Lecture #8 American Government Civil Liberties 2

1. WEEK #2 LECTURE #8
CIVIL LIBERTIES
PART 2
AMERICAN GOVERNMENT
PROFESSOR ANAND SHASTRI
FALL 2015

2. FREEDOM OF PRESS: KEY TERMS
• PRIOR RESTRAINT (PG.156)
• LIBEL (PG. 157)
• RIGHT TO A JURY TRIAL
• CENSORSHIP & THE INTERNET

3. CIVIL LIBERTIES #2 OUTLINE
PART 2A) RIGHT TO BEAR ARMS
PART 2B) RIGHTS OF CRIMINAL DEFENDANTS
PART 2C) RIGHT TO PRIVACY
PART 2D) CIVIL LIBERTIES: INDIVIDUALISM & COLLECTIVISM

4. PART 2A) RIGHT TO BEAR
ARMS

5. MAJOR GUN CONTROL LEGISLATION
• 1993 BRADY HANDGUN VIOLENCE PREVENTION “BRADY BILL”
• 1994 CRIME BILL- ASSAULT
• 1995 BILL- GUNS BY SCHOOL
• 2004 CONGRESS LETS BAN EXPIRE

6. ANTI-GUN CONTROL ARGUMENTS
• HUNTING/LEISURES CAUSE NO HARM, PART OF CULTURE
• SLIPPERY SLOPE ARGUMENT
• SELF-DEFENSE
• BELIEVE FOUNDERS WANTED LIMITED GOVERNMENT, &
PROTECT US FROM TYRANNY

7. PRO-GUN CONTROL ARGUMENTS
• ERROR OF THE “WASH D.C. HAS MOST PRO-GUN CONTROL
LAWS, YET HIGHEST CRIME”
• NRA/SOME GUN OWNERS SAY “RIGHTS”, BUT ITS “WANTS”
• COMPARATIVE POLITICS DATA ON OTHER COUNTRIES
• NO AMERICAN RIGHTS ARE ABSOLUTE, CONSTITUTION

8. SALIENCE OF GUN ISSUE & JUDICIAL DECISIONS
• MOST AMERICANS ARE PRO-GUN CONTROL, YET ANTI-GUN
CONTROL SIDE IS MORE INTENSE & ACTIVE
• %-AGE OF GUN OWNERS BEEN AROUND SAME, BUT GUN SALES
RISING MUCH FASTER THAN POPULATION GROWTH
• EARLY SCOTUS RARELY HANDLED CASES, SIDING W/ PRO-GUN
CONTROL LAWS, SINCE GWB APPT. MORE AGAINST THEM

9. PART 2B) RIGHTS OF
CRIMINAL DEFENDANTS

10. SIGNIFICANCE OF CRIMINAL DEFENDANT RIGHTS
• LIMIT GOVERNMENT POWER, BILL OF RIGHTS PROVIDE
CHECKS ON PROSECUTION
• AMERICAN CULTURE: INNOCENT UNTIL PROVEN GUILTY
• DUE PROCESS OF LAW (5TH AND 14TH AMENDMENTS)
• WARREN (SCOTUS) EXPANDED PROTECTIONS, LATER
BACKLASH (SOFT CRIME) REHNQUIST COURT SCALED BACK

11. 4TH AMENDMENT: PROTECTION AGAINST
UNREASONABLE SEARCH & SEIZURES
• KATZ TEST
• WARRANT
• EXCLUSIONARY RULE (PG. 165)
• GOOD FAITH EXCEPTION TO THE RULE
4 ALLOWABLE CIRCUMSTANCES FOR A WARRANTLESS SEARCH

12. 5TH MIRANDA & DOUBLE JEOPARDY, 6TH RIGHT TO
COUNSEL
5TH AMENDMENT
• SELF-INCRIMINATION CLAUSE & MIRANDA
• GRAND JURY
• DOUBLE JEOPARDY
6TH AMENDMENT
• GIDEON V. WAINRIGHT (NATIONALIZED IT)
• RIGHT VIOLATED (GROWING CASELOAD, STATE LAWS LIMITING

13. PART 2C) RIGHT TO
PRIVACY

14. IMPORTANCE OF PRIVACY RIGHTS
• CONSISTENT WITH FOUNDERS VIEW OF LIMITED GOV’T.
• RIGHT TO PRIVACY: THE RIGHT TO DO WHAT WE WANT WHEN
WE ARE ALONE (PRIVATE SPHERE)
• COMPROMISE BETWEEN PUBLIC VIEW VS. MINORITY RIGHTS
• ABORTION, RIGHT TO DIE, LGBT RIGHTS, DRUG USE?

15. REPRODUCTIVE RIGHTS
• ROE. V. WADE (‘73) BLACKMUN-SC EXTENDED PRIVACY TO
INCLUDE ABORTION (NEITHER STATED)
• REAGAN & RELIGIOUS RIGHT VS. LIBERAL DEMS
• PLANNED PARENTHOOD V. CASEY (1992) NARROWED RIGHT
• ‘07 ROBERTS-SC UPHOLDS BAN ON LATE-TERM ABORTIONS
INCREMENTAL BATTLES TODAY
1ST FUNDING FOR ABORTIONS, 2ND PARENTAL NOTIFICATION

16. RIGHT TO DIE
• PROPONENTS: PATIENTS SHOULD DECIDE WHETHER TO
CONTINUE LIVING W/ HARSH (TERMINAL) CONDITIONS
• OPPONENTS: REQUIRES DOCS TO VIOLATE HIPPOCRATIC
OATH, FINANCIAL SAVINGS MAY PUT PRESSURE ON PATIENTS
• TERRI SCHIAVO CASE
• OREGON, ASHCROFT, & SCOTUS

17. LGBT RIGHTS & DRUG USE
LGBT RIGHTS
• BOWERS V. HARDWICK (‘86) SODOMY LAW CONSERVATIVE
• LAWRENCE V. TEXAS (‘03) REPEALS BOWERS (PRIVACY ARG)
DRUG USE
• MARIJUANA: PRIVACY VS. MORALITY/SOCIETAL HARM (MED TOO)
• STATES: LIBERAL DECRIMINALIZED/LEGALIZED WHILE
CONSERVATIVE CRIMINALIZED

18. PART 2D) CIVIL LIBERTIES:
INDIVIDUALISM &
COLLECTIVISM

19. “WRAP IT UP” CIVIL LIBERTIES #1
SOCIETY IS BETTER IF EACH OF US RECEIVE THESE RIGHTS
APPLYING THIS TO CHAPTER PART #1
• DEMOCRACY IS PRESERVED IF CRITICISM ALLOWED
• RELIGION CAN PROSPER IF NOT CONNECTED TO POLITICS
• MILITIAS MAY DEFEND FREE STATE IF CITIZENS ARMED
• EVERYONE CAN BE A BENEFICIARY OF JUSTICE IF IT’S
GUARANTEED TO EACH OF US

20. “WRAP IT UP” CIVIL LIBERTIES #2
• OBLIGATIONS & RIGHTS GO HAND-IN-HAND
• FOR EVERY RIGHT, THERE IS AN OBLIGATION
• COMPARATIVE POLS: OBLIGATIONS ARE LOWER HERE
• MOST AMERICANS ABIDE, BUT THERE IS HYPOCRISY ON
LIBERTIES, BUT NOT LIVING UP TO OBLIGATIONS