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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
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  • 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
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  • 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
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  • 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?
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  • 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