Chapter 4 Review
OpenStax and Lumen Learning
CHAPTER SUMMARY 4.1
What Are Civil Liberties?
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. Since the Civil War, as a result of the passage and ratification of the Fourteenth Amendment and a series of Supreme Court decisions, most of the Bill of Rights’ protections of civil liberties have been expanded to cover actions by state governments as well through a process of selective incorporation. 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.
RECALL KEY TERMS
CHECK YOUR UNDERSTANDING
THINK CRITICALLY
Briefly explain the difference between civil liberties and civil rights.
CHAPTER SUMMARY 4.2
Securing Basic Freedoms
The first four amendments of the Bill of Rights protect citizens’ key freedoms from governmental intrusion. The First Amendment limits the government’s ability to impose certain religious beliefs on the people or to limit the practice of one’s own religion. The First Amendment also protects freedom of expression by the public, the media, and organized groups via rallies, protests, and petitions of grievances. The Second Amendment today protects an individual’s right to keep and bear arms for personal defense in the home, while the Third Amendment limits the ability of the government to allow the military to occupy civilians’ homes except under extraordinary circumstances. Finally, the Fourth Amendment protects our persons, homes, and property from unreasonable searches and seizures, and it protects the people from unlawful arrests. However, all these provisions are subject to limitations, often to protect the interests of public order and the good of society as a whole or to balance the rights of some citizens against those of others.
RECALL KEY TERMS
CHECK YOUR UNDERSTANDING
THINK CRITICALLY
Explain the difference between the collective rights and individual rights views of the Second Amendment. Which of these views did the Supreme Court’s decision in District of Columbia v. Heller reflect?
CHAPTER SUMMARY 4.3
The Rights of Suspects
The rights of those suspected, accused, and convicted of crimes, along with rights in civil cases and economic liberties, are protected by the second major grouping of amendments within the Bill of Rights. The Fifth Amendment secures various procedural safeguards, protects suspects’ right to remain silent, forbids trying someone twice at the same level of government for the same criminal act, and limits the taking of property for public use. The Sixth Amendment ensures fairness in cri