federal government 2305 l.
Download
Skip this Video
Loading SlideShow in 5 Seconds..
Federal Government 2305 PowerPoint Presentation
Download Presentation
Federal Government 2305

Loading in 2 Seconds...

play fullscreen
1 / 101

Federal Government 2305 - PowerPoint PPT Presentation


  • 495 Views
  • Uploaded on

Federal Government 2305. Unit 11 Civil Liberties. Civil Liberties. Civil Liberties = The rights and freedoms protecting the people from government. Civil Liberties: Religious Displays. Civil Liberties: School Prayer. Civil Liberties: Pledge of Allegiance.

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about 'Federal Government 2305' - arleen


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
federal government 2305

Federal Government 2305

Unit 11

Civil Liberties

civil liberties
Civil Liberties
  • Civil Liberties =
  • The rights and freedoms protecting the people from government
power and individual liberty
Authority and Liberty

How much liberty must individuals surrender in order to secure a peaceful society?

Power and Individual Liberty
three positions on civil liberties
THREE POSITIONS ON CIVIL LIBERTIES
  • Individual Rights Government Powers to
  • (speech, press, -protect national security
  • religion, assembly, -protect public morality
  • privacy) -maintain law & order
  • A T
  • NPreferred O
  • A Position T
  • R_________________________________________________A
  • CL
  • H Absolutist Balanced I
  • Y Position Position T
  • A
  • R
  • I
  • A
  • N
  • I
  • S
  • M
3 positions on civil liberties
3 Positions on Civil Liberties
  • Absolutist Position:
    • Few or no limits on Bill of Rights freedoms and rights—they are absolute
  • Preferred Position:
    • Bill of Rights freedoms take precedence and top priority over other interests—although they are not absolute
  • Balancing Position
    • Equally balance competing interests of protecting individual rights and governmental powers to regulate
important civil liberties quote
Important Civil Liberties Quote
  • “THE RIGHT TO SWING MY FIST ENDS WHERE THE OTHER MAN=S NOSE  BEGINS.”
    • SUPREME COURT JUSTICE OLIVER WENDELL HOLMES
    • What is his point??
importance of aclu
Importance of ACLU
  • ACLU—established in 1920 (during the Red Scare) to fight for the constitutional rights of people who were denied them due to the “unpopularity” of their ideas, goals, objectives, etc.
  • Frequently represent “unpopular” or “extremist” groups—WHY??
2 nd important civil liberties quote
2nd Important Civil Liberties Quote
  • “First they came for the Jews, and I did not speak out because I was not Jewish.
  • Then they came for the Catholics, and I did not speak out because I was not Catholic.
  • Then they came for the gays and I did not speak out because I was not gay.
  • Then they came for me and there was no one left to speak out for anybody.”
  • Important point of this viewpoint??
americans soft support for civil liberties march 1970 poll 1
Americans’ “Soft” Support for Civil Liberties (March 1970 Poll)1
  •  1.As long as there appears to be no clear danger of violence, do you think any group, no matter how extreme, should be allowed to organize protests against the government? Yes_____ NO 76%
  • 2.   If a man is found innocent of a serious crime but new evidence is uncovered later, do you think he should be tried again for the same crime? Yes 58% No_____
  • 3.   If a person is suspected of a serious crime, do you think the police should hold him in jail until they get enough evidence to officially charge him? Yes58% No_____
americans soft support for civil liberties march 1970 poll 2
Americans’ “Soft” Support for Civil Liberties (March 1970 Poll)2
  • 4.    Except in time of war, do you think newspapers, radio, and TV should have the right to report any story, even if the government feels it’s harmful to our national interest? Yes____
  • No55%
  • 5.    Do you think everyone should have the right to criticize the government even if the criticism is damaging to our national interests? Yes____
  • No 54%
early interpretation of the bill of rights
Early Interpretation of the Bill of Rights

Barron v. Baltimore(1833)

  • In early 1830s, John Barron files suit against City of Baltimore
    • Alleged that city ruined his wharf business
    • Claimed protection under 5th Amendment
  • Supreme Court decides against him
    • Bill of Rights doesn’t apply to states--only the federal government
nationalizing the bill of rights 1
Nationalizing the Bill of Rights1

Incorporation

The process through which the Supreme Court examines individual provisions of the Bill of Rights and applies them against state and local officials

nationalizing the bill of rights 3
Nationalizing the Bill of Rights3

Judges must determine what protections, if any, are provided by the phrases:

