Limits on the Government Civil Liberties Limits on the Government This presentation is the property of Dr. Kevin Parsneau for use by him and his current students. No other person may use or reprint without his permission.

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

Bill of Rights (First Amendment) "Lemon Test“ (Lemon v Kurtzman 1971) 1. 2. 3.

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 "Right to keep and bear arms" “Well Regulated Militia Clause” District of Columbia v. Heller (2008) McDonald v. Chicago (2010)

Second Amendment 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.

Bill of Rights Third Amendment Griswold v. Connecticut (1965) 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)

Bill of Rights Rights of Criminally Accused Fourth Amendment Search and Seizure Exclusionary rule

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

Bill of Rights Sixth Amendment Seventh Amendment Eighth Amendment Speedy trial Compel witnesses Seventh Amendment Trial by jury in civil cases Eighth Amendment No cruel and unusual punishments

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 court decisions  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.