The Unalienable Rights

1
The Unalienable Rights

• Alienate is a legal term that means to transfer
  ownership
• Unalienable means that ownership cannot be
  transferred (this includes government taking
  those rights

2
Commitment to Freedom

• Life, liberty and the pursuit of happiness
• The purpose of government is to secure these, and
  other, rights for all citizens

3
Civil Liberties

• Civil Liberties are PROTECTIONS AGAINST THE
  GOVERNMENT
• Freedom of speech
• Freedom of religion
• Freedom of the press
• Many others

4
Civil Rights

• These are positive acts on the part of the
  government to ensure that all citizens are
  guaranteed their Constitutional protections

5
Limited Government

• Rights are Relative, Not Absolute
• The most stringent protection of free speech
  would not protect a man in falsely shouting fire
  in a theatre and causing a panic. Schenck v.
  United States, 1919

6
Limited Government

• When Rights Conflict
• Sheppard v. Maxwell, 1966
• Freedom of the Press was proscribed when it
  interfered with Sheppards right to a fair trial

7
Limited Government

• To Whom are Rights Guaranteed?
• Nearly all rights guaranteed to U.S. citizens are
  also guaranteed to aliens legally residing in the
  U.S.
• The right to travel freely is one exception

8
Federalism and Individual Rights

• The Bill of Rights
• Added after original Constitution
• Applies only to the National Government

9
Modifying Effect of the 14th Amendment

• Process of Incorporation
• We are protected from state and local governments
  due to the Due Process Clause in the 14th
  Amendment - No state shall deprive any person
  of life, liberty or property without due process
  of law

10
The 9th Amendment

• The enumeration in the Constitution, of certain
  rights, shall not be construed to deny or
  disparage others retained by the people.