Govt 2305-Ch_4


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Govt 2305-Ch_4

  1. 1. Civil Liberties Chapter 4
  2. 2. The Bill of Rights  The Bill of Rights was written by the founders exclusively to limit the powers of the national government  At the time, there was little concern over the potential of state governments to curb civil liberties  People reasoned that state governments were closer to home and easier to control  Overall, the fear of potential tyranny rested in the national government  1833, Barron v. Baltimore – the Supreme Court ruled that the Bill of Rights did not apply to state laws
  3. 3. The Bill of Rights  Civil Liberties varied from state to state as each state’s constitution address civil liberties differently  When the 14th Amendment was ratified in 1868, civil liberties guaranteed by the Constitution began to be applied to the states  Section 1 of the amendment states, “No State shall…deprive any person of life, liberty, or property, without due process of law”
  4. 4. Incorporation of the 14th Amendment  After 1868, there was no question that the 14th Amendment applied to state governments  However, for decades, courts were reluctant to define the liberties spelled out in the Bill of Rights as constituting “due process of law,” which was protected under the 14th Amendment  The shift to incorporation began in 1925 with Gitlow v. New York  Incorporation theory  The view that most of the protections of the Bill of Rights apply to state governments through the 14th Amendment’s due process clause
  5. 5. Incorporating the Bill of Rights into the 14th Amendment Year Issue Amendment Involved Court Case 1925 Freedom of Speech I Gitlow v. New York 1931 Freedom of the press I Near v. Minnesota 1932 Right to a law in capital punishment cases VI Powell v. Alabama 1937 Freedom of assembly I De Jonge v. Oregon 1940 Freedom of religion I Cantwell v. Connecticut 1947 Separation of church and state I Everson v. Board of Education 1948 Right a public trial VI In re Oliver 1949 No unreasonable search and seizures IV Wolf v. Colorado 1961 Exclusionary rule IV Mapp v. Ohio 1962 No cruel and unusual punishment VIII Robinson v. California 1963 Right to a law in all criminal felony cases VI Gideon v. Wainwright 1964 No compulsory self- incrimination V Mallory v. Hogan 1965 Right to privacy I, III, IV, VI, IX Griswold v. Connecticut 1966 Right to an impartial jury VI Parker v. Gladdon 1967 Right to a speedy trial VI Klopfer v. North Carolina 1969 No double jeopardy V Benton v. Maryland 2010 Right to bear arms II McDonald v. Chicago
  6. 6. Freedom of Religion  Freedom of Religion consists of two main principles in the 1st Amendment  Establishment Clause – prohibits the establishment of a church officially supported by the national government  Applies to: legality of giving state/local gov’t aid to religious organizations and schools; allowing or requiring school prayer; and teaching evolution vs. intelligent design  Separation of Church and State  Free Exercise Clause – guarantees the free exercise of religion  Constrains the national gov’t from prohibiting people from practicing the religion of their choice
  7. 7. Separation of Church and State  Establishment Clause case law  Aid to Religious Schools  Lemon v. Kurtzman (1971) – Supreme Court ruled that direct state aid to subsidize religious schools was unconstitutional  Aid had to secular in aim and could not advance or inhibit religion  School Vouchers  Zelman v. Simmons-Harris (2002) – school vouchers (state funding) could be used for public or private schools as they do not unconstitutionally entangle church and state
  8. 8. Separation of Church and State  Establishment Clause case law  School Prayer  Engel v. Vitale (1962) – school recommended prayer violates the Establishment Clause because the business of government is not to compose official prayers for any group of American people to recite as part of a religious program carried on by the government  Ruling based in part on the historical fact that “governmentally established religions and religious persecution go hand in hand”  Wallace v. Jaffree (1985) – Supreme Court ruled that mandated moments of silence for prayer or mediation in all public schools was unconstitutional as it was an “endorsement of religion lacking any clearly secular purpose
  9. 9. Freedom of Expression  Most invoked freedoms: right to free speech and free press  In general, Americans have the right to criticize public officials and their actions without fear of reprisal by any branch of government  Prior Restraint  Restraining an activity before it has actually occurred; censorship  New York Times vs. United States (1971) – Pentagon Papers case; gov’t had no standing to restrict the newspaper’s right to publish the documents  Gov’t has a heavy burden of showing justification to restrain the press
  10. 10. Check my SlideShare page (rfair07) for more lectures Lectures posted for:  United States History before 1877 / after 1877  Texas History  United States (Federal) Government / Texas Government  Slide 10 of 25  To download a full copy of the full PowerPoint presentation, please go to:  10