Ex post facto law The Bill of Rights Constitutional and historical importance

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Ex post facto law The Bill of Rights Constitutional and historical importance Powered By Docstoc
					                                                    Civil Liberties
                                       The Protection of Individuals from the Government

Body of the Constitution
•   Writ of Habeas Corpus

•   Bill of Attainder

•   Ex post facto law

The Bill of Rights
•   Constitutional and historical importance
•   The debate on necessity
•   The fear of a new convention

The First Amendment
•   Freedom of religion
     –   The Establishment Clause
          • The “Lemon test”
     –   The Exercise Clause
•   Freedom of speech
     –   The Clear and Present Danger Doctrine
     –   Symbolic speech
     –   Time and manner restrictions
•   Freedom of the press
     –   Libel
          • New York Times Co. v. Sullivan (1964)
     –   Obscenity
          • Print vs. broadcast media
          • Miller v. California (1973)
     –   Protection of news sources
     –   Prior restraint
•   Freedom of assembly
     –   Immediate danger
     –   Time and manner restrictions
•   Right to petition the government

The Second Amendment
•   The right to bear arms
     –   Limits on the types, number and carrying of weapons
     –   Waiting periods

The Third Amendment
•   No quartering during times of peace
The Fourth Amendment
•   Search and seizure
     –   Warrants and the exclusionary rule
•   Is there a right to privacy?
     –   Griswold v. Connecticut (1965)

     –   Roe v. Wade (1973)

     –   Bowers v. Hardwick (1986)

The Fifth Amendment
•   Grand jury required to indict
•   Protection against double jeopardy
•   Protection against self-incrimination
     –   “Taking the Fifth”
     –   Due process
•   Protection of property
     –   Eminent domain

The Sixth Amendment
•   Right to trial
•   Impartial jury
     –   The changing composition
          • Voir dire

     –   Freedom of the press
     –   Ring v. Arizona (2002)

•   Charges must be made
•   Right to confront witnesses
•   Right to have witnesses
•   Right to counsel
     –   Powell v. Alabama (1932)

     –   Gideon v. Wainwright (1963)

     –   Cognizance of rights
          • Escobedo v. Illinois (1964)

          • Miranda v. Arizona (1966)
The Seventh Amendment
•   If the value in question exceeds $20, one has a right to a jury trial
The Eighth Amendment
•   No excessive bail
•   Cruel and unusual punishment
     –   Furman v. Georgia (1972)

     –   Gregg v. Georgia (1976)
          • Kennedy v. Louisiana (2008)

     –   Atkins v. Virginia (2002)
     –   Roper v. Simmons (2005)

The Ninth Amendment
•   The Bill of Rights is not a comprehensive list

The Tenth Amendment
•   The powers not granted to the national government are reserved for the states
     –   State complaints
     –   National League of Cities v. Usery (1976)
     –   Garcia v. San Antonio Metropolitan Transit Authority (1985)

Federalism and the Bill of Rights
•   State exemption
     –   Selective incorporation
          • Privileges and immunities
          • Due process
Why Liberties are Difficult to Protect
•   Persecution
     –   Reaction to unpopular ideas
•   Overzealous politicians
     –   Competition for the being the “toughest”
•   Balancing of goals
     –   The asserted liberties and rights of people can come into conflict
•   The current unpleasantness
     –   Remarkable times
     –   Popular tolerance of certain government infringements

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