Civil Liberties and The Bill of Rights
I. Liberties V. Rights A.Civil Liberties- the personal rights and freedoms that government can not take away.(protection from gov’t) B.Civil Rights- equal protection and opportunity for all. C.Do we have a bill of rights or a bill of liberties?
II. Bill of Rights A. In Barron v. Baltimore the Supreme Court ruled that the limitations in the Bill of Rights only applied to the federal government.
III. Incorporation Doctrine A.The 14 th amendment “No state shall abridge the privileges and immunities of its citizens” B.Gitlow V. New York(1925) A.The Supreme Court ruled that states can not violate freedom of speech. B.Most of the provisions of the Bill of Rights were incorporated under the Warren Court.
Incorporation Doctrine
IV. Freedom of Religion A.Establishment clause: no government sponsorship of religion B.Free exercise clause: government can’t interferer in your religious beliefs C. How has this been controversial in modern times.
C. The Lemmon Test Lemmon v. Kurtzman (1971) 1)Legislation must be a)Secular, not religious b)Its primary effect must neither advance nor inhibit religion c)It must avoid an “excessive entanglement of government with religion.”
V. Freedom of Speech and the Press A)Shenck V. US (1919)- Speech that creates a clear and present danger is not protected by the 1 st amendment. B)Texas V. Johnson(1989)- Flag burning is a form of free speech and protected by the 1 st amendment
C. McConnell v. Federal Elections Commission (2003) -bans on soft money and restrictions placed on television advertising did not violate freedom of speech D. Citizens United V. FEC (2010) - Overturned the above case and ruled that corporate funding of political advertisements that do not specifically endorse a candidate are protected by the 1 st amendment.
april /floyd-abrams
VI. Right to Bear Arms 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. A.D.C. V. Heller- Struck down a Washington DC gun control law that banned hand guns and required legal guns to be unloaded B.McDonald V. Chicago- Incorporated the 2 nd amendment to apply to states
VII. Right to privacy A.The 3 rd amendment has only been used once and has never been incorporated. B.Mapp V. Ohio (1961) incorporated the 4 th amendment and determined that police may only obtain evidence through a legal search warrant.
VIII. Right to due Process A) A series of steps that protect the rights of the accused at every step of the investigation and limit how government power may be exercised.
1)Habeas Corpus- Article 1, Section 9 of the Constitution directs the police to show cause of why a person is being held. 2)A Speedy Trial- No more than 100 days after arrest 3)Right to a an attorney 4)Double Jeopardy- you cannot be tried twice for the same crime.
2) Key Court Cases A)Gideon v. Wainright -the accused have the right to an attorney, even if they can not afford one. B) Miranda v. Arizona -Established the Miranda rights which direct the police to inform the accused that they have the right to remain silent and they have the right to consult with a lawyer. C) New York v. Quarles- “public safety” exception
IX. Eight Amendment “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted”. A.Gregg v. Georgia -Death penalty is not cruel and unusual.
X. Ninth Amendment A.Those rights not listed in the Constitution shall not be taken away either. 1.Abortion 2.Right to die