WILSON 5B PROTECTING CIVIL LIBERTIES

CHURCH AND STATE First Amendment Religion Free-exercise clause Establishment cause Speech Press Assembly Petition

FREE-EXERCISE CLAUSE Clear meaning No state interference Similar to speech No laws to burden practice Not allowed to break the law Differences Conscientious objection Work, school requirements

ESTABLISHMENT CLAUSE Ambiguous phrasing Not applicable to states Court interpretations Neutrality Public schools Parochial schools Lemon Test Secular purpose Primary effect neither advances nor religion No excessive entanglement with religion

“WALL OF SEPARATION” Not found in Constitution Jefferson letter Danbury Baptist Church “Wall of Separation”

CRIME AND DUE PROCESS Amendments 4-8 Search and seizure (fourth) Punish officers for illegal evidence (world) Dismiss illegally obtained evidence (US) Self-incrimination (fifth) Exclusionary rule Terrorism

EXCLUSIONARY RULE Challenge evidence in the courtroom Illegally gathered cannot be used in trial Relaxing rule Any evidence is admissible Too technical to stop misconduct Limited coverage Good-faith exceptions Consideration of public safety Inevitability

SEARCH AND SEIZURE With a properly obtained search warrant Incident to an arrest Person being arrested Things in plain sight Things or places under immediate control Cars, teenagers more latitude Expectation of privacy

SELF-INCRIMINATION Prevent torture or coercion Protect people who are unaware of rights Miranda Rule Confession in while in jail Public safety Modern awareness

TERRORISM AND CIVIL LIBERTIES Patriot Act Tap phones of suspects Court orders to tap internet and voic Share information Holding of non-citizens Track money Eliminate statute of limitations Increase penalties

TERRORISM AND CIVIL LIBERTIES Executive Order Non-citizens use military court Commission of officers 2/3 vote of commission Appeal to secretary of defense or president “unlawful combatants” American citizens working with enemy Set to expire in 2005 (2011) List of provisions of police powers Key players in design and renewal Successes of act

EXTENSION ACTIVITIES BRI Court Case DBQs Resource Manual page 49 Rights of Accused powerpoint BRI audio tapes/workbook Woll pages