Federal Government 2305
Unit 8
Civil Liberties
Civil Liberties
 Civil Liberties =
 The rights and freedoms
protecting the people from
government
Civil Liberties: Religious
Displays
Civil Liberties: School
Prayer
Civil Liberties: Pledge of
Allegiance
Civil Liberties: Right to
Dissent and Protest
Civil Liberties: Freedom of
Speech & Assembly
Civil Liberties: Right to
Demonstrate
Civil Liberties: Right to
Demonstrate
Civil Liberties: Right to
Demonstrate
Civil Liberties: Right to
Protest & Demonstrate
Civil Liberties: Protest
Civil Liberties: Television
Civil Liberties: Rights of the
Accused
Civil Liberties: Rights of
“Criminals”
Civil Liberties: Rights of the
Guilty
Civil Liberties: Rights of the
Accused—Miranda Rights
Civil Liberties: Public
Schools & Student Rights
Power and Individual Liberty
Authority and Liberty
How much liberty
must individuals
surrender in order
to secure a
peaceful society?
Democracy and Individual Liberty
 The purpose of
the Constitution
and Bill of
Rights is to
place personal
liberty beyond
the reach of
government
THREE POSITIONS ON CIVIL
LIBERTIES
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Individual Rights
(speech, press,
religion, assembly,
privacy)
A
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H
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Government Powers to
-protect national security
-protect public morality
-maintain law & order
Preferred
Position
_________________________________________________
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Absolutist
Balanced
Position
Position
T
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3 Positions on Civil Liberties
 Absolutist Position:
 Few or no limits on Bill of Rights freedoms and
rights—they are absolute
 Preferred Position:
 Bill of Rights freedoms take precedence and
top priority over other interests—although they
are not absolute
 Balancing Position
 Equally balance competing interests of
protecting individual rights and governmental
powers to regulate
Important Civil Liberties
Quote
 “THE RIGHT TO SWING MY FIST ENDS
WHERE THE OTHER MAN’S
NOSE BEGINS.”


SUPREME COURT JUSTICE OLIVER
WENDELL HOLMES

What is his point??
Importance of ACLU
 ACLU (American Civil Liberties Union)
 established in 1920 (during the Red Scare) to
fight for the constitutional rights of people who
were denied them due to the “unpopularity” of
their ideas, goals, objectives, etc.

Frequently represent “unpopular” or
“extremist” groups—WHY??
2nd Important Civil Liberties
Quote
 “First they came for the Jews, and I did
not speak out because I was not Jewish.
 Then they came for the Catholics, and I
did not speak out because I was not
Catholic.
 Then they came for the gays and I did not
speak out because I was not gay.
 Then they came for me and there was no
one left to speak out for anybody.”
 Important point of this viewpoint??
Americans’ “Soft” Support
for Civil Liberties (March 1970 Poll)1

1. As long as there appears to be no clear danger of
violence, do you think any group, no matter how extreme,
should be allowed to organize protests against the
government? Yes_____ NO 76%
 2. If a man is found innocent of a serious crime but new
evidence is uncovered later, do you think he should be tried
again for the same crime? Yes 58% No_____
 3. If a person is suspected of a serious crime, do you think
the police should hold him in jail until they get enough
evidence to officially charge him? Yes 58% No_____
Americans’ “Soft” Support
for Civil Liberties (March 1970 Poll)2
 4.
Except in time of war, do you think
newspapers, radio, and TV should have the right
to report any story, even if the government feels
it’s harmful to our national interest? Yes____
 No 55%
 5.
Do you think everyone should have the right
to criticize the government even if the criticism is
damaging to our national interests? Yes____
 No 54%
Early Interpretation of the Bill of Rights
Barron v. Baltimore (1833)
 In early 1830s, John Barron files suit
against City of Baltimore


