Download Civil Liberties and the Bill of Rights

Civil Liberties and The Bill of
Rights
Bill Of Rights
1. Create a title for each Amendments 1-10
2. Rank the amendments in importance from 110. Write a short explanation of why you
chose your top three.
I. Liberties V. Rights
A. Civil Liberties- the personal rights and
freedoms that government can not take
away.(protection from gov’t)
B. Civil Rights- equal protection and
opportunity for all.
C. Do we have a bill of rights or a bill of
liberties?
I. Liberties V. Rights
A. Civil Liberties- the personal rights and
freedoms that government can not take
away.(protection from gov’t)
B. Civil Rights- equal protection and
opportunity for all.
Do we have a bill of rights or a bill of liberties?
Does the Bill of Rights Apply to the state
governments or only the federal?
II. Bill of Rights
A. In Barron v. Baltimore the Supreme Court
ruled that the limitations in the Bill of Rights
only applied to the federal government.
III. Incorporation Doctrine
A. The 14th amendment
1. Equal Protection Clause- All citizens must be
treated the same under the law (civil rights)
2. Due Process Clause- Due Process is required by
states also (civil liberties)
A. Gitlow V. New York(1925)
A. The Supreme Court ruled that states can not
violate freedom of speech.
B. Most of the provisions of the Bill of Rights were
incorporated under the Warren Court.
C. Created the precedent that the courts can apply
protections in the Bill of Rights to the States.
Incorporation Doctrine
IV. Freedom of Religion
A. Establishment Clause: no government
sponsorship of religion
B. Free exercise Clause: government can’t
interferer in your religious beliefs
C. How has this been
controversial in modern
times.
Discuss with your partner: Would each of the
following scenarios be more closely associated
with the establishment or free exercise clause.
1) A city council meeting opens up with a
religious prayer
2) Tax payer dollars go to religious schools.
3) The government requires employers to provide
health insurance that covers birth control.
4) Public schools teach creationism
C. The Lemmon Test
Lemmon v. Kurtzman (1971)
1) Legislation must be
a) Secular, not religious
b) Its primary effect must neither advance nor
inhibit religion
c) It must avoid an “excessive entanglement of
government with religion.”
V. Freedom of Speech and the Press
A) Shenck V. US (1919)- Speech that creates a
clear and present danger is not protected by
the 1st amendment.
B) Texas V. Johnson(1989)- Flag burning is a
form of free speech and protected by the 1st
amendment
C. McConnell v. Federal Elections Commission (2003)
-Bans on soft money and restrictions placed on
television advertising did not violate freedom of speech
D. Citizens United V. FEC (2010)
- Overturned the above case and ruled that corporate
funding of political advertisements are protected by the
1st amendment.
• http://www.cc.com/video-clips/a12zva/thedaily-show-with-jon-stewart-floyd-abrams
VI. Right to Bear Arms
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.
A. D.C. V. Heller- Struck down a
Washington DC gun control law
that banned hand guns and
required legal guns to be unloaded
B. McDonald V. ChicagoIncorporated the 2nd amendment
to apply to states
VII. Right to privacy
A. Mapp V. Ohio (1961) incorporated the 4th
amendment and determined that police may
only obtain evidence through a legal search
warrant.
B. Privacy is not specifically mentioned but the
Court has determined has that it is one of the
rights protected by the 9th Amendment.
1. Abortion is guaranteed by the Ninth Amendment.
VIII. Right to due Process
(5th Amendment rights)
A) A series of steps that protect the rights of the
accused at every step of the investigation and
limit how government power may be exercised.
1) Habeas Corpus- Article 1, Section 9 of the Constitution
directs the police to show cause of why a person is being
held.
2) A Speedy Trial- No more than 100 days after arrest
3) Right to a an attorney
4) Double Jeopardy- you cannot be tried twice for the same
crime.
5) Protection from Self-Incrimination
2) Key Court Cases
A)Gideon v. Wainright
-the accused have the right to an attorney, even
if they cannot afford one.
B) Miranda v. Arizona
-Established the Miranda Rights: right to remain
silent and to an attorney
New York v. Quarles- “public safety” exception
IX. Eight Amendment
“Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishment inflicted”.
A.Gregg v. Georgia
-Death penalty is not cruel and unusual.
• http://thedailyshow.cc.com/videos/iiculo/wea
k-constitution