  • Privileges or immunities of citizens
  • Equal protection of thelaws
  • Due process of law
nationalizing the bill of rights 4
Lawyers ask Supreme Court to interpret the Due Process Clause in such a way as to protect individual rights against state and local governments

Supreme Court refuses to incorporate a personal right until 1925 decision in Gitlow v. New York (1925)

Nationalizing the Bill of Rights4
gitlow v new york 1927
New York prosecuted Gitlow, a Socialist, for advocating the overthrow of the U.S. Government

Supreme Court ruled that individuals enjoy the protections of free speech against actions by state governments

Gitlow v. New York (1927)
the incorporation process and the nationalization of constitutional rights
Incorporation

The process through which the Supreme Court examines individual provisions of the Bill of Rights and applies them against state and local officials

Provisions of the Bill of Rights that have never been incorporated:

Second Amendment provision linking “a well-regulated Militia” and the right to bear arms

3rd Amendment provision against housing troops in private homes

The Incorporation Processand the Nationalization of Constitutional Rights
the incorporation process and the nationalization of constitutional rights 2
The Incorporation Processand the Nationalization of Constitutional Rights2
  • Provisions of the Bill of Rights that have never been incorporated (cont.):
    • 5th Amendment right to a grand jury
    • 7th Amendment requirement of jury trials in cases over $20
    • 8th Amendment prohibition of excessive bail
amendment 1
Amendment 1
  • Congress shall make no law respecting the establishment of religion, or the free exercise thereof, or abridging the freedom of speech, or of the press, or the right of the people to peaceably assemble, and to petition government for a redress of grievances.
freedom of religion
Establishment Clause

“Congress shall make no law respecting an establishment of religion….”

Exercise Clause

“…or prohibiting the free exercise thereof.”

Freedom of Religion
establishment clause
Establishment Clause
  • Framer’s Intent:
    • · No national church
    • · No official religion
    • · No government financial support
  • Supreme Court Interpretation:
    • · No government favoritism
    • · Government neutrality
    • · No government financial support
    • · “Separation of church and state”
    • · Lemon Test
freedom of religion what constitutes establishment
Prayer in school

Engel v. Vitale(1962)

School District of Abington Township, Pennsylvania v. Schempp(1963)

Freedom of Religion: What Constitutes “Establishment”?
freedom of religion what constitutes establishment43
Freedom of Religion: What Constitutes “Establishment”?

How does the Supreme Court decide cases that involve religion?

Lemon test standard developed in the 1971 case Lemon v. Kurtzman.

The court must ask three questions:

three part lemon test
Three-Part Lemon Test
  • TO BE VALID, A LAW OR PROGRAM MUST:
    • 1.REFLECT A SECULAR LEGISLATIVE PURPOSE
    • 2.NEITHER ADVANCE OR INHIBIT RELIGION
    • 3.AVOID EXCESSIVE ENTANGLEMENT WITH RELIGION
      • No SPONSORSHIP
      • No FINANCIAL SUPPORT
      • No ACTIVE INVOLVEMENT IN RELIGIOUS ACTIVITIES
establishment clause cases
Allowed

Voluntary prayer/public schools

“Moment of silence laws”/p.s

Voluntary Bible reading/p.s

Bible reading—secular course/p. schools

Tax exemption for churches

Tax $ for Christmas decorations—if done correctly

Prayers in Congress, state legislature, city council, etc.

Military chaplains

Sunday closing laws

Tax $ for texts, testing, busing students to parochial schools

State scholarships for religion majors

Not Allowed

Organized prayer in public schools

Organized Bible reading in public schools

Required posting of 10 Commandments in public schools

Banning of evolution

Required teaching of creationism

“Equal time” laws

Tax $ used for nativity scenes- depends on how done

Establishment Clause Cases
free exercise clause
Free Exercise Clause
  • Framer’s Intent:
  • ·Freedom to believe
  • ·Freedom to worship
  • Supreme Court Interpretation:
  • ·Freedom of believe is absolute
  • ·Freedom to worship is not absolute-

it can be limited

free exercise clause cases
Protected

Not Protected

Free Exercise Clause Cases
  • Jehovah Witnesses—No blood transfusions-child
  • Mormons--polygamy
  • Christian Scientists—exemption from vaccinations
  • White Hippies-joining Navajo faith to use peyote
  • Muslims—Headscarf & drivers license pictures
  • Christian Cults-Snake Handling
  • Amish—No school after 8th grade
  • Jehovah Witnesses—No saluting the flag
  • Jehovah Witnesses—No blood transfusions-adults
  • Navajos---use of hallucinogenic drug peyote
  • Rastafarians—use of marijuana
  • Santeria Church—sacrificing chickens
  • Quakers—exemption from draft
  • Atheists—exemption from draft
  • Muslims—head scarf & school dress codes
first amendment rights freedom of speech
First Amendment Rights: Freedom of Speech
  • Not all types of speech are protected by the 1st amendment
    • Laws must balance individual liberties versus societal interests
  • During World War I, federal government prosecuted people for being critical of the government.
    • Supreme Court upheld convictions
freedom of speech the smith act
Freedom of SpeechThe Smith Act

