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Federal Government 2305. Unit 11 Civil Liberties. Civil Liberties. Civil Liberties = The rights and freedoms protecting the people from government. Civil Liberties: Religious Displays. Civil Liberties: School Prayer. Civil Liberties: Pledge of Allegiance.
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Federal Government 2305 Unit 11 Civil Liberties
Civil Liberties • Civil Liberties = • The rights and freedoms protecting the people from government
Authority and Liberty How much liberty must individuals surrender in order to secure a peaceful society? Power and Individual Liberty
The purpose of the Constitution and Bill of Rights is to place personal liberty beyond the reach of government Democracy and Individual Liberty
THREE POSITIONS ON CIVIL LIBERTIES • Individual Rights Government Powers to • (speech, press, -protect national security • religion, assembly, -protect public morality • privacy) -maintain law & order • A T • NPreferred O • A Position T • R_________________________________________________A • CL • H Absolutist Balanced I • Y Position Position T • A • R • I • A • N • I • S • M
3 Positions on Civil Liberties • Absolutist Position: • Few or no limits on Bill of Rights freedoms and rights—they are absolute • Preferred Position: • Bill of Rights freedoms take precedence and top priority over other interests—although they are not absolute • Balancing Position • Equally balance competing interests of protecting individual rights and governmental powers to regulate
Important Civil Liberties Quote • “THE RIGHT TO SWING MY FIST ENDS WHERE THE OTHER MAN=S NOSE BEGINS.” • SUPREME COURT JUSTICE OLIVER WENDELL HOLMES • What is his point??
Importance of ACLU • ACLU—established in 1920 (during the Red Scare) to fight for the constitutional rights of people who were denied them due to the “unpopularity” of their ideas, goals, objectives, etc. • Frequently represent “unpopular” or “extremist” groups—WHY??
2nd Important Civil Liberties Quote • “First they came for the Jews, and I did not speak out because I was not Jewish. • Then they came for the Catholics, and I did not speak out because I was not Catholic. • Then they came for the gays and I did not speak out because I was not gay. • Then they came for me and there was no one left to speak out for anybody.” • Important point of this viewpoint??
Americans’ “Soft” Support for Civil Liberties (March 1970 Poll)1 • 1.As long as there appears to be no clear danger of violence, do you think any group, no matter how extreme, should be allowed to organize protests against the government? Yes_____ NO 76% • 2. If a man is found innocent of a serious crime but new evidence is uncovered later, do you think he should be tried again for the same crime? Yes 58% No_____ • 3. If a person is suspected of a serious crime, do you think the police should hold him in jail until they get enough evidence to officially charge him? Yes58% No_____
Americans’ “Soft” Support for Civil Liberties (March 1970 Poll)2 • 4. Except in time of war, do you think newspapers, radio, and TV should have the right to report any story, even if the government feels it’s harmful to our national interest? Yes____ • No55% • 5. Do you think everyone should have the right to criticize the government even if the criticism is damaging to our national interests? Yes____ • No 54%
Early Interpretation of the Bill of Rights Barron v. Baltimore(1833) • In early 1830s, John Barron files suit against City of Baltimore • Alleged that city ruined his wharf business • Claimed protection under 5th Amendment • Supreme Court decides against him • Bill of Rights doesn’t apply to states--only the federal government
Before the nationalization of the Bill of Rights, many state courts did not rigorously interpret and enforce individual rights. Early Interpretation of the Bill of Rights2
Why didn’t the Framers apply the Bill of Rights to state governments? Early Interpretation of the Bill of Rights3
Nationalizing the Bill of Rights1 Incorporation The process through which the Supreme Court examines individual provisions of the Bill of Rights and applies them against state and local officials
Nationalizing the Bill of Rights3 Judges must determine what protections, if any, are provided by the phrases: • Privileges or immunities of citizens • Equal protection of thelaws • Due process of law
Lawyers ask Supreme Court to interpret the Due Process Clause in such a way as to protect individual rights against state and local governments Supreme Court refuses to incorporate a personal right until 1925 decision in Gitlow v. New York (1925) Nationalizing the Bill of Rights4
New York prosecuted Gitlow, a Socialist, for advocating the overthrow of the U.S. Government Supreme Court ruled that individuals enjoy the protections of free speech against actions by state governments Gitlow v. New York (1927)
Incorporation The process through which the Supreme Court examines individual provisions of the Bill of Rights and applies them against state and local officials Provisions of the Bill of Rights that have never been incorporated: Second Amendment provision linking “a well-regulated Militia” and the right to bear arms 3rd Amendment provision against housing troops in private homes The Incorporation Processand the Nationalization of Constitutional Rights
The Incorporation Processand the Nationalization of Constitutional Rights2 • Provisions of the Bill of Rights that have never been incorporated (cont.): • 5th Amendment right to a grand jury • 7th Amendment requirement of jury trials in cases over $20 • 8th Amendment prohibition of excessive bail
Amendment 1 • Congress shall make no law respecting the establishment of religion, or the free exercise thereof, or abridging the freedom of speech, or of the press, or the right of the people to peaceably assemble, and to petition government for a redress of grievances.
