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United States History Commons

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Constitutional Law

Chapman University

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Full-Text Articles in United States History

Civil Liberties And The Dual Legacy Of The Founding, John W. Compton Feb 2018

Civil Liberties And The Dual Legacy Of The Founding, John W. Compton

Political Science Faculty Books and Book Chapters

"This chapter will argue that the framers’ dual legacy in the area of civil liberties has cast a long historical shadow. Since the early republic, Americans have invoked constitutional civil liberties provisions to challenge customary forms of authority. Yet establishing the abstract legitimacy of one's claim – that it comports with a particular conception of religious liberty or the freedom of speech, for example – has typically been insufficient to prevail in the courts."