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Ch.09 Civil Liberties “Your rights as Americans” American Government.

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1 Ch.09 Civil Liberties “Your rights as Americans” American Government

2 Founding Documents Declaration of Independence - “We hold these truths to be self-evident; that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness.” Constitution – framers believed in natural rights American Government

3 Writ of Habeas Corpus Art. 1, Sec. 9 “Produce the body” Requires government officials to present a prisoner in court and to explain to the judge why the person is being held American Government

4 Ex Post Facto Laws “after the fact” Being charged for committing a crime, that wasn’t a crime when the person committed the action American Government

5 Bills of Attainder Legislative act that punishes an individual without judicial trial Court should decide guilt, not Congress American Government

6 Bill of Rights 1.Free speech, press, assembly, petition, religion 2.Right to bear arms 3.Prohibits quartering soldiers 4.Restricts illegal search and seizures 5.Provides grand juries, restricts eminent domain (gov can’t take private property unless compensation), prohibits forced self-incrimination, double jeopardy (can’t be charged for the same crime twice) American Government

7 Bill of Rights 6. Outlines criminal court procedure 7. Trial by jury 8. Prevent excessive bail and cruel and unusual punishment 9. Amendments 1-8 do not necessarily include all possible rights of the people 10. Reserves for the states any powers not delegated to Fed. Gov by Constitution American Government

8 14 th Amendment “privileges and immunities” – Constitution protects all citizens Due process – prohibits abuse of life, liberty, or property of any citizen, state rights were subordinate to Fed rights Equal protection clause – Constitution applies to all citizens equally American Government

9 Judicial Review Marbury v. Madison The power of the Supreme Court to judge the constitutionality of a law American Government

10 Legislative Action Sometimes laws can guarantee rights Ex. Civil Rights Act of 1964 American Government

11 Religion “Establishment” clause – prohibits the gov’t from establishing an official church “Free exercise” clause – allows people to worship as they please American Government

12 Free Speech DOES NOT mean that you can “say anything you want”… but pretty close Restrictions Threat to national security Libel – false written statement attacking someone’s character, with intent to harm Obscenity – not protected, hard to define – Ex. Pornographic material Symbolic speech – action to convey a message American Government

13 Right to Privacy Not in the Constitution Griswold v. Connecticut (1965) Roe v. Wade (1971) Yahoo and Google – search and e-mails? American Government

14 Due Process 5 th and 14 th Amendment Forbids national AND state gov to “deny any person life, liberty, or property without due process of law.” Procedural – fair trial Substantive – fundamental fairness American Government

15 Search and Seizure 4 th Amendment Freedom from “unreasonable search and seizure” Prevent police abuse Ex. Mapp v. Ohio American Government

16 Self-incrimination 5 th Amendment No one “shall be compelled to be a witness against himself.” Miranda v. Arizona 1966 American Government

17 Right v. Right Most cases are not simple They often pit two rights against each other Ex. – freedom of press v. national security American Government

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