Civil Liberties: Protecting Individual Liberties Civics: Chapter 10 Section 3

The Right to Keep and Bear Arms The second amendment is the most heavily debated “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.” Some believe it protects the right to own all kinds of firearms, others think it was intended to protect the states’ right to form militia units United States v. Miller (1939): you cannot own weapons that would be owned by a criminal (sawed off shotgun) McDonald v. Chicago (2010): supports second amendment rights in federal, state, and local governments IT was a firm commitment to their personal freedoms that drove American colonists to break from Great Britain in the Revolutionary War QC: What is the Bill of Rights and what does it protect?

Security of Home and Person Fourth Amendment: probable cause- an important guarantee to personal security Search and Seizure: search warrant-forbids “unreasonable searches and seizures” Protections for Students: school officials may search students for drugs or weapons. In Vernonia School District v. Acton (1995) decided that fighting drug use overrides student privacy concerns QC: What is the Bill of Rights and what does it protect?

The Right to Privacy Scholars argue privacy is part of the concept of liberty guaranteed by due process clauses of Fifth and Fourteenth Amendments Griswold v. Connecticut (1965) court embraced “zones of privacy” for married couples Roe v. Wade (1973) due to the right to privacy, state law cannot prevent an abortion if first 3 months of pregnancy QC: What is the Bill of Rights and what does it protect?

Due Process of Law Fourteenth Amendment Fifth Amendment Due Process “No person shall…be deprived of life, liberty, or property, without due process of law…” Fourteenth Amendment “No state shall…deprive any person of life, liberty, or property, without due process of law…” Due Process Federal, State, and local governments must act fairly and reasonable, in accordance with fair, established laws and policies. Bill of Rights sets limits on government, but people do not have complete freedom to do whatever they choose QC: What are the limitations on civil liberties and rights?

2 Components of Due Process Procedural due process: the government must follow certain procedures before punishing a person Substantive due process: is concerned with whether or not the laws themselves are fair and just: a racial segregation law may violate substantive due process