IMPORTANT!!

1. IMPORTANT!! • Students with last names beginning with A-L will write the mid-term exam in MC 4021.  All students with last names beginning M-Z will write in DWE 2527.

2. IMPORTANT! • SPECIAL MID-TERM OFFICE HOURS (MIKE McGREGOR) • Wendesday, October 5th, 12:30-2:30 (PAS 1289) • No office hours Thursday.

3. Exam Tip of the Day... • the mid-term exam will have two questions from Article #10: Stuart Taylor, Jr. "Rights, Liberties and Security."Brookings Review, Winter 2003.

4. Civil Liberties

5. Contemporary Civil Liberties Issues... • religious expression • school prayer

6. School Prayer • 1963 -- Court rules against against mandated daily school prayer in Engel v. Vitale (1962) • prohibition applied to formal prayers at school football games and the like, whenever prayer was organized by school officials • 1985 – Supreme Court bans daily moment of silence (if students are encouraged to pray) • 1989 -- lower court ruling that pre-game invocations by coaches, officials or students at high school football games were unconstitutional • 1990 – Supreme Court rules that prohibiting religious/prayer groups in school is unconstitutional • 1992 – Supreme Court ruling that graduation prayers led by members of the clergy is unconstitutional • 1995 -- lower court ruling that informal student-initiated, student led prayers at sporting events were constitutional • students "are not enjoined from praying, either individually or in groups. Students may voluntarily pray together, provided such prayer is not done with school participation or supervision.“ • unconstitutional for the school administration to include a formal prayer in the game schedule • reasoning  • decision (re: student led) prayers at football games upheld by Supreme Court in 2000 • likely extended to graduation ceremonies (although Court refused to consider graduation ceremonies)

7. School Prayer Illusrates... • Court rules on the case at hand • does not present a comprehensive policy • single court cases do not resolve an issue authoritatively • protagonists react and adapt their strategies • policy (as determined by court rulings) is made up by a complex web of rulings in individual cases • tension between various individual rights claims

8. School Prayer – The Status Quo • court determined conditions under which public students may pray or practice religion... • "at any time before, during or after the school-day," as long as the practice does not interfere with other students • including before eating a meal at school • in meetings of organized prayer or worship groups, either informally or as a formal school organization (if other student clubs are also allowed at the school) • schools can provide for a daily "moment of silence" to be observed as long as students are not encouraged to "pray" during the silent period.

9. Contemporary Civil Liberties Issues... • religious expression • school prayer • sex education

11. Contemporary Civil Liberties Issues... • abortion • capital punishment • religious expression • school prayer • sex education • intelligent design

15. Background on Teaching Evolution • Scopes v. The State (of Tennessee), 1927 • Epperson v. Arkansas, 1968 • Aguillard v. Edwards, 1987 • Kitzmiller v. Dover, 2005

17. Civil Liberties -- Absolute or Competing Claims • competing claims • individual rights vs. general welfare • competing rights claims • trends (to 9/11) • trend has been towards expansion of the definition and scope of civil liberties • fewer government actions on behalf of general interest can justify limiting civil liberties • more and more issues redefined as competing rights claims – the legalization of politics

18. Legalized Politics -- The Implications • positive aspects of legalized politics • offers access • not based on popular opinion • negative aspects of legalized politics • constrains general welfare • atomizing • style of politics • adversarial • not prone to compromise

19. Main Point! • overall trend has been for Americans to increasingly view themselves as rights-bearing individuals and to resolve political disputes in this manner

20. SECURITY AND CIVIL LIBERTIES POST 9/11

22. Security and Civil Liberties – An Altered Balance Post-9/11 • order/security vs. individual liberty • immediate government reaction to 9/11 • detention of non-citizens without laying charges • order that solicitor-client privilege would not be honored by Justice Department • refusing to provide name, location of detention or numbers of those arrested • overwhelming public support • 86% viewing govt’s action as appropriate (Newsweek)

23. Security and Civil Liberties – An Altered Balance Post-9/11 • Uniting and • Strengthening • America by • Providing • Appropriate • Tools • Required to • Intercept and • Obstruct • Terrorism

24. Security and Civil Liberties – An Altered Balance Post-9/11 • Uniting and • Strengthening • America by • Providing • Appropriate • Tools • Required to • Intercept and • Obstruct • Terrorism

25. Security and Civil Liberties – An Altered Balance Post-9/11 • USA PATRIOT Act • ratification of Administration’s response to 9/11 • broadened government ability to implement wiretapping • access to medical, financial, educational and other records (National Security letters) • surveillance of emails and computers • power to detain and deport foreigners • increased power to detect money laundering • received overwhelming support in both House and Senate • significant public support

26. Source: ABC News Poll Vault. November 2001.

27. Security and Civil Liberties – An Altered Balance Post-9/11 • USA PATRIOT Act • ratification of Ashcroft response • broadened government ability to implement wiretapping • access to medical, financial, educational and other records (National Security letters) • surveillance of emails and computers • power to detain and deport foreigners • increased power to detect money laundering • received overwhelming support in both House and Senate • implementation, 2001-2005

34. Security and Civil Liberties – An Altered Balance Post-9/11 • Patriot Act II • making parts of PATRIOT Act set to expire permanent

37. Security and Civil Liberties – An Altered Balance Post-9/11 • Patriot Act II • making parts of PATRIOT Act set to expire permanent • passed by House of Representatives and Senate, 2005

38. Main Point! • there is a strong tension between individual rights and collective well-being in the American political system • HOWEVER, both are recognized in the American constitution (and in American political practice)

39. The Constitution of the United States of America (1787) “We the people of the United States, in Order to form a more perfect Union, establish Justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”