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    Chapter6 Chapter6 Presentation Transcript

    • Chapter Six Civil Liberties American Government and Politics: Deliberation, Democracy, and Citizenship
    • Chapter Six: Learning Objectives
      • Describe the kinds of rights secured in the Constitution of 1787, the Bill of Rights, the Civil War amendments, and subsequent amendments
      • Describe the process and rationale by which the federal Bill of Rights became applicable to state and local governments
    • Chapter Six: Learning Objectives
      • Distinguish between protected and unprotected speech under the First Amendment, and indicate how the Supreme Court has ruled on government restrictions of political speech
    • Chapter Six: Learning Objectives
      • Describe ways in which American government recognizes God or religion, and give examples of how the Court has limited such acts
      • Explain how the Court has reacted to government regulation of morality and sexual behavior
    • Chapter Six: Learning Objectives
      • Summarize the key constitutional rights of criminal defendants in the United States
      • Describe in some detail how the government has restricted civil liberties in wartime, and explain how the Court has addressed such restrictions
    • Chapter Six: Learning Objectives
      • Explain how the history of civil liberties in the United States demonstrates that constitutional rights are not absolute
      Justin Sullivan/Getty Images
    • Civil Rights versus Civil Liberties
      • What are the differences between civil rights and civil liberties?
      INSADCO Photography/Alamy
    • Americans’ Constitutional Rights
      • What are some of the rights guaranteed to citizens by the Constitution?
      • “ Rights Protected by the Constitution” on pages 163-164 provides a detailed list of the rights of citizens.
    • International Perspectives
      • Other declarations of rights include
      • Magna Carta
      • English Bill of Rights
      • Declaration of the Rights of Man and of the Citizen (France)
      • Universal Declaration of Human Rights
      • (United Nations)
    • The Nationalization of the Bill of Rights
      • Does the Bill of Rights limit the states?
      • Barron v. Baltimore (1833)
      • 14 th Amendment and the incorporation doctrine
      • Palko v. Connecticut (1937)
      • Selective incorporation
    • Religious Freedom
      • What is meant by the idea that the First Amendment created a “wall of separation” between church and state?
      • Are there any circumstances where government may regulate behavior that individuals claim is justified by their religious beliefs?
    • Religious Freedom: Two Stipulations
      • Two stipulations to First Amendment religious freedom:
      • Establishment clause
      • Free exercise clause
    • Religious Freedom: Two Stipulations
      • The establishment clause in the First Amendment states that Congress may not establish a national religion.
      • The free exercise clause in the First Amendment states that Congress may not prohibit Americans from practicing their religion.
    • Religious Freedom: Establishment Clause
      • Jefferson stated that there was a “wall of separation between church and state.”
      • Do you believe that there have been some inconsistencies with that interpretation of the establishment clause in the First Amendment and actions of the government?
    • Religious Freedom: Establishment Clause Source: (Left) Copyright © 2009 by American Atheists. Reprinted with permission. (Right) “’Freedom Rally’ to Dispel Separation Myth” by Allie Martin, April 17, 2006, archive/4/172006c.asp. Copyright © 2008 Agape Press—ALL RIGHTS RESERVED. Reprinted with permission.
    • Religious Freedom: Establishment Clause
      • How high is the “wall of separation”?
      • Engel v. Vitale (1962)
      • Abington School District v. Schempp (1963)
      • Lemon v. Kurtzman (1971)
      • Lee v. Weisman (1992)
      • Santa Fe Independent School District v. Doe (2000)
    • Religious Freedom: Establishment Clause
      • Is the wall of separation impermeable?
      • Not necessarily as some religious organizations have been granted the same privileges as non-religious organizations at public schools and universities.
      • As Stephen Carter stated, the establishment clause “is designed to limit what the state can do, not what the church can do.”
    • Religious Freedom: Free Exercise
      • What happens when the free exercise of religion violates other laws?
