civil liberties
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Civil Liberties. Chapter 10. Protecting Constitutional Rights. Section 1. The Bill of Rights. The first ten Amendments of the Constitution To win ratification of Constitution, Federalists agreed to add bill of rights as soon as new national government met - PowerPoint PPT PresentationTRANSCRIPT
Civil Liberties
Chapter 10
Protecting Constitutional Rights
Section 1
The Bill of Rights
• The first ten Amendments of the Constitution• To win ratification of Constitution, Federalists agreed to
add bill of rights as soon as new national government met– James Madison began drafting amendments– Some feared listing individual rights might imply
government would protect only those rights• Ninth Amendment-Just because some rights are not listed
does not mean people do not have those rights.• December 1791: 10 amendments became part of
Constitution (2 years after the Constitution was ratified)
The Bill of Rights cont…
• Civil liberties- basic freedoms to think and to act that all people have.
• Civil rights- rights of fair and equal status and treatment.
Limits in Civil Liberties
•Personal freedoms can be limited when one person’s exercise of a freedom harms another person
Civil Liberties and the Fourteenth Amendment
AKA The Second Bill of Rights
• Bill of Rights aimed at limiting the NATIONAL government. – Example: First Amendment: “Congress shall make
no law…”• Fourteenth Amendment has allowed the court
to apply the Bill of Rights to the STATES as well.– Mainly because of two clauses:• “Due process clause”• “Equal protection clause”
• Due process clause of the 14th Amendment:– “...nor shall any STATE deprive any person of life,
liberty, or property without due process of law.”• Equal protection clause:– “…nor deny to any person within its (states’)
jurisdiction the equal protection of the laws.”• Incorporation doctrine-holds that the Bill of
Rights is also applied to the states
First Amendment Freedoms
Section 2
The First Amendment- 5 Rights1. Freedom of Religion- has two parts: the establishment clause
and the free exercise clause2. Freedom of Speech3. Freedom of the Press4. Freedom of Peaceful Assembly5. Freedom to Petition the government
The Establishment Clause
• Establishment clause declares that government cannot take actions to create official religion or support one religion over another
• Thomas Jefferson called for a “wall of separation between church and state”
• Supreme Court interpretation of the clause deal with state financial support of religion, school prayer, and government-supported religious symbols.
• Rulings have been inconsistent
Public Displays
Take notes for yourself in this section from page 286.
Religion and Education
• First Supreme Court case exploring limits of establishment clause based on educational issues
• Two of the most significant cases: Engel v. Vitale and Lemon v. Kurtzman
• Engel v. Vitale (1962): Court said public school prayer violated establishment clause even though it was not based on specific religion
• Engel v. Vitale such practices.
The Lemon Test
• Established by Lemon v. Kurtzman (1971)• Test for deciding whether government is
improperly involved with religion• The government's action must: – have a secular legislative purpose; – neither advance or inhibit religion; – not result in an "excessive government
entanglement" with religion.
Free Exercise Clause
• Free exercise clause guarantees each person right to hold any religious beliefs they choose
• Government cannot tell person what he/she must believe
• However, actions based on those beliefs may sometimes be limited.
Free Exercise Cases
• Oregon v. Smith (1990): government can punish illegal drug use even if drug use part of religious practice
• Reynolds v. United States (1878): Court ruled government could ban Mormon practice of polygamy
Freedom of Speech and of the Press
Amendment I - “Congress shall make no law… abridging the freedom of speech…”
• Speech is classified as expressive and symbolic.– Example of Symbolic
speech: burning an American flag
• Texas v. Johnson (1989)– Burning an American flag
is protected speech.
Limits on Speech and of the Press• Government can limit obscene material.• False advertising also outlawed• Speech can be limited if it creates a “clear-and-present
danger” (Schenck v. United States)• Constitution does not protect defamation, false
statements that harm another person
–Slander: spoken defamatory statement–Libel: defamation in print
• Individuals can sue for libel or slander.– Must prove a statement was false, and harming to
character – Much more difficult for public officials to win a law
suit.• Must be proved that statement was made with “actual
malice” (statement was known to be false)– New York Times v. Sullivan
•Government may limit First Amendment freedoms in name of national security, to prevent treason, sedition
•Treason: crime of making war against United States or giving “aid and comfort” to its enemies
•During wartime certain speech or writings may be treasonous, such as publishing information about location, tactics of American forces
•Sedition: legal term for speech, actions that inspire revolt against government
Freedom of Assembly• People can hold protests as long as it is
peaceful
Protecting Individual Liberties
Section 3
Second Amendment: The Right to Bear Arms
• 1939, United States v. Miller (1939): Court upheld law placing restrictions on possession of some types of guns often used by criminals• This is why we cannot own certain types of weapons
• Heller v. Washington D.C. • Court struck down a law banning handguns in D.C.