Alleged that city ruined his wharf business
Claimed protection under 5th Amendment
(government cannot take private property
without due process)
 Supreme Court decides against him
 Bill of Rights doesn’t apply to states—it
only applies to the federal government
Early Interpretation of the Bill of
Rights2
 Why didn’t the
Framers apply the
Bill of Rights to
state
governments?
Nationalizing the Bill of Rights
1
Incorporation
The process by which the Supreme Court
examines individual provisions of the Bill
of Rights and applies Bill of Rights
freedoms to against state and local
governments and officials
Nationalizing the Bill of Rights
2
After the Civil War, 14th Amendment added
to the Constitution
14th Amendment:
No State shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States; nor
shall any State deprive any person of life, liberty, or property,
without due process of law; nor deny to any person within its
jurisdiction the equal protection of the laws
Nationalizing the Bill of Rights
3
Judges must determine what protections, if
any, are provided by the phrases:
•Privileges or immunities of
citizens
•Equal protection of the laws
•Due process of law
Gitlow v. New York (1927)
 New York prosecuted
Gitlow, a Socialist, for
advocating the
overthrow of the U.S.
Government
 Supreme Court ruled
that individuals enjoy
the protections of free
speech against
actions by state
governments
(beginning the process of
incorporation)
The Incorporation Process
and the Nationalization of Constitutional Rights1
Incorporation
The process through
which the Supreme
Court examines
individual provisions
of the Bill of Rights
and applies them
against state and local
officials
Provisions of the Bill of
Rights that have never
been incorporated:


Second Amendment
provision linking “a
well-regulated Militia”
and the right to bear
arms
3rd Amendment
provision against
housing troops in
private homes
The Incorporation Process
and the Nationalization of
Constitutional Rights2
 Provisions of the Bill of Rights that have
never been incorporated (continued):
 5th
Amendment right to a grand jury
 7th Amendment requirement of jury
trials in cases over $20
 8th Amendment prohibition of
excessive bail
Amendment 1
 Congress shall make no law
respecting the establishment of
religion, or the free exercise thereof,
or abridging the freedom of speech,
or of the press, or the right of the
people to peaceably assemble, and
to petition government for a redress
of grievances.
First Amendment Rights
Freedom of Religion
 Establishment Clause
 “Congress shall make
no law respecting an
establishment of
religion….”
 Free Exercise Clause
 “…or prohibiting the
free exercise thereof.”
Establishment Clause

Framer’s Intent:
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No national church
No official religion
No government financial support
Supreme Court Interpretation:
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No government favoritism
Government neutrality
No government financial support
“Separation of church and state”
Lemon Test
Freedom of Religion:
What Constitutes “Establishment”?
Prayer in school
 Engel v. Vitale (1962)
 School District of
Abington Township,
Pennsylvania v.
Schempp (1963)
Freedom of Religion:
What Constitutes “Establishment”?
How does the Supreme Court
decide cases that involve
religion?
Lemon test standard developed in
the 1971 case Lemon v. Kurtzman.
The court must ask three questions:
Three-Part Lemon Test
 TO BE VALID, A LAW OR PROGRAM MUST:
 1. REFLECT A SECULAR LEGISLATIVE PURPOSE

2. NEITHER ADVANCE OR INHIBIT RELIGION

3. AVOID EXCESSIVE ENTANGLEMENT WITH
RELIGION

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
No SPONSORSHIP
No FINANCIAL SUPPORT
No ACTIVE INVOLVEMENT IN RELIGIOUS ACTIVITIES
Freedom of Religion:
No Establishment of Religion
Justice Hugo Black’s “Wall-ofSeparation” Doctrine (1947)
•Neither a state nor the Federal Government can set up a
church.
• Neither can pass laws which aid one religion, aid all
religions, or prefer one religion over another.
•Neither can force nor influence a person to go to or to remain
away from church…or force him to profess a belief or disbelief
in any religion…
•No tax in any amount, large or small, can be levied to support
any religious activities or institutions, whatever they may be
called, or whatever form they may adopt to teach or practice
religion.
Establishment Clause Cases
 Allowed

Voluntary prayer/public
schools
“Moment of silence laws”/p.s
 Voluntary Bible reading/p.s
 Bible reading—secular
course/p. schools
 Tax exemption for churches
 Tax $ for Christmas
decorations—if done correctly
 Prayers in Congress, state
legislature, city council, etc.
 Military chaplains
 Sunday closing laws
 Tax $ for texts, testing, busing
students to parochial schools
 State scholarships for religion
majors

