IMPORTANT!! Students with last names beginning with A-L will write the mid-term exam in MC All students with last names beginning M-Z will write in DWE 2527.Students with last names beginning with A-L will write the mid-term exam in MC All students with last names beginning M-Z will write in DWE 2527.

IMPORTANT! SPECIAL MID-TERM OFFICE HOURS (MIKE McGREGOR)SPECIAL MID-TERM OFFICE HOURS (MIKE McGREGOR) –Wendesday, October 5th, 12:30-2:30 (PAS 1289) –No office hours Thursday.

Exam Tip of the Day... the mid-term exam will have two questions from Article #10: Stuart Taylor, Jr. "Rights, Liberties and Security." Brookings Review, Winter 2003.the mid-term exam will have two questions from Article #10: Stuart Taylor, Jr. "Rights, Liberties and Security." Brookings Review, Winter 2003."Rights, Liberties and Security.""Rights, Liberties and Security."

Civil Liberties

Contemporary Civil Liberties Issues... religious expressionreligious expression –school prayer

School Prayer Court rules against against mandated daily school prayer in Engel v. Vitale (1962) Court rules against against mandated daily school prayer in Engel v. Vitale (1962) –prohibition applied to formal prayers at school football games and the like, whenever prayer was organized by school officials 1985 – Supreme Court bans daily moment of silence (if students are encouraged to pray)1985 – Supreme Court bans daily moment of silence (if students are encouraged to pray) lower court ruling that pre-game invocations by coaches, officials or students at high school football games were unconstitutional lower court ruling that pre-game invocations by coaches, officials or students at high school football games were unconstitutional 1990 – Supreme Court rules that prohibiting religious/prayer groups in school is unconstitutional1990 – Supreme Court rules that prohibiting religious/prayer groups in school is unconstitutional 1992 – Supreme Court ruling that graduation prayers led by members of the clergy is unconstitutional1992 – Supreme Court ruling that graduation prayers led by members of the clergy is unconstitutional lower court ruling that informal student-initiated, student led prayers at sporting events were constitutional lower court ruling that informal student-initiated, student led prayers at sporting events were constitutional –students "are not enjoined from praying, either individually or in groups. Students may voluntarily pray together, provided such prayer is not done with school participation or supervision.“ –unconstitutional for the school administration to include a formal prayer in the game schedule –reasoning –reasoning decision (re: student led) prayers at football games upheld by Supreme Court in 2000decision (re: student led) prayers at football games upheld by Supreme Court in 2000 –likely extended to graduation ceremonies (although Court refused to consider graduation ceremonies)

School Prayer Illusrates... Court rules on the case at handCourt rules on the case at hand –does not present a comprehensive policy –single court cases do not resolve an issue authoritatively protagonists react and adapt their strategiesprotagonists react and adapt their strategies –policy (as determined by court rulings) is made up by a complex web of rulings in individual cases tension between various individual rights claimstension between various individual rights claims

School Prayer – The Status Quo court determined conditions under which public students may pray or practice religion...court determined conditions under which public students may pray or practice religion... –"at any time before, during or after the school-day," as long as the practice does not interfere with other students including before eating a meal at schoolincluding before eating a meal at school –in meetings of organized prayer or worship groups, either informally or as a formal school organization (if other student clubs are also allowed at the school) –schools can provide for a daily "moment of silence" to be observed as long as students are not encouraged to "pray" during the silent period.

Contemporary Civil Liberties Issues... religious expressionreligious expression –school prayer –sex education

Contemporary Civil Liberties Issues... abortionabortionabortion capital punishmentcapital punishment religious expressionreligious expression –school prayer –sex education –intelligent design

Background on Teaching Evolution Scopes v. The State (of Tennessee), 1927Scopes v. The State (of Tennessee), 1927 Epperson v. Arkansas, 1968Epperson v. Arkansas, 1968 Aguillard v. Edwards, 1987Aguillard v. Edwards, 1987 Kitzmiller v. Dover, 2005Kitzmiller v. Dover, 2005