Third Amendment
Troops cannot be quartered in someone’s home without their
consent
Fourth Amendment
• Protection from unreasonable search and seizures.• A warrant is required for a search of someone’s
home• Search warrant: (an order from a judge authorizing
the search of a place and describing what is to be searched and seized)– judge can issue only if there is probable cause
• Exclusionary rule: Illegally gathered evidence cannot be used in a trial.– Weeks v. United States– Mapp v. Ohio has applied the exclusionary rule to
the states.
Exceptions to the Fourth
• Warrant not required for the following:– Things in plain view– If a lawful arrest takes place, the police can search/seize:
• The individual being arrested• Things in plain view• Things or places under the immediate control of the individual
– Exigent circumstances (emergencies)– Cars (still need probable cause)– Officers can frisk a person without a warrant (Terry search)– Schools (“reasonable suspicion”- lesser standard than
probable cause).
Exceptions to the Fourth cont…
• New Jersey v. T.L.O. (1985)– School officials can search a student suspected of
violating school policy as long as they have a “reasonable suspicion” of wrong-doing.
• USA PATRIOT Act gave law enforcement agencies more freedom to search telephone, e-mail communications, business, medical, library records
• 2007: parts of act struck down; gave officials too much power to search phone, Internet records without court oversight
The Right to Privacy
• The right to privacy is NOT mentioned in the Constitution.
• However-Court has said it is IMPLIED in certain amendments– 3rd Amendment- Quartering of troops in homes– 4th Amendment- Protection from unreasonable search
and seizures.– 5th Amendment- The right to remain silent.– 9th Amendment- Unenumerated rights
• Court has said these created “zones of privacy”
• Implied right to privacy used as the basis in:• Griswold v. Connecticut (1965) State laws against
contraceptives are unconstitutional on the basis of an implied right to privacy in the Constitution.– First time the right to privacy was employed
• Roe v. Wade (1973)– State laws against abortion are unconstitutional on
the basis of an implied right to privacy in the Constitution.
Due Process
• “Cannot be deprived of life, liberty, or property without the due process of law.”– Fifth Amendment- National Government– Fourteenth Amendment- States
• Procedural due process– Certain procedures must be followed before punishing person
• Substantive due process• concerns whether laws themselves are fair and just• Based on idea that people have rights that cannot be taken
away, even by laws passed properly
Crime and Punishment
Section 4
Types of Law
• Law usually classified into two categories – Civil law covers private disputes between people
over property or relationships• Ex. To sue someone; or custody battles.
– Criminal law is a system for dealing with crimes and punishments• People who violate criminal law may be fined,
imprisoned, even executed
• Civil law case called lawsuit; plaintiff brings suit against defendant, seeking damages, compensation
• Alternative dispute resolution sometimes sought rather than trial; mediation, arbitration, negotiation
Criminal Law Processes
• Fifth Amendment: Must be indicted by a grand jury for most federal crimes– Grand jury: 16-23 citizens• Not a typical trial jury• Only looks to see if there is enough evidence to
formally charge someone with a crime– That charge is called an indictment.
• Grand juries not usually necessary for state-level proceedings.
Jury Trial Process
• Jury Selection comes first– Defense and prosecution collectively select.
• Prosecution and defense each offer evidence and witnesses
• Judge or jury decides case• Either side may appeal decision to higher court• If guilty, sentencing takes place at a separate
hearing.
Rights of the Accused
• Habeas Corpus (Art. I, sect. 9)– legal order requiring imprisoned person to be
brought before court so judge may determine whether or not imprisonment is legal
• Fifth, Sixth, Seventh, and Eighth list most of the others.
Fifth Amendment
• Person can only be tried for a crime when indicted by a grand jury.
• Protection from double jeopardy (can’t be tried for same crime twice).
• Protection from self incrimination– Do not have to testify against yourself– AKA the right to remain silent
• Cannot be deprived of life, liberty, or property without due process of law.
Miranda v. Arizona (1966)
• Requires police to read “Miranda warnings” to suspects
• list of constitutional rights: – right to remain silent (5th); anything they say may
be used against them in court; – right to have attorney (6th); court-appointed
attorney provided if they cannot afford attorney• Police failure to advise of Miranda rights may
result incase being dismissed.
Sixth Amendment
• Right to a speedy trial by an impartial jury.• Defendant must be informed of charges
against him/her.• Defendants have the right to question their
accuser and the witnesses against him/her.• Defendant has the right to call their own
witnesses.• Right to counsel.
Gideon v. Wainwright
• Sixth Amendment: right to an attorney • Gideon case: Defendants must be provided
with an attorney if they cannot afford one.• Remember: Miranda warnings only inform
people of their rights. – The rights themselves come from other
Amendments and cases such as Gideon.
Seventh Amendment
• Right to trial by jury in civil cases.
Eighth Amendment
• Protection against excessive bail and fines.• Protection from cruel and unusual
punishments.