Civil Liberties Protections Under the Bill of Rights

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Civil Liberties Protections Under the Bill of Rights 11

Civil Liberties Protections Under the Bill of Rights 11

Video: The Big Picture http: //media. pearsoncmg. com/ph/hss/SSA_SHARE D_MEDIA_1/polisci/presidency/Magleby. Brief_Ch 11 _Civil_Liberties_Seg 1_v 2.

Video: The Big Picture http: //media. pearsoncmg. com/ph/hss/SSA_SHARE D_MEDIA_1/polisci/presidency/Magleby. Brief_Ch 11 _Civil_Liberties_Seg 1_v 2. html 11

Learning Objectives 11. 1 11. 2 11 Trace the roots of civil liberties in

Learning Objectives 11. 1 11. 2 11 Trace the roots of civil liberties in the original Constitution and their subsequent development in the Bill of Rights Describe the First Amendment freedoms and the limitations on them

Learning Objectives 11 11. 3 Explain how the Constitution protects property rights 11. 4

Learning Objectives 11 11. 3 Explain how the Constitution protects property rights 11. 4 Distinguish between procedural and substantive due process

Learning Objectives 11 11. 5 Assess the kinds of behavior that may be covered

Learning Objectives 11 11. 5 Assess the kinds of behavior that may be covered by a constitutional right to privacy 11. 6 Analyze the constitutional rights of criminal suspects

Learning Objectives 11. 7 11 Evaluate the roles of institutions and the people in

Learning Objectives 11. 7 11 Evaluate the roles of institutions and the people in protecting civil liberties

Video: The Basics 11 http: //media. pearsoncmg. com/ph/hss/SSA_SHARED_MEDI A_1/polisci/presidency/Seg 2_Civil. Liberties_v 2. html

Video: The Basics 11 http: //media. pearsoncmg. com/ph/hss/SSA_SHARED_MEDI A_1/polisci/presidency/Seg 2_Civil. Liberties_v 2. html

The Basis for Our Civil Liberties ¤ Rights in the Original Constitution ¤ The

The Basis for Our Civil Liberties ¤ Rights in the Original Constitution ¤ The Bill of Rights and the States 11. 1

Rights in the Original Constitution 11. 1 ¤ Habeas Corpus n Protects citizens from

Rights in the Original Constitution 11. 1 ¤ Habeas Corpus n Protects citizens from illegal incarceration ¤ Other rights: n Prohibitions: Bills of attainder, ex-post facto laws, titles of nobility, religious tests for public office n Protections: Impairment of contracts, right to travel n Guarantees: trial by jury, state republican government

TABLE 11. 1: Rights in the Original Constitution 11. 1

TABLE 11. 1: Rights in the Original Constitution 11. 1

Detainee 11. 1

Detainee 11. 1

The Bill of Rights and the States ¤ Bill of Rights n Enumerates civil

The Bill of Rights and the States ¤ Bill of Rights n Enumerates civil liberties ¤ Fourteenth Amendment n Due process clause ¤ Selective incorporation n Effect on federalism 11. 1

FIGURE 11. 1: Timeline of Selective Incorporation 11. 1

FIGURE 11. 1: Timeline of Selective Incorporation 11. 1

11. 1 From which amendment does the due process clause get its power? a.

11. 1 From which amendment does the due process clause get its power? a. 2 nd b. 5 th c. 13 th d. 14 th 11. 1

11. 1 From which amendment does the due process clause get its power? a.

