ch. 19 and 20: civil liberties and civil rights. 19:1 unalienable rights
TRANSCRIPT
A Commitment to Freedom
Declaration of Independence “unalienable rights…life, liberty, pursuit
of happiness”
Constitution I:9 Powers Denied to Congress I:10 Powers Denied to the States Bill of Rights
Civil Liberties v. Civil Rights
Civil Liberties – protections against the government 5 Freedoms, fair trial, etc.
Civil Rights – positive acts of government that seek to make constitutional guarantees a reality for all people Can’t discriminate based on race, sex,
religion, etc.
Rights are Relative, NOT Absolute
No one in the U.S. has the right to do anything he or she pleases.
You cannot infringe upon others’ rights Ex: Free Speech-can’t incite a riot "The right to swing my fist ends where the other man's
nose begins." - Oliver Wendell Holmes
To Whom are Rights Guaranteed?
Citizens as well as Aliens (people who are not citizens of the country in which they live)
Restrictions on aliens Travel/freedom of movement-Internment Camps Voting, owning firearms
Federalism and Individual Rights
Provisions in the Bill of Rights apply against the National Government, not against the states
BUT, states can’t deny basic rights to people because.. Most states have their own Bill of Rights Due Process clause of 14th Amendment
14th AmendmentDue Process Clause
No state can deny to any person any right that is “basic or essential to the American concept of ordered liberty”
Process of Incorporation – The SC has Nationalized most of the Bill of Rights by incorporating them under the 14th Due Process Clause
Chart pg. 536
9th Amendment:Rights “Retained by the People”
You have rights beyond those set out in the Constitution.
Ex: the right of women to have an abortion without undue inference by the government.
States find ways to limit
Before Roe v. Wade 1973
Red- Illegal Purple-Legal in case of rape Blue-Legal in case of danger to woman's health Green-Legal in case of danger to woman's health, rape or incest, or likely damaged fetus Yellow-Legal on request
Parental Notification/Consent Required
Pink- No parental notification or consent lawsPurple- One parent must be informed beforehand Light Blue- Both parents must be informed beforehand Medium blue- One parent must consent beforehandDark Blue- Both parents must consent beforehandLight Gray- Parental notification law currently enjoinedDark Gray- Parental consent law currently enjoined
Mandatory Waiting Periods
Yellow- No mandatory waiting period Blue- Waiting period of less than 24 hours Red- Waiting period of 24 hours or more Gray- Waiting period law currently enjoined
Mandatory Ultra SoundsBright Red- Mandatory. Must display image.Dark Red- Mandatory. Must offer to display image.Light Purple- Mandatory. Law temporarily unenforceable.Yellow- Not mandatory. Must offer ultrasound.Green- Not mandatory. If ultrasound is performed, must offer to display image.Gray- Not mandatory.
Mandatory Counseling
Light Blue- No mandatory counselingMedium Blue- Counseling in person, by phone, mail, and/or other Dark Blue- Counseling in person only Gray- Counseling law enjoined
Abortion and “Trigger Laws”
Laws that would make abortion illegal within the first and second trimesters if Roe were overturn. Currently, 7 states have trigger laws and 2 other states have laws intending to criminalize abortion.
Another example of “Trigger Law” – illegal to clone people if/when the technology becomes available
“Fetal Homicide”
Blue- "Homicide" or "murder".Yellow- Other crime against fetus.Gray- Depends on age of fetus.Green- Assaulting pregnant woman.
Current News: Colorado
http://denver.cbslocal.com/2015/03/30/fetal-homicide-bill-gets-new-attention-following-brutal-attack-on-pregnant-womantention-following-brutal-attack-on-pregnant-woman/
Freedom of Expression
1st and 14th Amendments - two guarantees of religious freedoms1. “establishment of religion”
Establishment clause separation between church and state
2. “the free exercise of religion” No interference by govt. on religion right to hold one’s own religious beliefs
Ways Church and State are NOT Separated
Property and tithe exemptions Chaplains in the military Oath of office in the name of God Opening legislative sessions with
prayer Currency, Pledge, etc.
Student Religious Groups allowed in public schools?
1984 Equal Access Act –any public high school must allow student religious groups to meet in the school on the same terms that it sets for other student organizations Students allowed to hold meetings at
school, but school can’t sponsor the meetings
Aid to Parochial Schools??
Yes! w/o kids in private schools, public schools
expense increases Double tax burden No real church-state threat
No! Financial choice Religious beliefs affect nonreligious
subjects (Darwinism?)
