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Safeguarding Civil Liberties in American Government: Challenges and Principles

Explore the foundation of American government built on limited federal powers and the Bill of Rights, addressing conflicts in civil liberties, policy entrepreneurs, and the evolving political culture. Understand competing rights, policy limits, and the Wall of Separation Principle. Delve into the complexities of the First Amendment, the Wall of Separation principle, and the constitutional tests for government actions. Unpack the intersection of crime and due process in upholding civil liberties.

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Safeguarding Civil Liberties in American Government: Challenges and Principles

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  1. Civil Liberties The foundation of the American Government

  2. The objectives of the framers: -Limited Federal Powers -Constitution: a list of “do’s” - Bill of Rights: a list of specific “do nots” that apply only to the federal government, not the state governments

  3. Civil liberties become a major issue for three reasons: • Rights in conflict • Enflaming of passions by policy entrepreneurs • The political culture of the United States

  4. Rights in conflict: -Sheppard Case- free press vs. fair trial -NY Times and Pentagon papers- common defense vs. free press -KKK rallies- free speech vs. public order Competing Rights- how do we know how to decide?

  5. Policy Entreprenuers: • Individuals or groups trying to limit the liberties of another group or minority • Sedition act- Federalists in fear of the of TJ and anarchy • The Espionage and Sedition Acts of 1917-1918- Attorney General Mitchell Palmer • Smith Act, Internal Security Act of 1950, and Communist Control act of 1954- Senator Joe McCarthy

  6. Political Culture: • -America founded by white European Protestants therefore “Americanism” was equated with their values • New immigration brought new cultures and conflicts about constitutionally protected freedoms • Ex. Jews and Muslims offended by Christmas holidays • Ex. English speakers prefer mono-lingual schools

  7. First Amendment: -Freedom of Expression -Freedom of Religion- establishment clause and free exercise clause -Prior restraint -Clear and present danger test -Libel and slander -Obscenity

  8. Testing Restrictions on Expression -preferred position -prior restraint -imminent danger -neutrality -clarity -least restrictive means

  9. Wall of Separation Principle: Tests for Constitutionality: Government involvement is legal if- -It has a secular purpose -its primary effect neither advances or inhibits religion -it does not foster an excessive government entanglement with religion

  10. Crime and Due Process • -4th through 8th Amendments deal with rights of the accused. • 14th Amendment applies due process to the states • Exclusionary rule • Miranda and good faith exception

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