11. 1 From which amendment does the due process clause get its power? a. 2 nd b. 5 th c. 13 th d. 14 th 11. 1

First Amendment Freedoms ¤ ¤ ¤ Freedom of Religion Free Speech and Free People

First Amendment Freedoms ¤ ¤ ¤ Freedom of Religion Free Speech and Free People Protected Speech Unprotected Speech Freedom of the Press Freedom of Assembly 11. 2

Freedom of Religion 11. 2 ¤ The Establishment Clause n Reaction to colonial experience

Freedom of Religion 11. 2 ¤ The Establishment Clause n Reaction to colonial experience n Interpretations of “the Separation of Church and State” n “Lemon” test n Endorsement test n Non-preferentialist test

Freedom of Religion ¤ The Free Exercise Clause n Compelling interest determination 11. 2

Freedom of Religion ¤ The Free Exercise Clause n Compelling interest determination 11. 2

Nativity 11. 2

Nativity 11. 2

Free Speech and Free People ¤ Action, Belief, and Speech ¤ Illegal Speech n

Free Speech and Free People ¤ Action, Belief, and Speech ¤ Illegal Speech n Libel n Obscenity ¤ Supreme Court tests: n bad tendency test n clear and present danger test n preferred position doctrine 11. 2

Protected Speech ¤ Prior restraint n Censorship before publication n National security exceptions ¤

Protected Speech ¤ Prior restraint n Censorship before publication n National security exceptions ¤ Content/Viewpoint Neutrality n Laws applying to all speech, views are generally ok 11. 2

Unprotected Speech ¤ Libel n Proof of actual malice required ¤ Obscenity ¤ Fighting

Unprotected Speech ¤ Libel n Proof of actual malice required ¤ Obscenity ¤ Fighting Words n Hate speech n Intended to inflict injury or incite violence 11. 2

Hate speech 11. 2

Hate speech 11. 2

Flag-burning 11. 2

Flag-burning 11. 2

Freedom of the Press ¤ Reporter shield laws n 2005 Judith Miller case ¤

Freedom of the Press ¤ Reporter shield laws n 2005 Judith Miller case ¤ Broadcast and Cable Communications n Federal Communications Commission ¤ The Internet 11. 2

Freedom of Assembly 11. 2 ¤ Occupy Wall Street ¤ Time, Place, and Manner

Freedom of Assembly 11. 2 ¤ Occupy Wall Street ¤ Time, Place, and Manner Regulations ¤ Civil Disobedience is NOT a protected right

Ground Zero 11. 2

Ground Zero 11. 2

11. 2 Which of the following is defined as published defamation? a. Malice b.

11. 2 Which of the following is defined as published defamation? a. Malice b. Fighting words c. Obscenity d. Libel 11. 2

11. 2 Which of the following is defined as published defamation? a. Malice b.

11. 2 Which of the following is defined as published defamation? a. Malice b. Fighting words c. Obscenity d. Libel 11. 2

Property Rights ¤ Constitutional Protections ¤ Eminent Domain laws ¤ Regulatory takings 11. 3

Property Rights ¤ Constitutional Protections ¤ Eminent Domain laws ¤ Regulatory takings 11. 3

11. 3 Which of the following empowers government to take private property with just

11. 3 Which of the following empowers government to take private property with just compensation? a. Forfeiture b. Repossession c. Regulatory takings d. Eminent domain laws 11. 3

11. 3 Which of the following empowers government to take private property with just

11. 3 Which of the following empowers government to take private property with just compensation? a. Forfeiture b. Repossession c. Regulatory takings d. Eminent domain laws 11. 3

Due Process Rights ¤ Procedural Due Process ¤ Substantive Due Process 11. 4

Due Process Rights ¤ Procedural Due Process ¤ Substantive Due Process 11. 4

Procedural Due Process ¤ Refers to how law is applied ¤ Requires a process

Procedural Due Process ¤ Refers to how law is applied ¤ Requires a process for hearings, inquiries, and judgments ¤ Originally used only for criminal cases n Now applicable to most govt. proceedings 11. 4

Substantive Due Process ¤ Limits governmental action n Pertains mostly to “unjust” laws and

Substantive Due Process ¤ Limits governmental action n Pertains mostly to “unjust” laws and the legislature ¤ Origins: n U. S. Constitutional tradition n Natural law 11. 4

11. 4 From which amendments is the concept of due process drawn? a. 1

11. 4 From which amendments is the concept of due process drawn? a. 1 st and 14 th b. 1 st and 4 th c. 1 st and 5 th d. 5 th and 14 th 11. 4

