THE AMERICAN POLITICAL SYSTEM LECTURE 6 THE BILL OF RIGHTS

WHAT DOES THE BILL OF RIGHTS DO?  Protection of civil liberties  Restraints on what government can do  U.S. Supreme Court has last word  People interpret it differently  Courts try to establish balance between individual right and need for order

THE ORIGIN OF THE BILLL OF RIGHTS  Alexander Hamilton: No need for a Bill of Rights  Federalist 94: Might be necessary for a king, but not for a government elected by the people  If power limited, government can claim more power  Existing protections: no ex post facto laws, bill of attainder, protection of habeas corpus

THE ORIGIN OF THE BILL OF RIGHTS  Jefferson: Constitution deficient  During first session of Congress Madison introduces idea (George Mason raised the issue earlier)  The first eight amendments to the Constitution  Limitation of the federal government  Fourteenth Amendment incorporates the Bill of Rights, that is applies it to states W. E. B. DuBois  Jim Crow Laws, Plessy v. Ferguson, Separate but Equal, Rosa Parks,

THE DEMOCRATIC FREEDOMS- FREEDOM OF SPEECH  Government cannot restrict freedom of belief or thought  Clear and present danger-Shouting fire in a crowded theater  Symbolic speech: 1978: American Nazi Party march in Chicago (Skokie case)  Personal appearance  Fighting words: directed at a person is not constitutional, slander: spoken defamation of character Klan bake or clam bake, Eugene Debs

FREEDOM OF THE PRESS  Cornerstone of democratic societies  Exceptions: Commercial advertising (cigarette ads)  Libel: written defamation of character-public figure, if you cannot take the heat do not go into the kitchen-absence of malice, malicious intent  Obscene materials „utterly without redeeming social value”

FREEDOM OF THE PRESS  Pornography: obscenity law: lacks serious literary, artistic, political, scientific value, and appeals to prurient interest of sex according to local community standards  What was considered pornographic?  Absolute prohibition of child pornography

FREEDOM OF ASSEMBLY AND PETITION  Cannot assemble on private property without consent of the owner  Cannot prevent people from using public streets without permission  Freedom of association and dissent but limitation on political parties:  Red cases: testing anti Communist rules s Black cases: testing anti NAACP rules in the same period

RELIGION AND CONSCIENCE  Establishment clause  Free exercise thereof  Separation of church and state-implied  No entanglement between government and religion  Religion in public school-captive audience doctrine  Freedom from religion

PERSONAL FREEDOMS  Protection of property-due process  Eminent domain: private property may be taken for public use, but fair market value has to be paid  Privacy:Fourth Amendment: freedom from unreasonable search and seizure  Exclusionary rule-illegally obtained evidence excluded from trial

RIGHT OF THE ACCUSED  Due process  Right of counsel Gideon v. Wainwright  Right against self-incrimination  Miranda v. Arizona (1966)  No cruel and unusual punishment  Protection against double jeopardy Oklahoma City Bombing, Alfred T. Murrah, building, 1995 Timothy McVeigh Waco 1993