Chapter 14.1 Protecting Individual Rights

• As we know by now, the Bill of Rights protects our individual freedoms!

• However, how exactly does our government protect our freedoms?

Due Process

• Due process– A governments duty to follow fair procedures set by

law when carrying out government functions.

– 2 Types of Due Process

• Procedural due process» Government must apply a law fairly and according to that

law and its rules.

• Substantive due process» Government must ask if the law that must be applied is fair

to the citizen.

Why do we have due process protection?

• 5th Amendment of U.S. Constitution– “No person shall be deprived of…life, liberty,

or property without due process of law.

– Does anything else in the Constitution protect us concerning due process?

Gitlow vs. New York

• S. Ct ruled that though Mr. Gitlow published articles against the government, the 14th Amendment should have applied to his newspaper company– No state has right to take

away life, liberty, or property without due process.

So why do we have due process?

• To limit the government’s police power– It’s authority to enforce

laws ‘to protect’ the public.

– What, you can’t trust police?

Security at HomeMapp vs. Ohio

• 4th Amendment– Protects citizens against

illegal search and seizures

• What does this mean? – Police can not search your

house without search warrant

• Document signed by judge that allows police to search private property.

– NEED PROBABLE CAUSE!!

Mapp vs. Ohio

• Even though Ms. Mapp had “obscene materials” that were illegal, – They were obtained

illegally by police without search warrant.

• Exclusionary rule– Evidence that can’t be

used against you in court if obtained without a warrant.

What about gun rights?

• U.S. Constitution– 2nd Amendment

• “…the right of the people to keep and bear arms shall not be infringed.”

• Ohio Constitution– 18-20 year olds

• Can own rifles and shotguns

– 21 and older• Can own any guns including hand guns.

What can’t I do with a gun in Ohio?

• Carry and Conceal License– Only offered under

specific guidelines.– Has limitations as to

where you can take your gun.

• Also limits whether or not you can have it loaded.

Security and Private Communication

• Can your phone be listened in on? – 1967

• S.Ct says NO!!! It is illegal! – Dealing with anti government rallies because of Vietnam

– 2001 • S. Ct says yes!!! It is legal!

– Dealing with 9/11 (PATRIOT ACT)

Right to privacy?

• U.S. Constitution does not really say anything about personal privacy.

• What does the S.Ct say? – Roe vs. Wade

• S. Ct ruled that women have the right “of privacy” over their bodies in consideration of pregnancy until 3d trimester (around 6 months).

– Other than that, the S. Ct hasn’t said much else….

In the military….

• What about “Don’t ask, don’t tell?”

– So far, the ruling by the UCMJ is that you can not be openly gay in the military.

• Considered “a hazardous distraction to the overall objective”

– UCMJ • Universal Code of Military Justice

– Court system of the military.

Is it costing us to have gays in the military?

So, as a review….

• 1st Amendment– Freedom of

• Speech• Press• Assembly• Religion• Petition

• 2nd Amendment– Right to bear arms

• 4th Amendment– Illegal search and

seizure

• 5th Amendment– Due process

guaranteed at federal level.

• 14th Amendment– Due process

guaranteed at state level.

Good ol’ homework….

• Pg. 325, #4– 1 page – at least 2 reasons why or why not

• Question:– The right to privacy is not specifically guaranteed in

the Constitution. Do you think it should be? • Consider:

– Internet sites such as Facebook, MySpace, Twitter, blog sites– Cell phone use– Being gay or lesbian in military