11. 4 From which amendments is the concept of due process drawn? a. 1

11. 4 From which amendments is the concept of due process drawn? a. 1 st and 14 th b. 1 st and 4 th c. 1 st and 5 th d. 5 th and 14 th 11. 4

Privacy Rights ¤ Abortion Rights ¤ Sexual Orientation Rights 11. 5

Privacy Rights ¤ Abortion Rights ¤ Sexual Orientation Rights 11. 5

Abortion Rights 11. 5 ¤ Roe v. Wade (1973) n Extends privacy rights to

Abortion Rights 11. 5 ¤ Roe v. Wade (1973) n Extends privacy rights to women’s right to choose to have an abortion n Established trimester framework ¤ Undue burden doctrine n n State allowed to make reasonable regulations Prohibitions of use of state funds for abortion services Parental notification Informed-consent laws and waiting periods

FIGURE 11. 2: Public Opinion on Abortion Access 11. 5

FIGURE 11. 2: Public Opinion on Abortion Access 11. 5

Sexual Orientation Rights ¤ Bowers v. Hardwick (1986) n Rejected privacy as applicable to

Sexual Orientation Rights ¤ Bowers v. Hardwick (1986) n Rejected privacy as applicable to homosexual couples ¤ Lawrence v. Texas (2003) n Struck down sodomy laws based on right to privacy 11. 5

Video: Thinking Like a Political Scientist http: //media. pearsoncmg. com/ph/hss/SSA_SHAR ED_MEDIA_1/polisci/presidency/Seg 4_Civil. Liberti es_v

Video: Thinking Like a Political Scientist http: //media. pearsoncmg. com/ph/hss/SSA_SHAR ED_MEDIA_1/polisci/presidency/Seg 4_Civil. Liberti es_v 2. html 11. 5

11. 5 In which year did the Supreme Court recognize privacy as a Constitutionally

11. 5 In which year did the Supreme Court recognize privacy as a Constitutionally protected right? a. 1972 b. 1996 c. 1985 d. 1965 11. 5

11. 5 In which year did the Supreme Court recognize privacy as a Constitutionally

11. 5 In which year did the Supreme Court recognize privacy as a Constitutionally protected right? a. 1972 b. 1996 c. 1985 d. 1965 11. 5

Rights of Criminal Suspects ¤ Freedom from Unreasonable Searches and Seizures ¤ Fair Trial

Rights of Criminal Suspects ¤ Freedom from Unreasonable Searches and Seizures ¤ Fair Trial Procedures ¤ The Death Penalty 11. 6

Freedom from Unreasonable Searches and Seizures ¤ Exclusionary Rule n Excludes evidence obtained unconstitutionally

Freedom from Unreasonable Searches and Seizures ¤ Exclusionary Rule n Excludes evidence obtained unconstitutionally or illegally from criminal trials 11. 6

Body scanners 11. 6

Body scanners 11. 6

Freedom from Unreasonable Searches and Seizures ¤ Right to Remain Silent ¤ Miranda Warning

Freedom from Unreasonable Searches and Seizures ¤ Right to Remain Silent ¤ Miranda Warning 11. 6

Miranda 11. 6

Miranda 11. 6

Fair Trial Procedures ¤ Grand jury n Considers evidence; issues indictments n Plea bargain

Fair Trial Procedures ¤ Grand jury n Considers evidence; issues indictments n Plea bargain ¤ Defendant’s rights: n n Right to counsel Speedy, public trial Impartial jury Call and question witnesses ¤ Sentencing and Appeal n 8 th Amendment sentencing protections 11. 6

The Death Penalty ¤ 1976 death penalty reinstatement n States free to revise death

The Death Penalty ¤ 1976 death penalty reinstatement n States free to revise death penalty statutes ¤ Criticisms n Equality in sentencing ¤ Cruel and Unusual Punishment n Minors, mentally handicapped excluded from death penalties 11. 6

Video: In the Real World http: //media. pearsoncmg. com/ph/hss/SSA_SHA RED_MEDIA_1/polisci/presidency/Seg 5_Civil. Lib erties_v 2.

