Ch. 19 and 20 Civil Liberties and Civil Rights

The Unalienable Rights  Civil Liberties – protections against the government  Civil Rights – positive acts of government that seek to make constitutional guarantees a reality for all people.

Rights are relative, not absolute  No one in the U.S. has the right to do anything he or she pleases.  You cannot infringe upon others’ rights Ex: Free Speech Who has guaranteed rights? - Citizens as well as aliens (people who are not citizens of the country in which they live)

Federalism and Individual Rights  Provisions in the Bill of Rights apply to the National Government  States must abide by the 14 th Amendment – Rights of Citizens (Due Process Clause)  No state can deny to any person any right that is “basic or essential to the American concept of ordered liberty.”

9 th Amendment  There are rights beyond those set out in the Constitution.  The Supreme Court has found that there are more rights “retained by the people” Ex: accused persons will not be tried on the basis of evidence unlawfully obtained. Ex: the right of women to have an abortion without undue inference by the government.

Abortions in the U.S.  (don’t write this 1 st bullet)As of November 2006, 34 states require some parental involvement for a minor to obtain an abortion; 21 states require parental consent only; 11 states require parental notification only; two states require both parental consent and notification.  – 1,206,200 abortions in US  GA – 2006 – 27,642 abortions  GA. – legal in 1 st trimester unless it threatens woman’s life

Freedom of Expression  1 st and 14 th Amendments set out two guarantees of religious freedoms “establishment of religion”  separation between church and state “the free exercise”  right to hold one’s own religious beliefs

Religion and Education  Prayers and the Bible Wallace vs. Jaffree – 1985 – moment of silence was unconstitutional State courts have upheld “moment of silence”  A Georgia state law passed in 1994 says that students will open their school day with a one-minute "silent reflection on the anticipated activities of the day.”

Religion and Education  Student Religious Groups Students allowed to hold meetings at school, but school can’t sponsor the meetings

Religion and Education  Aid to Parochial Schools Lemon Test  Aid must be clearly secular  Primary effect must neither advance nor inhibit religion  Must avoid an “excessive entanglement of government with religion.”

Freedom of Speech and Press  1 st and 14 th – two fundamental purposes Guarantee to each person a right of free expression, in the spoken and written language Guarantee to all persons a full, wide- ranging discussion of public affairs Govt. can limit communication is through advertising

Freedom of Speech and Press  Libel – the false and malicious use of printed words  Slander - false and malicious use of spoken words  Sedition – crime of attempting to overthrow the government by force or to disrupt its lawful activities by violent acts  Shield laws – protection for reporters from having to disclose sources.

Freedom of Speech and Press  Obscenity – Miller vs. California (1973) It if “excites lust” A form of sexual conduct “The work, taken as a whole, lacks serious literary, artistic, political, or scientific value.” The city cannot regulate the location, but can require them to be beyond 1,000 ft. of schools, parks, churches, etc.

Freedom of Assembly and Petition  1 st and 14 th Amendments allow people to: Assemble – to gather with one another PEACEFULLY!  Not on private property ex. Shopping centers Petition – written  Content Neutral – Govt. can regulate assemblies on the basis of time, place, and manner, but cannot regulate assemblies on the basis of what might be said

Freedom of Assembly and Petition  Public Property Supreme Court requires advance notice be given  Private Property Cannot trespass on private property However, a State supreme court may interpret the provisions of that State’s constitution in a way to allow the reasonable exercise.

Chapter 20 – Civil Liberties  Due Process – fairness under the law 5 th Amendment – no person shall be denied life, liberty, or property without due process 14 th Amendment- states cannot deny Bill of Rights Substantive – the govt. should have fair laws  EX: search and seizure Procedural – the govt. should follow fair methods(procedures).  Parents choosing private vs. public schooling

Police Powers  Safeguard the well-being of its people  1. health  2. safety  3. welfare  4. morals  Sometimes police powers conflict with civil rights

Police Power and Due Process:  Does it violate your 4 th Amendment rights: To be stopped at a road block?  NO To be asked to take a breathalizer?  NO To be forced to take a breathalizer?  YES

Police Power and Due Process:  Does it violate your 4 th Amendment rights: To be randomly tested for drugs in the workplace?  YES, without probable cause  NO, as a condition of employment To be tested for AIDS in the workplace?  YES To be tested for AIDS as a term of insurance?  NO

4 th Amendment Prohibits illegal search and seizures without Probable cause – reasonable suspicion Search warrant – a court order authorizing a search  Exclusionary rule – Any evidence obtained in an illegal search and seizure cannot be used as evidence in a Court.  “Good Faith” Ruling – if the officer thinks the warrant is valid and it later proves that it is not, the evidence CAN BE USED.  Prior Restraint –Government action seeking to curb ideas before they are expressed.

Rights of the Accused – 5 th and 6 th Amendments  Writ of Habeas Corpus – A Just Cause Hearing – usually within 72 hours Prisoner must be brought before the court to discuss being released. Possible Evidence  No Ex Post Facto Law Cannot apply law retroactively  Right to an attorney – 6 th  No Self-incrimination – 5 th

Rights of the Accused  No Double Jeopardy – 5th  Miranda Rule  Right to Adequate Defense – 6 th  Grand Jury Made up of 23 people who meet in secret and review evidence against the accused and if needed, will hand down an indictment (formal complaint)

Rights of the Accused – 8 th Amendment  No Excessive Bail  No Cruel or Unusual Punishment The Death Penalty  States decide if they want it  5 acceptable methods Gas chamber Electric chair Lethal injection Hanging Firing Squad

8 th – No Cruel or Unusual Punishment  States decide what time to execute  Georgia has the death penalty  Alabama chair – “Yellow Mama”  Florida and Georgia ”Old Sparky”

Treason  Only crime defined in the Constitution is Treason.