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Protecting Civil Liberties. Wilson 5B. Church and State. First Amendment Religion Free-exercise clause Establishment cause Speech Press Assembly Petition. Free-Exercise Clause. Clear meaning No state interference Similar to speech No laws to burden practice
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Protecting Civil Liberties Wilson 5B
Church and State • First Amendment • Religion • Free-exercise clause • Establishment cause • Speech • Press • Assembly • Petition
Free-Exercise Clause • Clear meaning • No state interference • Similar to speech • No laws to burden practice • Not allowed to break the law • Differences • Conscientious objection • Work, school requirements
Establishment Clause • Ambiguous phrasing • Not applicable to states • Court interpretations • Neutrality • Public schools • Parochial schools • Lemon Test • Secular purpose • Primary effect neither advances nor religion • No excessive entanglement with religion
“Wall of Separation” • Not found in Constitution • Jefferson letter • Danbury Baptist Church • “Wall of Separation”
Crime and Due Process • Amendments 4-8 • Search and seizure (fourth) • Punish officers for illegal evidence (world) • Dismiss illegally obtained evidence (US) • Self-incrimination (fifth) • Exclusionary rule • Terrorism
Exclusionary Rule • Challenge evidence in the courtroom • Illegally gathered cannot be used in trial • Relaxing rule • Any evidence is admissible • Too technical to stop misconduct • Limited coverage • Good-faith exceptions • Consideration of public safety • Inevitability
Search and Seizure • With a properly obtained search warrant • Incident to an arrest • Person being arrested • Things in plain sight • Things or places under immediate control • Cars, teenagers more latitude • Expectation of privacy
Self-Incrimination • Prevent torture or coercion • Protect people who are unaware of rights • Miranda Rule • Confession in while in jail • Public safety • Modern awareness
Terrorism and Civil Liberties • Patriot Act • Tap phones of suspects • Court orders to tap internet and voicemail • Share information • Holding of non-citizens • Track money • Eliminate statute of limitations • Increase penalties
Terrorism and Civil Liberties • Executive Order • Non-citizens use military court • Commission of officers • 2/3 vote of commission • Appeal to secretary of defense or president • “unlawful combatants” • American citizens working with enemy • Set to expire in 2005 (2011) • List of provisions of police powers • Key players in design and renewal • Successes of act
Extension Activities • BRI Court Case DBQs • Resource Manual page 49 • Rights of Accused powerpoint • BRI audio tapes/workbook • Woll pages 93-163