Video: In the Real World http: //media. pearsoncmg. com/ph/hss/SSA_SHA RED_MEDIA_1/polisci/presidency/Seg 5_Civil. Lib erties_v 2. html 11. 6

FIGURE 11. 3: Number of Executions by Year, 1976 -2012 11. 6

FIGURE 11. 3: Number of Executions by Year, 1976 -2012 11. 6

Explore Civil Liberties: Should the Government Apply the Death Penalty? http: //media. pearsoncmg. com/long_magleby_

Explore Civil Liberties: Should the Government Apply the Death Penalty? http: //media. pearsoncmg. com/long_magleby_ mpslgbp_brief 10/pex 11. html 11. 6

11. 6 Which of the following is a formal written statement from a grand

11. 6 Which of the following is a formal written statement from a grand jury charging an individual with an offense? a. Subpoena b. Warrant c. Plea bargain d. Indictment 11. 6

11. 6 Which of the following is a formal written statement from a grand

11. 6 Which of the following is a formal written statement from a grand jury charging an individual with an offense? a. Subpoena b. Warrant c. Plea bargain d. Indictment 11. 6

Explore the Simulation: You Are a Police Officer http: //media. pearsoncmg. com/long_longman_ media_1/2013_mpsl_sim/simulation. html?

Explore the Simulation: You Are a Police Officer http: //media. pearsoncmg. com/long_longman_ media_1/2013_mpsl_sim/simulation. html? simula. UR L=5 11. 6

Protecting Our Civil Liberties in an Age of Terror: Whose Responsibility? ¤ Fourth Amendment

Protecting Our Civil Liberties in an Age of Terror: Whose Responsibility? ¤ Fourth Amendment problems n Surveillance and wire-tapping ¤ The USA PATRIOT Act ¤ Congressional and presidential roles in protecting civil liberties 11. 7

Exonerated death row prisoner Clarence Brandley 11. 7

Exonerated death row prisoner Clarence Brandley 11. 7

Video: In Context http: //media. pearsoncmg. com/ph/hss/SSA_SHAR ED_MEDIA_1/polisci/presidency/Seg 3_Civil. Liberti es_v 2. html 11.

Video: In Context http: //media. pearsoncmg. com/ph/hss/SSA_SHAR ED_MEDIA_1/polisci/presidency/Seg 3_Civil. Liberti es_v 2. html 11. 7

11. 7 Which law passed in the wake of 9/11 has created controversy for

11. 7 Which law passed in the wake of 9/11 has created controversy for possible civil liberties violations? a. Terrorist Surveillance Act b. Protect America Act c. Foreign Intelligence Surveillance Act d. PATRIOT Act 11. 7

11. 7 Which law passed in the wake of 9/11 has created controversy for

11. 7 Which law passed in the wake of 9/11 has created controversy for possible civil liberties violations? a. Terrorist Surveillance Act b. Protect America Act c. Foreign Intelligence Surveillance Act d. PATRIOT Act 11. 7

Discussion Question 11 Does the government do enough to protect our civil liberties? If

Discussion Question 11 Does the government do enough to protect our civil liberties? If not, what could it do better? How have your civil liberties been affected since 9/11?

Video: So What? http: //media. pearsoncmg. com/ph/hss/SSA_SHARED _MEDIA_1/polisci/presidency/Magleby. Brief_Ch 11_Ci vil_Liberties_Seg 6_v 2. html

Video: So What? http: //media. pearsoncmg. com/ph/hss/SSA_SHARED _MEDIA_1/polisci/presidency/Magleby. Brief_Ch 11_Ci vil_Liberties_Seg 6_v 2. html 11

Further Review: On My. Poli. Sci. Lab ¤Listen to the Chapter ¤Study and Review

Further Review: On My. Poli. Sci. Lab ¤Listen to the Chapter ¤Study and Review the Flashcards ¤Study and Review the Practice Tests 11