Civil Liberties -- Absolute or Competing Claims competing claimscompeting claims –individual rights vs. general welfare –competing rights claims trends (to 9/11)trends (to 9/11) –trend has been towards expansion of the definition and scope of civil liberties –fewer government actions on behalf of general interest can justify limiting civil liberties –more and more issues redefined as competing rights claims – the legalization of politics

Legalized Politics -- The Implications positive aspects of legalized politicspositive aspects of legalized politics –offers access –not based on popular opinion negative aspects of legalized politicsnegative aspects of legalized politics –constrains general welfare –atomizing –style of politics adversarialadversarial not prone to compromisenot prone to compromise

Main Point! overall trend has been for Americans to increasingly view themselves as rights- bearing individuals and to resolve political disputes in this manneroverall trend has been for Americans to increasingly view themselves as rights- bearing individuals and to resolve political disputes in this manner

SECURITY AND CIVIL LIBERTIES POST 9/11

Security and Civil Liberties – An Altered Balance Post-9/11 order/security vs. individual libertyorder/security vs. individual liberty immediate government reaction to 9/11immediate government reaction to 9/11 detention of non-citizens without laying chargesdetention of non-citizens without laying charges order that solicitor-client privilege would not be honored by Justice Departmentorder that solicitor-client privilege would not be honored by Justice Department refusing to provide name, location of detention or numbers of those arrestedrefusing to provide name, location of detention or numbers of those arrested –overwhelming public support 86% viewing govt’s action as appropriate (Newsweek)86% viewing govt’s action as appropriate (Newsweek)

Security and Civil Liberties – An Altered Balance Post-9/11 Uniting andUniting and StrengtheningStrengthening America byAmerica by ProvidingProviding AppropriateAppropriate ToolsTools Required toRequired to Intercept andIntercept and ObstructObstruct TerrorismTerrorism

Security and Civil Liberties – An Altered Balance Post-9/11 Uniting andUniting and StrengtheningStrengthening America byAmerica by ProvidingProviding AppropriateAppropriate ToolsTools Required toRequired to Intercept andIntercept and ObstructObstruct TerrorismTerrorism

Security and Civil Liberties – An Altered Balance Post-9/11 USA PATRIOT ActUSA PATRIOT Act –ratification of Administration’s response to 9/11 broadened government ability to implement wiretappingbroadened government ability to implement wiretapping access to medical, financial, educational and other records (National Security letters)access to medical, financial, educational and other records (National Security letters) surveillance of s and computerssurveillance of s and computers power to detain and deport foreignerspower to detain and deport foreigners increased power to detect money launderingincreased power to detect money laundering –received overwhelming support in both House and Senate –significant public support

Source: ABC News Poll Vault. November 2001.

Security and Civil Liberties – An Altered Balance Post-9/11 USA PATRIOT ActUSA PATRIOT Act –ratification of Ashcroft response broadened government ability to implement wiretappingbroadened government ability to implement wiretapping access to medical, financial, educational and other records (National Security letters)access to medical, financial, educational and other records (National Security letters) surveillance of s and computerssurveillance of s and computers power to detain and deport foreignerspower to detain and deport foreigners increased power to detect money launderingincreased power to detect money laundering –received overwhelming support in both House and Senate –implementation,

Security and Civil Liberties – An Altered Balance Post-9/11 Patriot Act IIPatriot Act II making parts of PATRIOT Act set to expire permanentmaking parts of PATRIOT Act set to expire permanent

Security and Civil Liberties – An Altered Balance Post-9/11 Patriot Act IIPatriot Act II making parts of PATRIOT Act set to expire permanentmaking parts of PATRIOT Act set to expire permanent passed by House of Representatives and Senate, 2005passed by House of Representatives and Senate, 2005

Main Point! there is a strong tension between individual rights and collective well- being in the American political systemthere is a strong tension between individual rights and collective well- being in the American political system HOWEVER, both are recognized in the American constitution (and in American political practice)HOWEVER, both are recognized in the American constitution (and in American political practice)

The Constitution of the United States of America (1787) “We the people of the United States, in Order to form a more perfect Union, establish Justice, insure domestic tranquility, provide for the common defence, 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.”