Unit V Packet – get it together! 1.The Federal Court System 2.The Structure of the Federal Court System 3.Supreme Court Justice Research 4.Cases of the Courts/Civil vs. Criminal 5.Bill of Rights Review (if not turned in) 6.Study Guide 7.Bell Ringers

Civil Liberties & Civil Rights

Unalienable Rights Civil liberties : protections against government. Guarantees safety from arbitrary acts of gov’t. – Examples? Religion/speech/press/fair trail Civil rights : positive acts of gov’t that seek to make constitutional guarantees a reality for ALL people – Examples? Prohibitions of discrimination on basis of race/sex/religion/origin

Freedom of Religion A “wall of separation” – Thomas Jefferson Two distinct clauses in Const. which govern freedom of religion: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…” – Establishment Clause: Establishment of religion – separates church and state – Free Exercise Clause: guarantees person right to believe whatever chooses

Freedom of Speech and Press Purpose of free expression: – each person’s right of free expression, in spoken, written, and all other means of communication – All persons a full, wide ranging discussion of public affairs Not an absolute right, some not protected by the Constitution (Sedition/Obscenity/Slander) Symbolic speech – protected if peaceful

Assembly and Petition Guarantees – Protects right to get together and express views on public matters Restrictions on: – Time – Place – Manner (peaceful)

Due Process of Law Procedural due process:  (how) people who go before a court are guaranteed a fair trial Substantive due process:  (substance) each person has fundamental rights found in American history or traditions that cannot be violated (e.g. Civil rights etc.)  Due process: principle that government must respect all legal rights of a person  5 th Amendment: can’t deprive of life, liberty or property without due process of law  14 th Amendment: places same restrictions on state

Freedom vs. Security of Person 4 th Amendment - Search and Seizure: – When making an arrest, police may search: A: The person arrested B: Things in plain view C: Places or things that the arrested person could also touch or reach or are otherwise in the arrestee’s immediate control D: All of the above Exclusionary rule: – Evidence gained as a result of an illegal act by police cannot be used in trial – Court left decisions up to states to decide

Landmark Supreme Court Cases

Rights of the Accused Due process: All legal rights must be protected Rule of law: Law should govern a nation – All members of the nation are held accountable under the law Writ of habeas corpus (writ of liberty): Prevent unjust arrests and imprisonments – Right to seek court order – Calls a prisoner to court so officer can explain why person should not be let go – Cannot be suspended except for cases of rebellion or invasion Equal Protection Clause: 14 th Amendment – Today forbids states/local gov’ts to draw unreasonable distinctions between classes of people

Plessy vs. Ferguson (1896) – Homer Plessy arrested and fined for sitting in a white train car – Upheld racial segregation – “Separate but equal” facilities for black and white people Constitutional issues? Landmark SCOTUS Cases

Brown vs. Board of Education (1954) – Segregation in schools at issue – Overturned Plessy vs. Ferguson and made segregation unconstitutional (9-0!) – “Separate facilities for education inherently unequal” Constitutional issues? Landmark SCOTUS Cases

Gideon vs. Wainright – Accused of breaking & entering – Asked for a lawyer (he couldn’t afford one), but was refused – Forced to represent himself & lost – Petitioned to Supreme Court – Court ruled his trial was not fair without an appointed lawyer; new precedent for the country Constitutional issues? Landmark SCOTUS Cases

Miranda vs. Arizona (1966) – Ernesto Miranda arrested based on eyewitness account – Confessed to crime after interrogation & no notification of 5 th Am. rights – Convicted of rape & murder – Supreme Court ruled that confessions obtained without awareness of 5 th Am. rights cannot be used as evidence “Miranda rights” Landmark SCOTUS Cases

Segregation – Separation of one group from another De Facto Segregation – separation caused by social conditions ie. Poverty De Jure Segregation – racial segregation caused by law – Plessy v. Ferguson – Brown v. Board of Education (1954) Citizenship – Jus soli: law of the soil (citizenship according to the location of your birth) – Jus Sanguinis: law of the blood (citizenship based upon your parents – Dred Scott v. Sanford – 15 th Amendment Civil Rights: Equality Before the Law

Rights of Accused 5 th Amendment – Self incrimination, Double Jeopardy, Due Process – “You have the right to remain silent” – Miranda Rights – A person can’t be tried twice for the same crime – double jeopardy. 6 th Amendment – Speedy Trial – Know crime accused of, face witnesses, question witnesses, call witness to defense, have help of lawyer – Jury trials must be available if sentence of six or more months is possible