“Your rights as Americans” Civil Liberties “Your rights as Americans”

Founding Documents Declaration of Independence - “We hold these truths to be self-evident; that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness.” Constitution – framers believed in natural rights

Writ of Habeas Corpus Art. 1, Sec. 9 “Produce the body” Requires government officials to present a prisoner in court and to explain to the judge why the person is being held

Ex Post Facto Laws “after the fact” Being charged for committing a crime, that wasn’t a crime when the person committed the action

Bills of Attainder Legislative act that punishes an individual without judicial trial Court should decide guilt, not Congress

Bill of Rights Free speech, press, assembly, petition, (expression, symbolic) AND religion’s two clauses: A. establishment clause B. Free exercise clause 2. Right to bear arms 3. Prohibits quartering soldiers 4. Restricts illegal search and seizures (probable cause, reasonable suspicion, search warrants, exclusionary rule)

Bill of Rights 5. Due process: Provides grand juries, restricts eminent domain (govt can’t take private property unless compensation), prohibits forced self-incrimination, double jeopardy (can’t be charged for the same crime twice)

6. Outlines criminal court procedure The Sixth Amendment to the U.S. seven discrete personal liberties: (1) the right to a Speedy Trial; (2) the right to a public trial; (3) the right to an impartial jury; (4) the right to be informed of pending charges; (5) the right to confront and to cross-examine adverse witnesses; (6) the right to compel favorable witnesses to testify at trial through the subpoena power of the judiciary; and (7) the right to legal counsel.

Bill of Rights Continued 7. Trial by jury 8. Prevent excessive bail and cruel and unusual punishment 9. Amendments 1-8 do not necessarily include all possible rights of the people 10. Reserves for the states any powers not delegated to Fed. Govt by Constitution

14th Amendment “privileges and immunities” – Constitution protects all citizens Due process – prohibits abuse of life, liberty, or property of any citizen, state rights were subordinate to Fed rights Equal protection clause – Constitution applies to all citizens equally

Judicial Review Marbury v. Madison The power of the Supreme Court to judge the constitutionality of a law

Legislative Action Sometimes laws can guarantee rights Ex. Civil Rights Act of 1964

Religion “Establishment” clause – prohibits the gov’t from establishing an official church “Free exercise” clause – allows people to worship as they please

Free Speech DOES NOT mean that you can “say anything you want”… but pretty close Restrictions Threat to national security Libel – false written statement attacking someone’s character, with intent to harm Obscenity – not protected, hard to define – Ex. Pornographic material Symbolic speech – action to convey a message

Right to Privacy Not in the Constitution Griswold v. Connecticut (1965) Roe v. Wade (1971) Yahoo and Google – search and e-mails?

Due Process 5th and 14th Amendment Forbids national AND state gov to “deny any person life, liberty, or property without due process of law.” Procedural – fair trial Substantive – fundamental fairness

Search and Seizure 4th Amendment Freedom from “unreasonable search and seizure” Prevent police abuse Ex. Mapp v. Ohio

Self-incrimination 5th Amendment No one “shall be compelled to be a witness against himself.” Miranda v. Arizona 1966

Right v. Right Most cases are not simple They often pit two rights against each other Ex. – freedom of press v. national security