Constitutional Law: Rights & Liberties

December 2010

POWER IN SOCIETY

POL 365 POL 366

PRIVATEINDIVIDUAL LIBERTY

PUBLICGOVERNMENTAL POWER

These are constitutional protections for personal liberty or freedom; they are about living our lives unfettered by government.

Freedom of religion, speech, press & assembly [1st Amend.]

The right to keep and bear arms [2nd Amend.] The right to privacy [1st, 4th, 5th, 9th & 14th

amends.]

POL 366 – Theme #1: Civil Liberties

These are constitutional protections that come into play when we are suspected of criminal behavior.

Freedom from unreasonable search and seizure [4th Amend.]

The right to indictment by grand jury, protection from double jeopardy and self-incrimination, right to due process [5th Amend.]

The right to a speedy trial, a public trial, an impartial jury, witness confrontation, and assistance of counsel [6th Amend.]

The right to trial by jury [7th Amend.] Freedom from excessive bail and cruel & unusual

punishment [8th Amend.] Other rights not enumerated [9th Amend.] The right to privileges and immunities of citizens & due

process [14th Amend.]

POL 366 – Theme #2: Suspect Rights

These are constitutional protections emanating from equality rather than freedom.

The prohibition of slavery [13th Amend.] The national definition of citizenship & equal

protection of the laws [14th Amend.] The right to vote (race) [15th Amend.] The right to vote (sex) [19th Amend.] The right to vote (poll tax) [24th Amend.] The right to vote (age 18) [26th Amend.]

POL 366 – Theme #3: Civil Rights