It shall be unlawful for any person to

knowingly or willfully advocate, abet, advise, or teach the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or by the assassination of any officer of any such

government.

freedom of speech
Freedom of Speech

Justice Oliver Wendell Holmes’s “Clear and Present Danger” Test for Political Speech:

  • Would permit prosecution only for speeches and publications that actually posed a tangible, immediate threat to American society
clear present danger rule for political speech
Clear & Present Danger Rulefor Political Speech
  • Government can punish or outlaw speech only if it causes substantive evils so immediate and imminent that no opportunityfor discussion exists.
  • Government must prove speech presents and immediate danger
courts free speech cases
Courts & Free Speech Cases
  • JUDGES CONSIDERS:
    • WHAT WAS SAID
    • HOW IT WAS SAID
    • INTENT OF THE SPEAKER
    • WHERE WAS IT SAID
  • JUDGE CONSIDERS CIRCUMSTANCES:
    • HOW IS GOVERNMENT ATTEMPTING TO REGULATE SPEECH
    • WHY IS GOVERNMENT ATTEMPTING TO REGULATE SPEECH
pure speech
Pure Speech
  • “Over-the-backyard-fence” speech
  • Speech between family, friends, and neighbors
  • Speech is non-political
  • Courts:government has no business regulating pure speech
commercial speech
Commercial Speech

·Must be truthful to be protected

  • ·Captive Audience Rule
      • Government can restrict or regulate if aimed at a captive audience (people who cannot easily escape it)
      • Examples:·bus riders·students in classroom
symbolic speech
Symbolic Speech

When people take an action designed to communicate an idea

  • Examples:
    • Wearing a black armband to school
    • Wearing the peace sign or peace sign jewelry
    • Burning your draft card
    • Burning the American flag
    • Wearing a shirt or clothing with a political message
    • Cross burning
    • Giving the finger
symbolic speech guidelines
Symbolic Speech Guidelines
  • 1. Must not disrupt a government program
  • 2. Must not interfere with the operation(s) of the facility where it takes place

·      -Black armband worn to school

·      -Burning your draft card

·     - Wearing the peace sign

·      -Flying the US flag upside down

·      -Burning the American flag

·      -Wearing a t-shirt with an obscene word (“_uck the Draft”) into the California state assembly

·      -Giving a policeman the finger

freedom of press
Freedom of Press
  • I. All Written Material
  • ·Newspapers
  • ·Magazines/journals
  • ·Brochures/pamphlets
  • ·Fliers
  • ·Books
  • ·Fiction and Nonfiction
  • ·Poetry
  • II. The Electronic Media
  • ·Radio
  • ·Television
  • ·Movies/videos/dvds
  • ·Music: records/tapes, cds
  • ·Internet
freedom of the press
Freedom of the Press

1931 Supreme Court case Near v. Minnesota

The Supreme Court argues against the use of no prior restraint of publications that criticize the government

Prior restraint: a governmental attempt to prevent certain information or viewpoints from being published

freedom of press no prior restraint rule
Freedom of Press & “No Prior Restraint Rule”
  • “No Prior Restraint Rule”
    • No advance government censorship unless:
      • Causes “irreparable harm” to national security
      • Violates a defendant’s right to a fair trial
      • Harms “vital national interests”
freedom of the press64
Freedom of the Press

1971 Supreme Court Case, New York Times Company v. U.S. (Pentagon Papers case)

  • During the Vietnam war, Daniel Ellsberg, a Defense Department analyst, leaked top-secret papers about the war to the newspapers
  • The government tried to stop their publication on the grounds that their publication would hurt national security
  • Supreme Court ruled that the papers could be published because the government did not prove “irreparable harm”
freedom of the press no prior restraint irreparable harm
Freedom of the Press, No Prior Restraint, & Irreparable Harm
  • A doctoral student wrote his dissertation on how to build your own atomic bomb
  • After graduation he sold it to a journal for publication
  • The Ford administration went to court to stop publication
  • The Ford administration lost because all information used was already available on library shelves available to the public
the electronic media
The Electronic Media
  • 1.TVregulated by FCCa voluntary industry ratings system
  • 2.Radioregulated by FCC
  • 3. MoviesCan be seized for obscenity reasonsA quick judicial hearing (trial) must be provided

