Constitutional Law: Rights & Liberties

2. Constitutional Law: Rights & Liberties December 2010

3. POWER IN SOCIETY PRIVATEINDIVIDUAL LIBERTY PUBLICGOVERNMENTAL POWER POL 365 POL 366

4. POL 366 – Theme #1: Civil Liberties • These are constitutional protections for personal liberty or freedom; they are about living our lives unfettered by government. • Freedom of religion, speech, press & assembly [1st Amend.] • The right to keep and bear arms [2nd Amend.] • The right to privacy [1st, 4th, 5th, 9th & 14th amends.]

5. POL 366 – Theme #2: Suspect Rights • These are constitutional protections that come into play when we are suspected of criminal behavior. • Freedom from unreasonable search and seizure [4th Amend.] • The right to indictment by grand jury, protection from double jeopardy and self-incrimination, right to due process [5th Amend.] • The right to a speedy trial, a public trial, an impartial jury, witness confrontation, and assistance of counsel [6th Amend.] • The right to trial by jury [7th Amend.] • Freedom from excessive bail and cruel & unusual punishment [8th Amend.] • Other rights not enumerated [9th Amend.] • The right to privileges and immunities of citizens & due process [14th Amend.]

6. POL 366 – Theme #3: Civil Rights • These are constitutional protections emanating from equality rather than freedom. • The prohibition of slavery [13th Amend.] • The national definition of citizenship & equal protection of the laws [14th Amend.] • The right to vote (race) [15th Amend.] • The right to vote (sex) [19th Amend.] • The right to vote (poll tax) [24th Amend.] • The right to vote (age 18) [26th Amend.]