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Civil Liberties

Civil Liberties. The foundation of the American Government. The objectives of the framers: -Limited Federal Powers -Constitution: a list of “do’s” - Bill of Rights: a list of specific “do nots ” that apply only to the federal government, not the state governments .

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Civil Liberties

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  1. Civil Liberties The foundation of the American Government

  2. The objectives of the framers: -Limited Federal Powers -Constitution: a list of “do’s” - Bill of Rights: a list of specific “do nots” that apply only to the federal government, not the state governments

  3. Civil liberties become a major issue for three reasons: • Rights in conflict • Enflaming of passions by policy entrepreneurs • The political culture of the United States

  4. Rights in conflict: -Sheppard Case- free press vs. fair trial -NY Times and Pentagon papers- common defense vs. free press -KKK rallies- free speech vs. public order Competing Rights- how do we know how to decide?

  5. Policy Entreprenuers: • Individuals or groups trying to limit the liberties of another group or minority • Sedition act- Federalists in fear of the of TJ and anarchy • The Espionage and Sedition Acts of 1917-1918- Attorney General Mitchell Palmer • Smith Act, Internal Security Act of 1950, and Communist Control act of 1954- Senator Joe McCarthy

  6. Political Culture: • -America founded by white European Protestants therefore “Americanism” was equated with their values • New immigration brought new cultures and conflicts about constitutionally protected freedoms • Ex. Jews and Muslims offended by Christmas holidays • Ex. English speakers prefer mono-lingual schools

  7. First Amendment: -Freedom of Expression -Freedom of Religion- establishment clause and free exercise clause -Prior restraint -Clear and present danger test -Libel and slander -Obscenity

  8. Testing Restrictions on Expression -preferred position -prior restraint -imminent danger -neutrality -clarity -least restrictive means

  9. Wall of Separation Principle: Tests for Constitutionality: Government involvement is legal if- -It has a secular purpose -its primary effect neither advances or inhibits religion -it does not foster an excessive government entanglement with religion

  10. Crime and Due Process • -4th through 8th Amendments deal with rights of the accused. • 14th Amendment applies due process to the states • Exclusionary rule • Miranda and good faith exception

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