      • Reynolds v. U.S. (1879)
      • Employment Division v. Smith (1990)
    • Freedom of Speech and Press
      • Do you believe that there are ever any circumstances under which the government should have the power to regulate speech?
      Popperfoto/Getty Images
    • Freedom of Speech and Press: Protected and Unprotected Speech
      • There was disagreement amongst the founders in their interpretation of the First Amendment and what would be considered protected speech.
      • Some believed that government could not exercise prior restraint and prevent publication of speech, rather punishment could only occur after publication.
    • Freedom of Speech and Press: Protected and Unprotected Speech
      • What is considered unprotected speech?
      • Speech that is libelous, obscene, and has a potential to incite violence is not protected
      • Schenck v. United States (1919)
      • Chaplinsky v. New Hampshire (1942)
    • Freedom of Speech and Press: Protected and Unprotected Speech
      • Regulating political speech in peacetime
      • Gitlow v. New York (1925)
      • Near v. Minnesota (1931)
      • Dennis v. United States (1951)
      • Yates v. United States (1957)
      • Brandenburg v. Ohio (1969)
    • Freedom of Speech and Press: Symbolic Speech and Expressive Conduct
      • Sometimes people express themselves non-verbally. Do you believe those actions of symbolic speech should be protected by the First Amendment?
    • Freedom of Speech and Press: Symbolic Speech and Expressive Conduct
      • Symbolic speech and the Supreme Court
      • United States v. O’Brien (1968)
      • Tinker v. Des Moines School District (1969)
      • Texas v. Johnson (1989)
      • Virginia v. Black (2003)
    • Freedom of Speech and Press: Libel and Slander
      • What is the difference between libel and slander?
      • How has the Supreme Court’s decision in New York Times v. Sullivan (1964) affected how libel and slander laws are applied to public officials?
    • Morality and Sexual Behavior
      • Should the government have a role in regulating morality or sexuality? Why or why not?
      • How has the government regulated moral or sexual behavior throughout history?
    • Morality and Sexual Behavior: Abortion and Privacy Rights
      • Supreme Court decisions have dealt with abortion and privacy rights
      • Griswold v. Connecticut (1965)
      • Roe v. Wade (1973)
      • Webster v. Reproductive Health Services (1989)
      • Planned Parenthood v. Casey (1992)
      • Gonzales v. Carhart (2007)
    • Morality and Sexual Behavior: Homosexuality
      • How has the Supreme Court regulated homosexuality?
      • Bowers v. Hardwick (1986)
      • Romer v. Evans (1996)
      • Lawrence v. Texas (2003)
    • Morality and Sexual Behavior: Pornography, Obscenity and Censorship
      • Obscene materials are not protected by the First Amendment, but prior to the 1950s much of the regulation was left up to local governments.
      • Why do you believe the federal government left most of the regulation of obscenity to local governments?
    • Morality and Sexual Behavior: Pornography, Obscenity and Censorship
      • Supreme Court decisions on obscenity
      • Roth v. United States (1957)
      • Miller v. California (1973)
      • New York v. Ferber (1982)
    • Rights of Criminal Defendants
      • How has the Constitution protected the rights of those accused or convicted of crimes?
      • How has the Supreme Court interpreted the constitutional protections of those accused or convicted of crimes?
    • Rights of Criminal Defendants
      • Constitutional protections of those accused or convicted of crimes
      • Habeas corpus
      • No bills of attainder
      • No ex post facto laws
      • Trial by jury in criminal cases
      • Convictions for treason
    • Rights of Criminal Defendants
      • Constitutional protections of those accused or convicted of crimes
      • Fourth Amendment
      • Fifth Amendment
      • Sixth Amendment
      • Eighth Amendment
    • Rights of Criminal Defendants
      • Two reasons why attention was paid to the rights of criminal defendants:
      • Belief in due process of law
      • Identifying rights of criminals would be necessary to prevent tyranny or unjust acts
    • Rights of Criminal Defendants: Search and Seizure
      • The Fourth Amendment protects against unreasonable search and seizure and requires warrants to be based on probable cause.
