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Civil Liberties

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What does the Bill of Rights do? Protect rights that facilitate democratic processes. Protect against state involvement in private life – PowerPoint PPT presentation

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Title: Civil Liberties


1
Civil Liberties
2
  • As an American citizen, what is your most
    important right? Why?

3
In the Bill of Rights, find the following
  • The right to join the communist party
  • The right to make fun of the president
  • The right to be Catholic
  • The right to privacy
  • The right to remain silent
  • The right to burn an American flag
  • The right to advocate the violent overthrow of
    the government

4
First
  • Congress shall make no law respecting an
    establishment of religion, or prohibiting the
    free exercise thereof or abridging the freedom
    of speech, or of the press or the right of the
    people peaceably to assemble, and to petition the
    Government for a redress of grievances.

5
Second
  • 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.

6
Third
  • No Soldier shall, in time of peace be quartered
    in any house, without the consent of the Owner,
    nor in time of war, but in a manner to be
    prescribed by law.

7
Fourth
  • The right of the people to be secure in their
    persons, houses, papers, and effects, against
    unreasonable searches and seizures, shall not be
    violated, and no Warrants shall issue, but upon
    probable cause, supported by Oath or affirmation,
    and particularly describing the place to be
    searched, and the persons or things to be seized.

8
Fifth
  • No person shall be held to answer for a capital,
    or otherwise infamous crime, unless on a
    presentment or indictment of a Grand Jury, except
    in cases arising in the land or naval forces, or
    in the Militia, when in actual service in time of
    War or public danger nor shall any person be
    subject for the same offence to be twice put in
    jeopardy of life or limb nor shall be compelled
    in any criminal case to be a witness against
    himself, nor be deprived of life, liberty, or
    property, without due process of law nor shall
    private property be taken for public use, without
    just compensation.

9
Sixth
  • In all criminal prosecutions, the accused shall
    enjoy the right to a speedy and public trial, by
    an impartial jury of the State and district
    wherein the crime shall have been committed,
    which district shall have been previously
    ascertained by law, and to be informed of the
    nature and cause of the accusation to be
    confronted with the witnesses against him to
    have compulsory process for obtaining witnesses
    in his favor, and to have the Assistance of
    Counsel for his defence.

10
Seventh
  • In suits at common law, where the value in
    controversy shall exceed twenty dollars, the
    right of trial by jury shall be preserved, and no
    fact tried by a jury, shall be otherwise
    reexamined in any Court of the United States,
    than according to the rules of the common law.

11
Eighth
  • Excessive bail shall not be required, nor
    excessive fines imposed, nor cruel and unusual
    punishments inflicted.

12
Ninth
  • The enumeration in the Constitution, of certain
    rights, shall not be construed to deny or
    disparage others retained by the people.

13
Tenth
  • The powers not delegated to the United States by
    the Constitution, nor prohibited by it to the
    States, are reserved to the States respectively,
    or to the people

14
What does the Bill of Rights do?
  • Protect rights that facilitate democratic
    processes
  • Protect against state involvement in private life

15
Does the Bill of Rights prohibit actions taken by
the states?
16
14th Amendment
  • All persons born or naturalized in the United
    States and subject to the jurisdiction thereof,
    are citizens of the United States and of the
    State wherein they reside. No State shall make or
    enforce any law which shall abridge the
    privileges or immunities of citizens of the
    United States nor shall any State deprive any
    person of life, liberty, or property, without due
    process of law nor deny to any person within its
    jurisdiction the equal protection of the laws.

17
Selective Incorporation
  • The Supreme Court selectively applies the
    provisions of the Bill of Rights to state laws
    and practices, one right at a time.
  • Palko v. Connecticut

18
Why are rights of accused criminals so prominent
in the Bill of Rights?
19
Rights of the criminally accused
  • Search and Seizure (4th)
  • Exclusionary rule (Mapp v. Ohio)
  • Limits?

20
Rights of the criminally accused
  • Search and Seizure (4th)
  • Jury Trial (7th)
  • Double jeopardy (5th)
  • Self incrimination (5th)
  • Miranda v. Arizona (1966)

21
Rights of the criminally accused
  • Search and Seizure (4th)
  • Jury Trial (5th)
  • Double jeopardy (5th)
  • Self incrimination (5th)
  • Counsel (6th)
  • Gideon v. Wainwright (1963)

22
Rights of the criminally accused
  • Search and Seizure (4th)
  • Jury Trial (5th)
  • Double jeopardy (5th)
  • Self incrimination (5th)
  • Just compensation (5th)
  • Counsel (6th)
  • Cruel and unusual punishment

23
What other rights are essential to a functioning
democracy?
24
Free expression
  • Congress shall make no law abridging the
    freedom of speech, or of the press or the right
    of the people peaceably to assemble, and to
    petition the Government for a redress of
    grievances.

25
Rights to free expression
  • Freedom of Speech
  • Strict Scrutiny Burden of proof is placed on the
    government to show that the law is constitutional
    rather than on the challengers to show that the
    law is not constitutional.

26
Protected Speech
  • The truth.
  • Except clear and present danger
  • Except fighting words
  • Except obscenity
  • Falsehoods
  • Unless reckless disregard for the truth
  • Libel (print)
  • Slander (oral)
  • Speech Plus Conduct

27
Does free speech give the right to offensive
speech? What do you think about speech codes?
Hate speech?
28
Freedom of the Press
  • Doctrine of no prior restraint.
  • Near v. Minnesota

29
Freedom of religion
  • Congress shall make no law respecting an
    establishment of religion or prohibiting the free
    exercise thereof
  • Two clauses
  • Establishment clause
  • Free exercise clause

30
Establishment clause issues
  • Does teaching intelligent design in public school
    science classes constitute laws respecting an
    establishment of religion? Does allowing a
    moment of silence at the beginning of a class
    period? Does reciting the phrase under God in
    the Pledge of Allegiance?

31
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.

32
Privacy
  • Read Griswold v. Connecticut (1965).
  • How would you decide this case?
  • What is a penumbra?
  • Where in the Constitution does the court find the
    right to privacy?

33
Right to privacy
  • Found in penumbra created by
  • Right to associate (1st)
  • No Soldier shall, in time of peace be quartered
    in any house, without the consent of the Owner,
    nor in time of war, but in a manner to be
    prescribed by law. (3rd)
  • The right of the people to be secure in their
    persons, houses, papers, and effects, against
    unreasonable searches and seizures, shall not be
    violated (4th)
  • Right against self incrimination (5th)
  • The enumeration in the Constitution, of certain
    rights, shall not be construed to deny or
    disparage others retained by the people. (9th)
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