 5th Amendment: Protection against self-incrimination.
• 8th Amendment: Prohibits cruel and unusual punishment.

Barron vs. Baltimore (1833)

• Supreme Court ruling that the Bill of Rights applied only to the federal government, not states.
• Citizens had dual citizenship: US and state, with protections only from the federal government.

14th Amendment and its Impact

• Post-Civil War amendment as part of Reconstruction.
• Key section: No state can abridge privileges, or deny life, liberty, property without due process.
• Supreme Court did not apply Bill of Rights to states directly; introduced selective incorporation.

Selective Incorporation

• Each right/liberty is incorporated against the states on a case-by-case basis.
• Examples:
  • Gitlow vs. New York: Freedom of speech incorporated.
  • Mapp vs. Ohio: No warrantless searches.
  • Benton vs. Maryland: Protection against double jeopardy.

Current State and Importance

• Most of the Bill of Rights has been incorporated against states.
• Vigilance required to maintain liberties; all governments can potentially infringe.
• Importance of civil rights to ensure equality and protection under the law for all citizens.

Conclusion

• Protecting civil liberties and rights requires awareness and action from both citizens and governments.
• Crash Course Government and Politics is supported by PBS Digital Studios and Voqal.

These notes cover the key points and concepts discussed in the lecture about civil rights and civil liberties, their differences, origins, and the judicial processes involved in their application.