 Not Allowed
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Organized prayer in public
schools
Organized Bible reading in
public schools
Required posting of 10
Commandments in public
schools
Banning of evolution
Required teaching of
creationism
“Equal time” laws
Tax $ used for nativity
scenes- depends on how
done
Free Exercise Clause

Framer’s Intent:



Freedom to believe
Freedom to worship
Supreme Court Interpretation:

Freedom of believe is absolute
  Freedom to worship is not absoluteit can be limited
 Why??
Freedom of Religion:
The Free Exercise Clause
Not all conduct carried
out in the name of
religion is permissible
A balancing of religious
freedom and valid
secular purposes
Beliefs
Practices
Protected absolutely
Not absolute
Governmental restrictions are
often upheld by the Court
when enacted for valid,
secular purposes
the “valid secular test.”
Free Exercise Clause Cases
 Protected
•Amish—No school after 8th
grade
•Jehovah Witnesses—No
saluting the flag
•Jehovah Witnesses—No blood
transfusions-adults
•Navajos---use of hallucinogenic
drug peyote
•Rastafarians—use of marijuana
•Santeria Church—sacrificing
chickens
•Quakers—exemption from draft
•Atheists—exemption from draft
•Muslims—head scarf & school
dress codes
 Not Protected
•Jehovah Witnesses—No
blood transfusions-child
•Mormons--polygamy
•Christian Scientists—
exemption from
vaccinations
•White Hippies-joining
Navajo faith to use peyote
•Muslims—Headscarf &
drivers license pictures
•Christian Cults-Snake
Handling
First Amendment Rights:
Freedom of Speech
 Not all types of speech are protected by
the 1st amendment

Laws must balance individual liberties versus
societal interests
 During World War I, federal government
prosecuted people for being critical of the
government.

Supreme Court upheld convictions

Espionage Act of 1917 & Sedition Act of 1918
Freedom of Speech
The Smith Act (1940)
•“It shall be unlawful for any person to
knowingly or willfully advocate, abet,
advise, or teach the duty, necessity,
desirability, or propriety of
overthrowing or destroying any
government in the United States by
force or violence, or by the
assassination of any officer of any such
government.”
•Subject to up to a $20,000 fine
and/or 20 years in prison
Four Types of Speech
(Different standards & rules)
 Political
 Pure
 Commercial
 Symbolic
Freedom of Speech
Justice Oliver Wendell Holmes’s “Clear
and Present Danger” Test for
Political Speech:
 Would permit prosecution only for
speeches and publications that actually
posed a tangible, immediate threat to
American society
Clear & Present Danger Rule
for Political Speech
 Government can punish or outlaw speech
only if it causes substantive evils so
immediate and imminent that no
opportunity for discussion exists.
 Government must prove speech presents
and immediate danger

Rioting, lawlessness, destruction of property
Courts & Free Speech Cases
 JUDGES CONSIDERS:
 WHAT WAS SAID

HOW IT WAS SAID

INTENT OF THE SPEAKER

WHERE WAS IT SAID
 JUDGE CONSIDERS CIRCUMSTANCES:
 HOW IS GOVERNMENT ATTEMPTING TO REGULATE
SPEECH

WHY IS GOVERNMENT ATTEMPTING TO REGULATE
SPEECH
Pure Speech
 “Over-the-backyard-fence” speech
 Speech between family, friends, and
neighbors
 Speech is non-political
 Courts: government has no business
regulating pure speech
Commercial Speech
 Must be truthful to be protected
  Captive Audience Rule

Government can restrict or regulate if aimed
at a captive audience (people who cannot
easily escape it)
Examples:
 bus riders
 students in classroom
Symbolic Speech
When people take an action designed to
communicate an idea
 Examples:
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Wearing a black armband to school
Wearing the peace sign or peace sign jewelry
Burning your draft card
Burning the American flag
Wearing a shirt or clothing with a political
message
Cross burning
Giving the finger
Symbolic Speech
Guidelines
 1. Must not disrupt a government program
 2. Must not interfere with the operation(s) of the
facility where it takes place

