1 / 48

Civil Liberties

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

khalil
Download Presentation

Civil Liberties

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Civil Liberties Chapter 10

  2. Protecting Constitutional Rights Section 1

  3. 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)

  4. 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.

  5. Limits in Civil Liberties • Personal freedoms can be limited when one person’s exercise of a freedom harms another person

  6. Civil Liberties and the Fourteenth Amendment AKA The Second Bill of Rights

  7. 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”

  8. 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

  9. First Amendment Freedoms Section 2

  10. Freedom of Religion- has two parts: the establishment clause and the free exercise clause Freedom of Speech Freedom of the Press Freedom of Peaceful Assembly Freedom to Petition the government The First Amendment- 5 Rights

  11. 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

  12. Public Displays Take notes for yourself in this section from page 286.

  13. 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

  14. Engel v. Vitale such practices.

  15. 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.

  16. 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.

  17. 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

  18. Freedom of Speech and of the Press

  19. Amendment I - “Congress shall make no law… abridging the freedom of speech…”

  20. 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.

  21. 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

  22. 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

  23. 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

  24. Freedom of Assembly • People can hold protests as long as it is peaceful

  25. Protecting Individual Liberties Section 3

  26. 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.

  27. Third Amendment Troops cannot be quartered in someone’s home without their consent

  28. 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

  29. 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.

  30. 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).

  31. 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.

  32. 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

  33. 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”

  34. 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.

  35. 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

  36. Crime and Punishment Section 4

  37. 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

  38. Civil law case called lawsuit; plaintiff brings suit against defendant, seeking damages, compensation • Alternative dispute resolution sometimes sought rather than trial; mediation, arbitration, negotiation

  39. 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.

  40. 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.

  41. 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.

  42. 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.

  43. 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.

  44. 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.

  45. 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.

  46. Seventh Amendment • Right to trial by jury in civil cases.

  47. Eighth Amendment • Protection against excessive bail and fines. • Protection from cruel and unusual punishments.

More Related