Establishment Clause “Congress shall make no law respecting an establishment of religion….” Exercise Clause “…or prohibiting the free exercise thereof.” Freedom of Religion
Establishment Clause • Framer’s Intent: • · No national church • · No official religion • · No government financial support • Supreme Court Interpretation: • · No government favoritism • · Government neutrality • · No government financial support • · “Separation of church and state” • · Lemon Test
Prayer in school Engel v. Vitale(1962) School District of Abington Township, Pennsylvania v. Schempp(1963) Freedom of Religion: What Constitutes “Establishment”?
Freedom of Religion: What Constitutes “Establishment”? How does the Supreme Court decide cases that involve religion? Lemon test standard developed in the 1971 case Lemon v. Kurtzman. The court must ask three questions:
Three-Part Lemon Test • TO BE VALID, A LAW OR PROGRAM MUST: • 1.REFLECT A SECULAR LEGISLATIVE PURPOSE • 2.NEITHER ADVANCE OR INHIBIT RELIGION • 3.AVOID EXCESSIVE ENTANGLEMENT WITH RELIGION • No SPONSORSHIP • No FINANCIAL SUPPORT • No ACTIVE INVOLVEMENT IN RELIGIOUS ACTIVITIES
Allowed Voluntary prayer/public schools “Moment of silence laws”/p.s Voluntary Bible reading/p.s Bible reading—secular course/p. schools Tax exemption for churches Tax $ for Christmas decorations—if done correctly Prayers in Congress, state legislature, city council, etc. Military chaplains Sunday closing laws Tax $ for texts, testing, busing students to parochial schools State scholarships for religion majors Not Allowed Organized prayer in public schools Organized Bible reading in public schools Required posting of 10 Commandments in public schools Banning of evolution Required teaching of creationism “Equal time” laws Tax $ used for nativity scenes- depends on how done Establishment Clause Cases
Free Exercise Clause • Framer’s Intent: • ·Freedom to believe • ·Freedom to worship • Supreme Court Interpretation: • ·Freedom of believe is absolute • ·Freedom to worship is not absolute- it can be limited
Protected Not Protected Free Exercise Clause Cases • Jehovah Witnesses—No blood transfusions-child • Mormons--polygamy • Christian Scientists—exemption from vaccinations • White Hippies-joining Navajo faith to use peyote • Muslims—Headscarf & drivers license pictures • Christian Cults-Snake Handling • Amish—No school after 8th grade • Jehovah Witnesses—No saluting the flag • Jehovah Witnesses—No blood transfusions-adults • Navajos---use of hallucinogenic drug peyote • Rastafarians—use of marijuana • Santeria Church—sacrificing chickens • Quakers—exemption from draft • Atheists—exemption from draft • Muslims—head scarf & school dress codes
First Amendment Rights: Freedom of Speech • Not all types of speech are protected by the 1st amendment • Laws must balance individual liberties versus societal interests • During World War I, federal government prosecuted people for being critical of the government. • Supreme Court upheld convictions