Freedom of Speech and Press
1st and 14th – two fundamental purposes: 1. Guarantee to each person a right of free
expression, in the spoken and written language
2. Guarantee to all persons a full, wide-ranging discussion of public affairs
1st and 14th Amendments
1. Guarantees free speech/press to protect expression of unpopular views. Majority needs no constitutional protection
2. Freedom of speech/press not unbridled-reasonable restrictions
Limits on Speech and Press
Libel – the false and malicious use of printed words
Slander - false and malicious use of spoken words
Sedition – attempting to overthrow the government by force or to disrupt its lawful activities by violent acts
Seditious Speech – advocating, urging to overthrow the government
Shield laws – protection for reporters from having to disclose sources.
Freedom of Assembly and Petition
Assemble - to gather with one another to express their views on public matters
1st and 14th protect peaceful assembly and petition
Can’t: incite violence, block public streets/schools, endanger life, property or public order.
Content Neutral – Govt. can regulate assemblies on the basis of time, place, and manner, but cannot regulate assemblies on the basis of what might be said Can’t have a parade outside poll to influence election
Freedom of Assembly and Petition
Public Property Supreme Court requires advance notice and permits
be given (parade permits) Right to Demonstrate: KKK, Pro-Life? Can be denied
if threats to public safety Private Property
Cannot trespass on private property State supreme courts may interpret the provisions of
that State’s constitution “to allow reasonable exercise of the right to petition” on private property Ex: pro-Israeli pamphlets/petitions in a shopping
center
Freedom of Association
Right of association - guarantees the right to associate with others to promote political, economic, and other social causes
Boy Scouts of America- can exclude a person from membership when "the presence of that person affects in a significant way the group's ability to advocate public or private viewpoints"
Chapter 20 – Civil Liberties
Due Process Due Process – government must act fairly and in accord with established rules. Can’t act unfairly, arbitrarily, capriciously, or unreasonable 5th Amendment – no person shall be denied life,
liberty, or property without due process 14th Amendment- states cannot deny Bill of
Rights
Due Process
Substantive Due Process The “what” of govt. action (substance, policies) The laws themselves must be fair EX: Oregon can’t pass a law mandating kids go to
public school Procedural Due Process
The “how” of govt. action (methods, procedures) The govt. must act fairly Ex: Violation of Due Process with illegal search and
seizure
Police Powers
Authority of each state to act to protect and promote the public
1. health (alcohol, tobacco use, pollution) 2. safety (DUI, concealed weapons, seatbelts) 3. morals (gambling, prostitution) 4. general welfare (education, limit profits of
public utilities) Use of police powers often conflicts with
civil rights protections
4th Amendment Prohibits search and seizures without
Probable cause – reasonable suspicion of a crime
Search warrant – a court order authorizing a search
Search based on anonymous tip w/o other evidence? NO
In Plain View? YES Thermal imaging? NO Testing for drugs in unrelated hospital incident?
NO
Exclusionary Rule
Any evidence obtained in an illegal search and seizure cannot be used as evidence in a Court.
Gives “teeth” to 4th
Message to cops “as you enforce the law, obey the law”
Exceptions to Exclusionary Rule Inevitable discovery: tainted evidence can be
used in court if that evidence would have turned up no matter eventually under lawful means
“Good Faith” Ruling – if the officer thinks the warrant is valid and it later proves that it is not, the evidence CAN BE USED.
Prior Restraint
Govt. can’t place limits on spoken or written words before they are expressed unless its wartime, considered obscene, or incites violence
Rights of the Accused – 5th and 6th Amendments
Writ of Habeas Corpus – A Just Cause Hearing – usually within 72 hours Prisoner must be brought before the court to
discuss being released. Possible Evidence
No Ex Post Facto Law Cannot apply law retroactively
Right to an attorney – 6th No Self-incrimination – 5th
Rights of the Accused No Double Jeopardy – 5th Miranda Rule Right to Adequate Defense – 6th Grand Jury
Made up of 16-23 people who meet in secret and review evidence against the accused and if needed, will hand down an indictment (formal complaint)
Rights of the Accused – 8th Amendment No Excessive Bail No Cruel or Unusual Punishment
The Death Penalty States decide if they want it 5 acceptable methods
Gas chamber Electric chair Lethal injection Hanging Firing Squad
8th – No Cruel or Unusual Punishment
States decide what time to execute Georgia has the death penalty Alabama chair – “Yellow Mama” Florida and Georgia
”Old Sparky”