Civil Liberties “Your rights as Americans”

Please answer the following questions 1.Do you have the right to privacy within the Bill of Rights? 1.Should that right extend to the right to have an abortion? 2.Should that right extend to the right to gay marriage? 2.Should states be tied to the same civil liberties as the federal government? 3.What types of speech should be restricted? 4.Should there be any restrictions on the freedom of religion? What if your religion uses illicit drugs in ceremonies? 5.Should illegally obtained evidence be allowed in serious cases? Which ones? 6.Is the Death penalty cruel and unusual punishment? Are there certain crimes that it fits and others it does not?

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 – “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

Liberties Protected in the Constitution Writ of Habeas Corpus shall not be suspended –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 No Ex Post Facto Laws –“after the fact” –Being charged for committing a crime, that wasn’t a crime when the person committed the action No Bills of Attainder –Legislative act that punishes an individual without judicial trial –Court should decide guilt, not Congress

Bill of Rights 1.Free speech, press, assembly, petition, religion 2.Right to bear arms 3.Prohibits quartering soldiers 4.Restricts illegal search and seizures 5.Provides grand juries, restricts eminent domain (gov can’t take private property unless compensation), prohibits forced self-incrimination, double jeopardy (can’t be charged for the same crime twice)

Bill of Rights 6. Outlines criminal court procedure - speedy fair trial, within the jurisdiction of where the crime took place, confront witnesses and call witnesses 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. Gov by Constitution

14 th 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

Protecting rights Judicial Review –Marbury v. Madison –Role of the Supreme Court to protect the American public against their Constitutional rights Legislative Protection –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 Engel v. Vital - Prayer in School

Free Speech DOES NOT mean that you can “say anything you want”… but pretty close Restrictions Threat to national security or incitement of crime Defamation / Libel – false written statement attacking someone’s character, with intent to harm Obscenity – not protected, hard to define – Ex. Pornographic material Hate speech - the targeting of specific groups based on race, religion, sexuality…..

Right to Privacy Not in the Constitution Amendment used to protect the right to privacy –1st Privacy in Belief –3rd Privacy in Home –4th Privacy of Person and Possessions –9th General or Broad Protection of Privacy –14th Liberty Clause (No State shall... deprive any person of life, liberty, or property without due process of law) Griswold v. Connecticut (1965)- 9th and 14th Roe v. Wade (1971) - 9th and 14th Privacy in a digital age?

Due Process 5 th and 14 th 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 4 th Amendment Freedom from “unreasonable search and seizure” Prevent police abuse Ex. Mapp v. Ohio (Exclusionary Rule)

Self-incrimination 5 th Amendment No one “shall be compelled to be a witness against himself.” Miranda v. Arizona - witness must be informed to right to counsel and right against self-incrimination in order to make statements admissible in court

Cruel and Unusual Punishment Protected by the 8th amendment Death Penalty –Not brought to the Supreme Court until 1972 (Furman v. Georgia) - death penalty in question did constitute cruel and unusual punishment –Gregg v. Georgia - reversed the Furman v. Georgia ruling –Court has allowed the states the right to use capital punishment, stating that it is not cruel and unusual punishment

Right v. Right Most cases are not simple, they often pit two rights against each other Ex. – Virginia v. Black –Cross Burning –Protection of intimidation v. symbolic speech –Supreme Court upholds the Virginia statute