Chapter 5 Civil Liberties

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					Chapter 4: Civil Liberties
             Civil Liberties
• The Bill of Rights: A charter of liberties
• Nationalizing the Bill of Rights
• The First Amendment and freedom of religion
• The First Amendment and freedom of speech and
  the press
• The Second Amendment and the Right to bear
  arms
• Rights of the criminally accused
• The right to privacy
        The Bill of Rights
       A Charter of Liberties
• How does the Bill of Rights provide for
  individual liberties?
• What are the differences between
  substantive and procedural restraints?
      Substantive vs. Procedural
              Liberties
• Substantive liberties        • Procedural liberties
  are restraints on what         are restraints on how
  the government shall           the government is
  not have the power to          supposed to act.
  do.                             – For example, citizens
   – For example,                   are guaranteed due
     restricting freedom of         process of law
     speech, religion or the
     press
 Nationalizing the Bill of Rights
• Does the Bill of Rights put limits only on
  the national government or does it limit the
  states as well?
• How and when did the Supreme Court
  nationalize the Bill of Rights?
 Nationalizing the Bill of Rights
• The Supreme Court began applying the Bill
  of Rights to state action by utilizing the
  Fourteenth Amendment.
• The Court selectively applies the liberties
  on a case-by-case basis.
         The First Amendment
         Freedom of Religion
• How does the First Amendment guarantee
  the nonestablishment and free exercise of
  religion?
• In what way has the establishment of
  religion become a political issue?
• In what way has the free exercise of religion
  become a political issue?
        The First Amendment
           Freedom of Religion
• The establishment clause provides that
  Congress shall make no law respecting an
  establishment of religion. Issues include the
  following:
  – School prayer
  – Bible reading
• The free exercise clause protects the right
  to believe and practice whatever religion
  one chooses. Issues include the following:
  – Polygamy
  – Peyote use
         The First Amendment
          Freedom of Speech
• What forms of speech are protected by the
  First Amendment?
• What forms of speech are not protected?
        The First Amendment
            Freedom of Speech
• Strict Scrutiny places the burden on the
  government to prove that a restriction on
  speech or press is constitutional:
   – Political speech is afforded the greatest
     protection.
   – Symbolic speech (flag burning) is
     protected speech.
   – Speech that is not protected:
     • Speech that presents a clear and present danger
     • Libel and slander
     • Obscenity
       The Second Amendment
       The Right to Bear Arms
• Is the right to bear arms guaranteed by the
  Bill of Rights?
• How is its exercise restricted?
      The Second Amendment
        The Right to Bear Arms
• “A well regulated militia, being necessary
  to the security of a free State, the right of
  the people to keep an bear Arms, shall not
  be infringed.”
   – Yet, no gun control legislation has ever
     been declared unconstitutional.
  Rights of the Criminally Accused

• Do criminals have rights?
• How do the Fourth, Fifth, Sixth, and Eighth
  Amendments provide for due process of the
  law?
   Rights of the Criminally Accused
        The Fourth Amendment
• “The right of the people to be secure in their
  persons, houses, papers, and effects against
  unreasonable searches and seizures, shall not
  be violated, and no Warrants shall issue, but
  upon probable cause.”
• Failure to comply with the Fourth Amendment
  restricts the use of evidence pursuant to the
  exclusionary rule (Mapp v. Ohio).
 Rights of the Criminally Accused
      The Fifth Amendment
• A person has the right to a grand jury to
  determine the merit of criminal charges.
• A person cannot be tried for the same crime
  twice (double jeopardy).
• Individuals have the right to remain silent
  and cannot be compelled to testify against
  themselves in a criminal case.
• Property cannot be taken by the government
  without just compensation.
         The Right to Counsel
         The Sixth Amendment
• “In all criminal prosecutions, the accused
  shall . . . Have the Assistance of Counsel.”
• Gideon v. Wainwright established the right
  to counsel in all felony cases.
     Cruel and Unusual Punishment
        The Eighth Amendment
• The Eighth Amendment prohibits excessive
  bail, excessive fines, and cruel and unusual
  punishment.
• The death penalty was declared unconstitutional
  in 1972 but was reinstated in 1976 after
  procedural changes were implemented.
        The Right to Privacy
• What is the right to privacy?
• How has it been derived from the Bill of
  Rights?
• What form does the right to privacy take
  today?
        The Right to Privacy
• Griswold v. Connecticut (1965) created a
  “zone of privacy” when it was ruled that the
  state of Connecticut could not prohibit the
  use of contraceptives:
   – The Supreme Court concluded that a right
     to privacy was created through the Third,
     Fourth, and Fifth Amendments
           The Right to Privacy
                Abortion
• In Roe v. Wade (1973), the right to privacy
  was extended, as the Supreme Court
  declared restrictive abortion statutes
  unconstitutional.
• In Webster v. Reproductive Health Services
  (1989), the Supreme Court upheld
  restrictions on the use of public facilities for
  abortions.
• In Planned Parenthood v. Casey (1992), the
  court narrowed the scope of Roe v. Wade.
          The Right to Privacy
            Homosexuality
• In Bowers v. Hardwick (1986), the Supreme
  Court upheld Georgia’s sodomy statute when it
  ruled that the federal Constitution confers no
  right on homosexuals to engage in sodomy.
• In Romer v. Evans (1996), the Supreme Court
  struck down a Colorado constitutional
  amendment that prohibited antidiscrimination
  measures designed to protect the rights of
  homosexuals.
   The Future of Civil Liberties
• What is the likelihood that the Supreme
  Court will try to reverse the nationalization
  of the Bill of Rights?
   The Future of Civil Liberties
• The Rehnquist Court has not actually
  reversed important decisions made by the
  Warren or Burger Courts.
• The current balance of justices makes any
  significant reversals unlikely.

				
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