AP U.S. GOVERNMENT & POLITICS – Civil Liberties

What are “Civil Liberties”? Constitutional protections against government denial of individual freedoms. Basic individual freedoms found in . . . The Bill of Rights (1st 10 Amendments). AP U.S. GOVERNMENT & POLITICS – Civil Liberties

AP U.S. GOVERNMENT & POLITICS – Civil Liberties Bill of Rights 1st Amendment . . . Freedom of Religion Freedom of Speech Freedom of Assembly AP U.S. GOVERNMENT & POLITICS – Civil Liberties

AP U.S. GOVERNMENT & POLITICS – Civil Liberties Bill of Rights 2nd Amendment . . . The right to bear arms AP U.S. GOVERNMENT & POLITICS – Civil Liberties

AP U.S. GOVERNMENT & POLITICS – Civil Liberties Bill of Rights 4th, 5th, 6th & 8th Amendments . . . ~ Rights of Defendants ~ Searches & Seizures ~ Self-Incrimination ~ Right to Counsel ~ Trials ~ Cruel & Unusual Punishment AP U.S. GOVERNMENT & POLITICS – Civil Liberties

AP U.S. GOVERNMENT & POLITICS – Civil Liberties A Key Question Does the Bill of Rights apply to States? 1st Amendment begins . . . “Congress shall make no law respecting an establishment of religion . . . Etc.” AP U.S. GOVERNMENT & POLITICS – Civil Liberties

AP U.S. GOVERNMENT & POLITICS – Civil Liberties A Key Question Does the Bill of Rights apply to States? Barron v. Baltimore (1833) Held that the Bill of Rights only restrains the federal government, not the states AP U.S. GOVERNMENT & POLITICS – Civil Liberties

AP U.S. GOVERNMENT & POLITICS – Civil Liberties A Key Question Does the Bill of Rights apply to States? Gitlow v. New York (1925) Benjamin Gitlow was a member of the Socialist Party of America Was involved in publishing The Revolutionary Age & Left Wing Manifesto Arrested under the Criminal Anarchy Law of New York AP U.S. GOVERNMENT & POLITICS – Civil Liberties

AP U.S. GOVERNMENT & POLITICS – Civil Liberties A Key Question Does the Bill of Rights apply to States? Gitlow v. New York (1925) Held that the 1st Amendment freedoms of press and speech are “protected by the due process clause of the 14th Amendment from impairment by the states” But the Supreme Court upheld his conviction . . . stating that the government could suppress speech that advocated the unlawful overthrow of the government AP U.S. GOVERNMENT & POLITICS – Civil Liberties

AP U.S. GOVERNMENT & POLITICS – Civil Liberties A Key Question The 14th Amendment (1868) No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States nor shall deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. AP U.S. GOVERNMENT & POLITICS – Civil Liberties

AP U.S. GOVERNMENT & POLITICS – Civil Liberties A Key Question . . . Answer The Incorporation Doctrine Legal concept under which the Supreme Court has applied most of the Bill of Rights to the states . . . through the 14th Amendment AP U.S. GOVERNMENT & POLITICS – Civil Liberties

AP U.S. GOVERNMENT & POLITICS – Civil Liberties Freedom of Religion The Establishment Clause Congress shall make no law respecting an establishment of religion . . . Jefferson argued that a “wall of separation” prevented government support of religion AP U.S. GOVERNMENT & POLITICS – Civil Liberties

AP U.S. GOVERNMENT & POLITICS – Civil Liberties Freedom of Religion Lemon v. Kurtzman (1971) Aid to church-related schools must: ~ Have a secular legislative purpose ~ Have a primary effect that neither advances nor inhibits religion ~ Not foster an excessive government entanglement with religion AP U.S. GOVERNMENT & POLITICS – Civil Liberties

AP U.S. GOVERNMENT & POLITICS – Civil Liberties Freedom of Religion Zelman v. Simmons-Harris (2002) Court held that a state could provide vouchers to help parents pay for tuition at religious schools. Engel v. Vitale (1962) Court held that state officials violated the 1st Amendment when they wrote a prayer to be recited by New York schoolchildren. AP U.S. GOVERNMENT & POLITICS – Civil Liberties

AP U.S. GOVERNMENT & POLITICS – Civil Liberties Freedom of Religion “the place of religion in our society is an exalted one . . . but in the relationship between man and religion, the State is firmly committed to a position of neutrality” Court does not require complete separation of Church & State . . . instead mandates accommodation of all religions and forbids hostility toward any Constitution forbids government endorsement of any specific religious beliefs Dilemma = drawing a line between neutrality / accommodation and promotion AP U.S. GOVERNMENT & POLITICS – Civil Liberties

AP U.S. GOVERNMENT & POLITICS – Civil Liberties Freedom of Religion The Free Exercise Clause Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . . = tolerance of religious views AP U.S. GOVERNMENT & POLITICS – Civil Liberties

AP U.S. GOVERNMENT & POLITICS – Civil Liberties Freedom of Religion Generally courts accept the right to believe whatever people want. However, the courts and legislatures may restrict practices: Examples: Use of peyote (drugs) Polygamy (multiple spouses) What about Animal sacrifice? What about Teen sacrifice? AP U.S. GOVERNMENT & POLITICS – Civil Liberties

AP U.S. GOVERNMENT & POLITICS - Constitution Reading Government Text: Pages Introduction 101 – 102 The Bill of Rights 103 – 104 Freedom of Religion 105 – 110 AP U.S. GOVERNMENT & POLITICS - Constitution