An industry rating system

  • 4. MusicA rating system by the industry—parental advisory stickers
  • 5.InternetTwo federal laws (to protect children from porn) were declared unconstitutionalParental responsibility-blocking software
freedom of the press movies
Film censorship

Gradually films have been protected

Still can be censored by the government – for obscenity reasons

Freedom of the Press:Movies
freedom of the press special rights
Freedom of the Press:Special Rights?
  • Media claims for special rights
    • Reporter’s privilege to keep confidential sources secret
    • Press Shield Laws
freedom of press what is not protected
Freedom of Press:What is Not Protected
  • · Libel
  • · Reporter’s confidential sources (unless a shield law)
  • · Obscene Material (Pornography)
obscenity and the law changing definitions
Obscenity and the LawChanging Definitions

Roth v. United States(1957)

If the dominant theme appeals to the “prurient interest”& is “utterly without redeeming social importance.”

Fanny Hill case (1966)

If the dominant theme appeals to the prurient interest” & is “utterly without redeeming social value.”

current obscenity standard the miller test
Current Obscenity Standard: The “Miller Test”
  • Miller v. California (1973) guidelines:
    • Whether the average person, “applying contemporary community standards,” would find that the work, taken as a whole, “appeals to prurient interests.”
    • Whether the work depicts “in a patently offensive way” sexual conduct defined & forbidden by state law.
    • Whether the work as a whole “lacks serious literary, artistic, political, or scientific value.”
freedom of assembly
Must be peaceful

Need consent of property owner

When can restrictions

be put on freedom of assembly?

Three permissible restrictions on assemblies:

Time

Place

Management

Freedom of Assembly
right to petition government for a redress of grievances
Right To Petition Government for a “Redress of Grievances”
  • This protects the right of any person (especially lobbyists and interest groups) to communicate with government, contact government, attempt to influence or visit government officials, or lobby government and government officials.
  • Must be peaceful
five types of expression not protected by the 1 st amendment
Five Types of Expression Not Protected by the 1st Amendment
  • Libel/slander
  • Obscenity/pornography
  • Fraudulent advertising
  • “Fighting words”
        • “Well defined & narrowly limited classes of speech which by their very nature inflict injury or tend to incite an immediate breach of peace.
  • Sedition & Subversion
        • “Speech & press encouraging the use of force in violation of the laws, producing imminent lawless action.”
right to privacy
Right to Privacy

The word “privacy” does not appear in the Constitution

However, in 1965 (Griswold v. Conn.), the Supreme Court determined that the right to privacy existed as an “unstated element” in several rights in the Bill of Rights

Amendment IX

“The enumeration in the constitution , of certain rights, shall not be construed to deny or disparage others retained by the people.”

areas protected by the right to privacy
Areas Protected by the Right To Privacy
  • An adult’s right to have access to birth control (Griswold v. Conn.-1965)
  • No wiretapping of phone without prior court order (Katz v. U.S. – 1967)
  • Right to possess pornography in your home--not child pornography (Stanley v. Georgia – 1969)
  • Woman’s right to an abortion (Roe v. Wade -1973)
  • An adult’s right to engage in consensual sexual activities in the privacy of the home (Texasv.Lawrence-2003)
privacy abortion and the constitution
Privacy, Abortion and the Constitution

Roe v. Wade (1973)

  • A woman in Texas claimed she was raped and not legally allowed by state law to have an abortion
  • Brought the case to the Supreme Court
  • The Court ruled 7 to 2 that the Texas law violated her constitutional right to personal privacy
roe v wade trimester framework
Roe v. Wade Trimester Framework
  • _________________________
  • 0 Months 3 4 Months 6 7 Months 9
  • 1st Trimester 2nd Trimester 3rd Trimester
  • No restrictions Safety & Health States can still ban

