Presentation on theme: "Essay Prompt: "For what reasons, and in what ways, was the United States Constitution of 1787 a “bundle of compromises”?""— Presentation transcript:
Essay Prompt: "For what reasons, and in what ways, was the United States Constitution of 1787 a “bundle of compromises”?"
Civil Liberties The Basis for Any Democracy
What Are Civil Liberties? Civil Liberties: – Basic rights and freedoms that are guaranteed -- either in the Bill of Rights/Constitution, or interpreted in Courts Free Speech, Free Press, Free from Search & Seizure, etc. Civil Rights: – Basic right to be free from unequal treatment based on certain protected characteristics (race, gender, disability) What right’s affected? v. Whose rights affected?
Bill of Rights: Civil Liberties Amendments 1 st Amendment: – Freedom of Religion, Speech, Press, Petition, Assemble Establishment Clause: – Congress shall make no law endorsing/ estbl. a religion – Estbl. Separation of Church & State…How closely have we followed this? Free Exercise Clause – Prevents infringement on people’s right to believe in whatever religion they choose (some religious practices can be restricted however…) – Limits on Free Speech Clear & Present Danger Doctrine (Schenck v. U.S.) Obscenity (Roth v. U.S.) Libel/Slander (written/spoken defamation) Commercial Speech Regulated by FTC/FCC
Bill of Rights: Civil Liberties Amendments 2 nd Amendment: – Right to Bear Arms “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” 3 rd Amendment: – Prohibits Quartering of Troops
Bill of Rights: Civil Liberties Amendments Amendments 4-8 – 4 th : Protection against illegal search & seizure Probable Cause/Warrant Exclusionary Rule (Mapp v. Ohio) – Evidence gathered thru illegal search & seizure can’t be submitted in court of law – Deterrent to unlawful police action – 4 th Amendment Under Attack – Terry Frisk – Pretext Stops – Drug Courier Profiles – “Consent Searches” – Patriot Act
Bill of Rights: Civil Liberties Amendments – 5 th: Right to grand jury, no double jeopardy, can’t be forced to testify against self, due process clips/3vk26x/chappelle-s-show-tron-carter-s-law---order clips/3vk26x/chappelle-s-show-tron-carter-s-law---order – 6 th : Speedy/public trial w/ impartial jury; Right to Confront witnesses; Right to counsel; prevents suspension of habeas corpus – 7 th : Jury trial in civil cases – 8 th : Free from excessive bail; cruel & unusual punishment – Upheld by Gregg v. Georgia
Bill of Rights: Civil Liberties Amendments 9 th Amendment: – Protects rights of the people that are not specifically enumerated in the Constitution – i.e. Right to Privacy 10 th Amendment… Outlining Federalism/“Reserved Powers” Any power not given to the federal government…nor denied to the states…are reserved for the states 14 th Amendment: – “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the united states nor shall any state deprive person of life, liberty or property without due process of law; nor deny any person within its jurisdiction equal protection of laws” – Incorporation
“INJUSTICE ANYWHERE, IS A THREAT TO JUSTICE EVERYWHERE!” MLK JR. Criminal Process 1.Evidence Gathered: – 4 th Amendment—forbids unreasonable search & seizure (exclusionary rule) 2.Suspicion Cast/Arrest Made – 6 th Guarantee habeas corpus—forbids imprisonment without evidence – 5 th Amendment—Right to remain silent; due process
“INJUSTICE ANYWHERE, IS A THREAT TO JUSTICE EVERYWHERE!” MLK JR. Interrogation Held: 5 th Amendment: Forced self-incrimination forbidden 6 th Amendment: Right to Counsel 8 th Amendment: Excessive bail forbidden Trial Held: 4 th Amendment: Exclusionary Rule (Mapp v. Ohio) 5 th Amendment: No “Double Jeopardy” 6 th Amendment: “Speedy & Public Trial” by an impartial jury ; Right to confront witnesses; Right to counsel Punishment Imposed: 8 th Amendment: Protection from Cruel & Unusual Punishment
What is Federalism? System of government which is divided into levels…central/national government and regional governments (aka states)…and where power is divided (as well as shared in some areas) How does this differ from Unitary & Confederate Governments? Colbert--If At First You Don't Secede
States: Reserved Powers 10 th Amendment: “Those powers not delegated to the federal government, nor prohibited to the states, are reserved for the states.” (AKA Reserved Powers) State Obligations to Each Other: – Full Faith & Credit Clause; Extradition
Why Federalism? Pros – Check Government Power/Protect Personal Liberty – Power Concentrated in Single entity → Tyranny – Under A.o.C. → Nat’l Govt Too Dependent on States – Provide Balance between Nat’l & State Govt. – STATES = TESTING GROUNDS – Large Countries; Diverse Regions – Allows for local action—local concerns – More access points/ways to participate Cons – Can be inefficient – Failure to implement at the state level – Conflicts can arise between state and federal government…