Limits on the Government Civil Liberties Limits on the Government

Civil Liberties

Civil Liberties What are the differences between civil liberties and civil rights? What civil liberties are stated in the original text of the Constitution? What civil liberties are stated in the Bill of Rights? How has the American view of civil liberties changed through history?  What are some current controversies surrounding civil liberties?

Civil Liberties vs Civil Rights Civil Liberties—constraints upon the power of government vis-a-vis its citizens.   Civil Rights—powers and privileges guaranteed to individuals by government.

Protections in the Original Text of Constitution  Habeas corpus Bills of attainder   Ex post facto laws

Bill of Rights First Amendment Freedom of Religion Freedom of Speech Freedom of Assembly Freedom of Press

Establishment Clause and Free Exercise Clause Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Bill of Rights (First Amendment) Freedom of Religion "Establishment Clause“ “Wall of Separation” "Free Exercise Clause” 1993 Religious Freedom Restoration Act

Free Exercise of Religion Religious Freedom Restoration Act Even laws that do not intend to limit free exercise of religion can result in doing so Laws should not burden the free exercise of religion unless it furthers a “compelling government interest” Laws should only do so in the “least restrictive manner possible.”

Bill of Rights (First Amendment) "Lemon Test“ (Lemon v Kurtzman 1971) 1. Secular legislative purpose; 2. Neither advancing or inhibiting religion 3. No "excessive government entanglement" with religion

Bill of Rights (First Amendment) Freedom of Speech Obscenity and "community standards" Buckley v. Valeo 1976 Citizens United v. F.E.C. 2010 Libel (written) Slander (spoken) "Fighting Words" "Clear and Present Danger" test

Bill of Rights (First Amendment) Freedom of Assembly “Speech Plus” Freedom of Press “No Prior Restraint” Near v. Minnesota (1931) Freedom of Information Act

Bill of Rights (First Amendment) Freedom of Religion Freedom of Speech Freedom of Assembly Freedom of Press

Bill of Rights Second Amendment "Right to keep and bear arms" “Well Regulated Militia Clause” “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”  District of Columbia v. Heller (2008) McDonald v. Chicago (2010)

Bill of Rights Third Amendment No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Third Amendment “No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.” Griswold v. Connecticut (1965) determined that citizens have a “Zone of Privacy” based in part upon the Third Amendment.

Bill of Rights Protections of the Criminally Accused Fourth Amendment Fifth Amendment Sixth Amendment Seventh Amendment Eighth Amendment Protections when citizens are most vulnerable to government authority

Fourth Amendment Protections of the Criminally Accused No unlawful search and seizure Exclusionary rule: courts can exclude from trial any evidence obtained through unlawful search and seizure.

Fifth Amendment Protections of the Criminally Accused Fifth Amendment “Counsel and Self-incrimination” Double jeopardy Miranda Rights (Miranda v. Arizona) Eminent domain

Sixth Amendment Protections of the Criminally Accused Sixth Amendment Speedy trial Compel witnesses

Seventh Amendment Rights of the Criminally Accused Seventh Amendment Trial by jury in civil cases

Eighth Amendment Protections of the Criminally Accused No cruel and unusual punishments

Ninth Amendment “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

Selective Incorporation Civil liberties limiting the federal government have become limits upon the state governments through the Due Process Clause of the XIV Amendment. Amendment I Amendment II Amendment III Amendment IV Amendment V Amendment VI Amendment VII Amendment VIII

Privacy Issues Griswold v. Connecticut (1965) Abortion rights Access to birth control information  Abortion rights Roe v. Wade (1973)  Homosexuality Bower v. Hardwick (1986) Lawrence v. Texas (2003) Recent Controversies  Euthanasia

Post 9-11 USAPATRIOT –(Uniting Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorists Act) Suspicionless Searches Data Mining Gag orders on people turning over records

Some thoughts Civil liberties are limits upon the government Most of our civil liberties were not in the original Constitution but outlined in the Bill of Rights. Through history our views and the legal impact of civil liberties has changed. Civil liberties are still controversial.