      • The Supreme Court’s decision in Mapp v. Ohio (1961) created the exclusionary rule .
    • Rights of Criminal Defendants: Self-Incrimination and Miranda Warnings
      • The Fifth Amendment protects individuals from self-incrimination.
      • The Supreme Court’s decision in Miranda v. Arizona (1966) created the Miranda warnings.
    • Rights of Criminal Defendants: Right to Counsel
      • The Sixth Amendment states that accused criminals have a right to counsel.
      • In Gideon v. Wainwright (1963), the Supreme Court ruled that in all felony cases criminals that cannot afford an attorney will be granted legal counsel by the state.
    • Rights of Criminal Defendants: Cruel and Unusual Punishment
      • The Eight Amendment states that “cruel and unusual punishment” may not be inflicted upon criminals.
      • The Supreme Court has made numerous decisions related to this issue (see page 189).
    • Civil Liberties in Wartime
      • How has the government restricted civil liberties during times of war?
      • What was the Supreme Court’s response to such limitations?
    • Civil Liberties in Wartime: Alien and Sedition Acts
      • Sedition Act of 1798
      • Illegal to be critical of government in ways that would undermine support and respect
      • Virginia Resolutions and Kentucky Resolutions criticized this legislation
    • Civil Liberties in Wartime: Martial Law and General Andrew Jackson
      • Martial law was declared at the end of the War of 1812.
      • General Andrew Jackson’s decision was challenged by a writer and a judge who later fined Jackson after martial law was revoked.
    • Civil Liberties in Wartime: The Civil War
      • Controversies over civil liberties
      • Does Congress or the president have the power to suspend habeas corpus?
      • Ex parte Merryman
      • Ex parte Vallandigham
      • Ex parte Milligan
    • Civil Liberties in Wartime: World War I
      • How were civil liberties restricted?
      • Espionage Act of 1917 and Sedition Act of 1918
      • Schenck v. United States (1919)
      • Debs v. United States (1919)
      • Abrams v. United States (1919)
    • Civil Liberties in Wartime: World War II
      • Japanese internment was a major civil liberties controversy during this era.
      • The Supreme Court intervened
      • Ex parte Quirin (1942)
      • Hirabayashi v. United States (1943)
      • Korematsu v. United States (1944)
    • Civil Liberties in Wartime: The Vietnam War and Freedom of Press
      • The freedom of the press to report war information was of great controversy.
      • In New York Times v. United States (1971), the Supreme Court declared that the government has a “heavy burden” to justify prior restraint.
    • Civil Liberties in Wartime: War on Terrorism
      • The September 11 attacks brought the debate over civil liberties during wartime back to the political agenda.
      • The USA Patriot Act (2001, 2006)
      • Hamdi v. Rumsfeld (2004)
      • Hamdan v. Rumsfeld (2006)
      • Boumediene v. Bush (2008)
    • Civil Liberties and Deliberative Democracy
      • All three branches of government have been involved in the debates over the expansion of personal liberties for Americans.
      • The federal judiciary has had an important role in the deliberation about civil liberties Americans enjoy.
    • Deliberation, Citizenship, and You
      • Civil liberties during extreme emergencies
      • Should we limit civil liberties during times of national emergencies such as terrorist attacks? Why or why not?
      • How should the three branches of government work together to come to such a decision?
    • Summary
      • There is a difference between civil liberties and civil rights
      • The Bill of Rights did not have a significant impact on government and politics until the 20 th century
    • Summary
      • Government may not advance nor inhibit religion
      • Government may place some restrictions on speech
      • The Supreme Court has protected the rights of accused criminals
    • Summary
      • During times of war, there is a delicate balance between national security and protecting civil liberties
      • The rights of citizens are not absolute