1. Unit 4 Civil Liberties and Civil Rights Chs. 19-21

2. I. Bill of Rights (1-10) A. 1 st Amendment: 1. F REEDOM OF R ELIGION J EFFERSON - “Wall of Separation” The Lemon Test (Lemon v. Kurtzman, 1971) Chapter 19, Section 2 3333 4444 1111 The purpose must be nonreligious. Can neither advance nor inhibit religion. Must not excessively entangle the government with religion. 2. F REEDOM OF S PEECH Freedom is NOT absolute (Schenck v. United States) Obscenity (Miller v. California) Symbolic speech (Texas v. Johnson) Citizens United v. Federal Election Commission 3. F REEDOM OF THE P RESS 4. R IGHT TO A SSEMBLE 5. R IGHT TO P ETITION THE G OVERNMENT “community standards”

3. I. Bill of Rights (1-10) [con’t.] B. 2 nd Amendment: 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. 1. militia - a body of citizen soldiers as distinguished from professional soldiers. 2. Powers v. Rights R IGHT – District of Columbia v. Heller C. 3 rd Amendment: protections against housing troops in private homes

4. I. Bill of Rights (1-10) [con’t.] D. 4 th Amendment: protections against unwarranted searches and seizures Probable cause – there is a reasonable basis for believing that a crime may have been committed (for arrest) and that evidence of the crime is present in the place to be searched (for search). Exclusionary Rule – evidence gained illegally cannot be used in court.

5. I. Bill of Rights (1-10) [con’t.] E. 5 th Amendment: 1. D UE P ROCESS (proper legal procedures) The 5th Amendment provides that “no person … shall be deprived of life, liberty, or property without due process of law…”. a. Substantive due process – the law itself b. Procedural due process – how law is enforced c. 14 th Amendment - extends due process to State and local governments. Process of Incorporation – most of the Bill of Rights now apply to the States.

6. The Meaning of Due Process

7. I. Bill of Rights (1-10) [con’t.] E. 5 th Amendment: [con’t.] 2. D OUBLE J EOPARDY – can’t be tried twice for same crime 3. S ELF -I NCRIMINATION – right to remain silent 4. E MINENT D OMAIN – just compensation K ELO V. N EW L ONDON, CT

8. I. Bill of Rights (1-10) [con’t.] F. 6 th Amendment: right to council and jury in criminal trials G. 7 th Amendment: right to jury in civil trials H. 8 th Amendment: protections against cruel and unusual punishment

9. a. R IGHT TO P RIVACY Established in Griswold v. Connecticut, 1965, outlawing birth-control was unconstitutional. Uses IX, I, III, V & XIV amendments provoked controversy when Roe v. Wade, 1973, applied the right to privacy to a woman’s right to an abortion. I. 9 th Amendment: rights are not restricted to those listed in Amendments 1-8. b. A BORTION

10. I. Bill of Rights (1-10) [con’t.] J. 10 th Amendment: those powers not stated are reserved to the states and the people

11. 1. Writ of Habeas Corpus— A court order which prevents unjust arrests and imprisonment 2. Bills of Attainder— laws passed by Congress that inflict punishment without a court trial 3. Ex Post Facto Laws— new laws cannot apply reprimands to individuals for actions that happened in the past II. Original Constitutional Rights

12. A. Slavery and Involuntary Servitude 1. The 13th Amendment, ratified in 1865, ended slavery in this country. It also protects against involuntary servitude, or forced labor. –Neither the draft nor imprisonment can be classified as involuntary servitude. 2. Unlike any other part of the Constitution, the 13th Amendment covers the actions of private individuals as well as the government. III. Slavery

13. IV. Affirmative Action A. Cases and Measures 1. Regents of the University of California v. Bakke, 1978 Allan Bakke sued the University of California for reverse discrimination and won. This case shows that the Constitution does not allow race to be used as the only factor in the making of affirmative action decisions. 2. Adarand Constructors v. Pena, 1995 The Supreme Court’s decision in this case holds that racial classifications imposed by the national government must be analyzed under a standard of “strict scrutiny” and that preferential treatment based on race is “almost certainly unconstitutional,” even if it is intended to benefit minority groups suffering from past injustices. the encouragement of increased representation of women and minority-group members, esp. in employment.

14. A. by B IRTH 2. Jus Sanguinis the law of the blood, or to whom one is born. A child who is born abroad to at least one citizen, and who has at some time lived within the United States, can petition for citizenship. 1. Jus Soli law of the soil, or where one is born. The 14th Amendment confers citizenship to any person born within the United States. V. Citizenship citizen – a member of a state who owes allegiance to it by birth or naturalization and is entitled to full civil rights.

15. B. by N ATURALIZATION Naturalization – the legal process by which a citizen of one country become a citizen of another. IV. Citizenship (con’t.)