The foundation of the American Government

The objectives of the framers: -Limited Federal Powers -Constitution: a list of “do’s” - Bill of Rights: a list of specific “do nots” that apply only to the federal government, not the state governments

Civil liberties become a major issue for three reasons: -Rights in conflict -Enflaming of passions by policy entrepreneurs -The political culture of the United States

Rights in conflict: -Sheppard Case- free press vs. fair trial -NY Times and Pentagon papers- common defense vs. free press -KKK rallies- free speech vs. public order Competing Rights- how do we know how to decide?

Policy Entreprenuers: Individuals or groups trying to limit the liberties of another group or minority -Sedition act- Federalists in fear of the of TJ and anarchy -The Espionage and Sedition Acts of Attorney General Mitchell Palmer -Smith Act, Internal Security Act of 1950, and Communist Control act of Senator Joe McCarthy

Political Culture: -America founded by white European Protestants therefore “Americanism” was equated with their values -New immigration brought new cultures and conflicts about constitutionally protected freedoms Ex. Jews and Muslims offended by Christmas holidays Ex. English speakers prefer mono-lingual schools

First Amendment: -Freedom of Expression -Freedom of Religion- establishment clause and free exercise clause -Prior restraint -Clear and present danger test -Libel and slander -Obscenity

Testing Restrictions on Expression -preferred position -prior restraint -imminent danger -neutrality -clarity -least restrictive means

Wall of Separation Principle: Tests for Constitutionality: Government involvement is legal if- -It has a secular purpose -its primary effect neither advances or inhibits religion -it does not foster an excessive government entanglement with religion

Crime and Due Process -4 th through 8 th Amendments deal with rights of the accused. -14 th Amendment applies due process to the states -Exclusionary rule -Miranda and good faith exception