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Civil Liberties

Civil Liberties. “Your rights as Americans”. Founding Documents.

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Civil Liberties

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  1. Civil Liberties “Your rights as Americans”

  2. Founding Documents • Declaration of Independence - “We hold these truths to be self-evident; that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness.” • Constitution – framers believed in natural rights

  3. Writ of Habeas Corpus • Art. 1, Sec. 9 • “Produce the body” • Requires government officials to present a prisoner in court and to explain to the judge why the person is being held

  4. Ex Post Facto Laws • “after the fact” • Being charged for committing a crime, that wasn’t a crime when the person committed the action

  5. Bills of Attainder • Legislative act that punishes an individual without judicial trial • Court should decide guilt, not Congress

  6. Bill of Rights • Free speech, press, assembly, petition, religion • Right to bear arms • Prohibits quartering soldiers • Restricts illegal search and seizures • Provides grand juries, restricts eminent domain (gov can’t take private property unless compensation), prohibits forced self-incrimination, double jeopardy (can’t be charged for the same crime twice)

  7. Bill of Rights 6. Outlines criminal court procedure 7. Trial by jury 8. Prevent excessive bail and cruel and unusual punishment 9. Amendments 1-8 do not necessarily include all possible rights of the people 10. Reserves for the states any powers not delegated to Fed. Gov by Constitution

  8. 14th Amendment • “privileges and immunities” – Constitution protects all citizens • Due process – prohibits abuse of life, liberty, or property of any citizen, state rights were subordinate to Fed rights • Equal protection clause – Constitution applies to all citizens equally

  9. Judicial Review • Marbury v. Madison • The power of the Supreme Court to judge the constitutionality of a law

  10. Legislative Action • Sometimes laws can guarantee rights • Ex. Civil Rights Act of 1964

  11. Religion • “Establishment” clause – prohibits the gov’t from establishing an official church • “Free exercise” clause – allows people to worship as they please

  12. Free Speech • DOES NOT mean that you can “say anything you want”… but pretty close Restrictions • Threat to national security • Libel – false written statement attacking someone’s character, with intent to harm • Obscenity – not protected, hard to define – Ex. Pornographic material • Symbolic speech – action to convey a message

  13. Right to Privacy • Not in the Constitution • Griswold v. Connecticut (1965) • Roe v. Wade (1971) • Yahoo and Google – search and e-mails?

  14. Due Process • 5th and 14th Amendment • Forbids national AND state gov to “deny any person life, liberty, or property without due process of law.” • Procedural – fair trial • Substantive – fundamental fairness

  15. Search and Seizure • 4th Amendment • Freedom from “unreasonable search and seizure” • Prevent police abuse • Ex. Mapp v. Ohio

  16. Self-incrimination • 5th Amendment • No one “shall be compelled to be a witness against himself.” • Miranda v. Arizona 1966

  17. Right v. Right • Most cases are not simple • They often pit two rights against each other • Ex. – freedom of press v. national security

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