CIVIL RIGHTS AND CIVIL LIBERTIES CONTINUED…..

CITIZENS RIGHTS a. Governments around the globe have curtailed citizens' rights during war and other emergency situations.

1. The important question is: are there certain rights that should never be thwarted, emergency or not?

A. Lincoln  1. During the Civil War (1861–65), President Abraham Lincoln tried to suspend the right of habeas corpus—as allowed under Article 1, section 9, during times of “Rebellion or Invasion”—but was thwarted by the Supreme Court.

The Great Writ….  “The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances.”

B. Korematsu V US 1. During World War II, however, in Korematsu v. United States (1944), the Court sustained the relocation of Japanese Americans to internment camps as a valid wartime measure.

C. September 11th  1. shortly after the attacks on the United States of September 11, 2001, the president gave authority to two high-ranking military leaders to shoot down any civilian aircraft suspected of being hijacked for terrorist purposes.

2. Should such an order ever be given, its implications for the rights of innocent passengers may become a constitutional issue for the courts

Waiver of Rights  A. A person does not have to take advantage of the rights s/he is entitled to. 1. An accused person may waive the right to a jury trial. 2. Failure to appear in court or to take advantage of the assistance of counsel provided may also constitute a waiver of rights.

B. Brady v. United States (1970), 1. The Supreme Court held that rights could not be Inadvertently waived. a. waiver must be voluntary and “knowing, intelligent [and] done with sufficient awareness of the relevant circumstances and likely consequences.” 