NOTES 2 & TEST REVIEW CIVIL RIGHTS AND LIBERTIES

RELIGION AND RIGHTS The Free Exercise Clause- guarantees to each person the right to believe whatever he or she chooses to believe in matters of religion. No law and no other action by any government can violate this right. The Free Exercise Clause does not give anyone the right to violate criminal laws, or offend public morals.

RELIGION AND RIGHTS CONTINUED Establishment Clause - Prohibits the establishment of any particular religion. The government can not establish an acceptable voluntary prayer for use in public schools. Alexis de Tocqueville, travels to America 1830s Yet it was not until he went into the Churches of America, that Tocqueville Said he came to understand the genius and the power of this country

FROM THE U.S. CONSTITUTION “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

RELIGION AND RIGHTS CONTINUED The Government has encouraged religion in the United States in all of the following ways: By opening each session of Congress with a prayer By instilling a chaplain in the navy By exempting church property from taxes The Government has not encouraged the following: - Allowing the establishment of a national religion

EXCLUSIONARY RULE Evidence gained as a result of an illegal act by police cannot be used against the person from whom it was seized Mapp vs. Ohio (Supreme Court Case), law/criminal-procedure/criminal- procedure-keyed-to- saltzburg/searches-and-seizures- of-persons-and-things/mapp-v- ohio-3/

CIVIL RIGHTS AND PROTESTS Government has the right to make reasonable rules regulating assemblies To protect against the inciting of violence or the endangerment of life The Supreme Court has ruled that demonstrations on private property: Are not protected by the 1 st Amendment if demonstrators are trespassing

PROTESTS CONTINUED A person may do as he or she chooses in this country: As long as that person does not infringe on the rights of others. Picketing is protected by the 1 st and 14 th amendments if it is: Peaceful

POLICE POWER AND CIVIL RIGHTS Police Power- The State’s police power is defined as the right to protect public health, safety, morals, and the general welfare. When arresting someone, police must have probable cause to believe the person is involved in criminal activity. For an arrest to be lawful, police must have either a warrant or probable cause

POLICE POWER CONTINUED 4 th Amendment - forbids unreasonable searches and seizures. Prevents the police from abusing their power. Writ of Habeas Corpus- A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person's imprisonment or detention is lawful. It is intended to prevent the accused from being unjustly arrested and imprisoned without cause.

STATED RIGHTS Prior Restraint- The Government cannot curb ideas before they are expressed Almost without exception, government cannot apply prior restraint to spoken or written words.

DUE PROCESS What does Due Process Guarantee? States will not deny people any basic or essential liberties. The government must act fairly in accord with established rules. Two types of due process: Procedural Due Process- The government must employ fair procedures and methods. Substantive Due Process- The government must create fair policies and laws. Procedural due process has to do with the how the government acts (the procedures, the methods) of government action. Substantive due process involves the what (the substance, the policies) of government action.

DUE PROCESS CONTINUED The inclusion of two due process clauses in the Constitution reflects: Due process being in effect at the federal and state level. 1) (Federal) The 5 th amendment declares that the Federal Government cannot deprive any person of “life, liberty, without due process of the law” 2) (State) The 14 th Amendment places the same restriction on states, and local governments as well. Specific rights that are covered under the 14 th Amendment’s Due Process Clause have been spelled out case-by-case by the Supreme Court.

BILL OF RIGHTS The original Bill of Rights were intended to protect the American people from whom? In regard to equality, the Constitution states that ( think back to due process ): “No person can be denied equal protection of the laws”

CONSTITUTION, 14 TH AMENDMENT Which part of the Constitution declares that a person can become an American citizen either by birth or naturalization????? “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States”

IN COURT Double Jeopardy- Protects a person from being tried twice for the same crime “Clear and Present Danger”- Cases having to do with sedition (the crime of attempting to overthrow the government by force). Clear and Present Danger is a doctrine by the Supreme Court that determines what circumstance limits can be placed on the first amendment freedom of speech or assembly.

COURT RELATED Japanese internment during World War II. Why do you think the Supreme Court’s ruling in 1944 may have differed from the Federal Government’s action in 1988?

6 TH AMENDMENT The 6 th Amendment’s right to a public trial is meant to safeguard what? The defendant From this Amendment has come the following: Unnecessary delay of a trial Right to a lawyer Right to an impartial jury

AFFIRMATIVE ACTION Affirmative Action- A policy that requires most employers take positive steps to remedy the effects of past discriminations. De jure segregation- segregation by law, with legal sanction

AFFIRMATIVE ACTION CASES University of California v. Bakke /1977/1977_76_811/ /1977/1977_76_811/ Rational Basis Test- Courts employ various standards of review to assess whether legislative acts violate constitutionally protected interests. (a form of judicial review)

CLASSROOM WORK Pg. 612, #1-5 Pg. 618, # 1-7