Regulations any/all abortions

  • = Viability
chipping away at roe v wade
Chipping Away at Roe v. Wade
  • Webster decision (1989): States may place “reasonable restrictions” on abortion.
  • Significance: Allows state to place more restrictions on abortion & conservative judges uphold more “reasonable restrictions”
  • Problem: What are “reasonable restrictions”?
  • Minors: Parental notification or permission laws are permissible IF the law has a “judicial bypass” provision
privacy sexual conduct
Privacy & Sexual Conduct
  • Lawrence v. Texas (2003)
    • Case was concerned with Texas statute that criminalized sexual contact between two people of the same gender
    • ReversedBowers v. Hardwick (1986)
  • Gay Marriage
    • Supreme court has not ruled on any cases
    • “Full Faith and Credit” constitutional provision makes it so that marriage in one state is obligated to be recognized by another
    • 1996 Defense of Marriage Act—allows states to decide whether to recognize same sex marriages legalized in other states
the right to die
The Right to Die
  • Cruzan Case (1990)
  • ·Established a constitutional right to die
  • ·Based on the 14th Amendment’s “liberty” in the due process clause:
    • “…(no) state shall deprive a person life, liberty, or property without due process of law”
  • ·For patient to choose to refuse or discontinue medical treatment, patient must be:
  • §Competent
  • §Adult
  • ·States may establish procedures to regulate this
      • Importance of living wills, directive to physician, durable power of attorney
rights of criminal defendants
Amendments 4-8

&

The Guarantee of the Writ of Habeas Corpus (Article I, Section 9)

Rights of Criminal Defendants
amendment iv
Amendment IV
  • “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 & particularly describing the place to be searched, and the persons or things to be seized.”
  • The exclusionary rule(Weeksv.US – 1914)
  • Applied to state courts in 1967 (Mapp v. Ohio)
amendment v
Amendment V

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

amendment vi
Amendment VI
  • 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…and to be informed ofthe nature and cause of the accusation; to be confronted with the witnesses against him, and to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
amendment vii
Amendment VII
  • In suits of common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.
amendment viii
Amendment VIII
  • Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
no cruel unusual punishment
No Cruel & Unusual Punishment
  • No barbarous, lingering, tortuous punishment
  • No disproportionate sentences
  • No inhumane prison/jail conditions
  • For the death penalty to be constitutional, Supreme Court guidelines must be followed
capital punishment 1
Can it be considered

“cruel and unusual” punishment?

Capital Punishment1
supreme court guidelines for capital punishment
Supreme Court Guidelines forCapital Punishment
  • Death penalty legal only if a life taken
  • No automatic death penalty
  • Two part process to be followed: guilt & punishment phases
  • Aggravating & mitigating factorsmust be presented at punishment phase
    • Aggravating leads to death penalty
    • Mitigating leads to incarceration
  • Character & recordof defendant considered
  • No execution of juveniles (under 18)
  • No execution of mentally retarded (IQ-59)
summary rights of suspects
Summary: Rights of Suspects
  • 1. No unreasonable search x seizures (4)
        • Exclusionary rule (4)
  • 2. No wire tapping or electronic eavesdropping without prior court order (4)
  • 3. No self-incrimination or coerced confessions (5)
        • Right to remain silent (5)
  • 4. No coercion or torture during interrogation (No 2nd degree) (5)
  • 5. Required reading of Miranda rights (5 & 6)
  • 6. Arrest on warrant or sufficient cause (4)
summary rights of the accused
Summary: Rights of the Accused
  • 1.Indictment by grand jury (5)
  • 2.No excessive bail (8)
  • 3.Trial by jury (6)
      • (a) public trial
      • (b) speedy trial
      • (c) impartial jury
  • 4.Right to counsel (6)
  • 5.Double jeopardy (5)
  • 6.Unanimous verdict- (Fed. Criminal trials)
  • 7.  Right to confront witness
summary rights of the guilty convicted
Summary: Rights of the Guilty/Convicted

1. No excessive fines (8)

2. Right to appeal

    3. No cruel & unusual punishment (8)

4.  Right to writ of habeas corpus(Article I. Section 9)

amendment ii the right to bear arms
Amendment II: The Right to Bear Arms

A well-regulated Militia, being necessary for the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

  • The Supreme Court has never treated the final part of the amendment as a separate clause that provides individual citizens with a right to own guns. They have ruled it protects a collective right to own weapons as they relate to the defense of the nation.
  • The Second Amendment has never been incorporated.
amendment iii
Amendment III
  • 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.
  • Brought about by the British forcing the American colonists to house British soldiers in colonial homes without the consent of the owner.
amendment x
Amendment X
  • 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.
  • Defines state powers (reserved powers) as those not given to the federal government and not denied to the states.
  • = a very broad, vague definition of state (reserved) powers