Civil Liberties and The Bill of Rights

Bill Of Rights Create a title for each Amendments 1-10 Rank the amendments in importance from 1-10. Write a short explanation of why you chose your top three.

I. Liberties V. Rights Civil Liberties- the personal rights and freedoms that government can not take away.(protection from gov’t) Civil Rights- equal protection and opportunity for all. Do we have a bill of rights or a bill of liberties? 5th Amendment right to property

I. Liberties V. Rights Civil Liberties- the personal rights and freedoms that government can not take away.(protection from gov’t) Civil Rights- equal protection and opportunity for all. Do we have a bill of rights or a bill of liberties? Does the Bill of Rights Apply to the state governments or only the federal? 5th Amendment right to property

II. Bill of Rights A. In Barron v. Baltimore the Supreme Court ruled that the limitations in the Bill of Rights only applied to the federal government. 5th Amendment Right to property

III. Incorporation Doctrine The 14th amendment Equal Protection Clause- All citizens must be treated the same under the law (civil rights) Due Process Clause- Due Process is required by states also (civil liberties) Gitlow was promoting a violent overthrow of the government.

Gitlow V. New York(1925) The Supreme Court ruled that states can not violate freedom of speech. Most of the provisions of the Bill of Rights were incorporated under the Warren Court. Created the precedent that the courts can apply protections in the Bill of Rights to the States.

Incorporation Doctrine

IV. Freedom of Religion Establishment Clause: no government sponsorship of religion Free exercise Clause: government can’t interferer in your religious beliefs C. How has this been controversial in modern times.

Discuss with your partner: Would each of the following scenarios be more closely associated with the establishment or free exercise clause. A city council meeting opens up with a religious prayer Tax payer dollars go to religious schools. The government requires employers to provide health insurance that covers birth control. Public schools teach creationism

C. The Lemmon Test Lemmon v. Kurtzman (1971) Legislation must be Secular, not religious Its primary effect must neither advance nor inhibit religion It must avoid an “excessive entanglement of government with religion.” Private, mostly catholic schools were receiving federal funds to pay core teachers

V. Freedom of Speech and the Press Shenck V. US (1919)- Speech that creates a clear and present danger is not protected by the 1st amendment. Texas V. Johnson(1989)- Flag burning is a form of free speech and protected by the 1st amendment Symbolic speech

C. McConnell v. Federal Elections Commission (2003) -Bans on soft money and restrictions placed on television advertising did not violate freedom of speech D. Citizens United V. FEC (2010) - Overturned the above case and ruled that corporate funding of political advertisements are protected by the 1st amendment.

http://www.cc.com/video-clips/a12zva/the-daily-show-with-jon-stewart-floyd-abrams

VI. 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. D.C. V. Heller- Struck down a Washington DC gun control law that banned hand guns and required legal guns to be unloaded McDonald V. Chicago-Incorporated the 2nd amendment to apply to states Debate is over whether or not individuals need to be in a militia and whether or not limits exist on the 2nd Amendment. McDonald said a handgun ban in Chicago was Unconstitutional

VII. Right to privacy Mapp V. Ohio (1961) incorporated the 4th amendment and determined that police may only obtain evidence through a legal search warrant. Privacy is not specifically mentioned but the Court has determined has that it is one of the rights protected by the 9th Amendment. 1. Abortion is guaranteed by the Ninth Amendment. 4th Amendment prohibits unreasonable searches and seizures Police searches Mapps house without a warrant. Found a trunk in the basement that a previous tenant left that was filled with pornography which was illegal in Ohio

VIII. Right to due Process (5th Amendment rights) A) A series of steps that protect the rights of the accused at every step of the investigation and limit how government power may be exercised. To protect American from tehdd enial of life, liberty or property.

A Speedy Trial- No more than 100 days after arrest Habeas Corpus- Article 1, Section 9 of the Constitution directs the police to show cause of why a person is being held. A Speedy Trial- No more than 100 days after arrest Right to a an attorney Double Jeopardy- you cannot be tried twice for the same crime. Protection from Self-Incrimination ARebellion Invasion or public safety

New York v. Quarles- “public safety” exception 2) Key Court Cases Gideon v. Wainright -the accused have the right to an attorney, even if they cannot afford one. B) Miranda v. Arizona -Established the Miranda Rights: right to remain silent and to an attorney New York v. Quarles- “public safety” exception Gideon 4th Amendent Florida would only provide counsel for capital offense. Miranda was charged with Kidnapping and rape, signed a confession after two hours on interrogation without being told he had the right to remain silent and a right to counsel. The suspect was suspected of rape was in a crowded store a police officer arrested the suspected he ahd an aempty holster and the police offocer asked him where the gun was without readin g him his Mirand arighta.

IX. Eight Amendment “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted”. Gregg v. Georgia -Death penalty is not cruel and unusual.

http://thedailyshow.cc.com/videos/iiculo/weak-constitution http://www.cc.com/video-clips/iiculo/the-daily-show-with-jon-stewart-weak-constitution