·
·
·
·
·
·
·
-Black armband worn to school
-Burning your draft card
- Wearing the peace sign
-Flying the US flag upside down
-Burning the American flag
-Wearing a t-shirt with an obscene word (“_uck the
Draft”) into the California state assembly
-Giving a policeman the finger
Freedom of Speech: Symbolic Speech
In 1965, Tinker wore a black armband to school in order to express
opposition to Vietnam War and was suspended
Supreme Court decided 7-2 that the school had violated her 1st
Amendment rights
Freedom of Press

I. All Written Material
  Newspapers
  Magazines/journals
  Brochures/pamphlets
  Fliers
  Books
  Fiction and Nonfiction
  Poetry

II. The Electronic Media
  Radio
  Television
  Movies/videos/dvds
  Music: records/tapes, cds
  Internet
Freedom of the Press
1931 Supreme Court case Near v.
Minnesota
The Supreme Court argues against the use of
advance censorship (no prior restraint rule) of
publications that criticize the government
Prior restraint: a governmental attempt to prevent
certain information or viewpoints from being
published
Freedom of Press & “No
Prior Restraint Rule”
 “No Prior Restraint Rule”
 No
advance government censorship
unless:
Causes “irreparable harm” to national
security
 Violates a defendant’s right to a fair trial
 Harms “vital national interests”

Protecting a Defendant’s
Right to a Fair Trial
 Trial judge can:
 Informally ask all lawyers & parties to refrain
from discussing certain aspects of the case
 Either party can ask for a change of venue


Sequester the jury


Move the trial to another location where there has
been less publicity about the trial & crime
Put jury up in hotel room & limit news and
communication with jurors for duration of trial
As a last resort: issue a “gag order”—
restricting what the media can report, publish
& broadcast
Freedom of the Press
1971 Supreme Court Case, New York Times
Company v. U.S. (Pentagon Papers case)
•
During the Vietnam war, Daniel Ellsberg, a Defense
Department analyst, leaked top-secret papers about the
war to the newspapers
•
The government tried to stop their publication on the
grounds that their publication would hurt national
security
•
Supreme Court ruled that the papers could be published
because the government did not prove “irreparable
harm”
Freedom of the Press, No Prior
Restraint, & Irreparable Harm
 A doctoral student wrote his dissertation on how
to build your own atomic bomb
 After graduation he sold it to a journal for
publication
 The Ford administration went to court to stop
publication
 The Ford administration lost because all
information used was already available on library
shelves available to the public
The Electronic Media
 1. TV
regulated by FCC
a voluntary industry ratings system
 2.
Radio
regulated by FCC
 3.
Movies
Can be seized for obscenity reasons
A quick judicial hearing (trial) must be provided
An industry rating system
 4.
Music
A rating system by the industry—parental advisory stickers
 5. Internet
Two federal laws (to protect children from porn) were
declared unconstitutional
Parental responsibility-use blocking software
Freedom of the Press:Movies
 Film censorship

Gradually films have
been protected

Still can be censored
by the government –
for obscenity reasons
Freedom of the Press:
Special Rights?
 Media claims for special rights
 Reporter’s
privilege to keep confidential
sources secret (to not reveal identity of
informants in court)
 Press Shield Laws
Freedom of Press:
What is Not Protected
 Libel
 Reporter’s confidential sources
(unless a shield law)
 Obscene Material (Pornography)
Obscenity and the Law
Changing Definitions
Roth v. United States (1957)
If the dominant theme appeals to the
“prurient interest” & is “utterly without
redeeming social importance.”
Fanny Hill case (1966)
If the dominant theme appeals to the
prurient interest” & is “utterly without
redeeming social value.”
Current Obscenity Standard:
The “Miller Test”
 Miller v. California (1973) guidelines:
1.
Whether the average person, “applying contemporary
community standards,” would find that the work, taken
as a whole, “appeals to prurient interests.”
2.
Whether the work depicts “in a patently offensive way”
sexual conduct defined & forbidden by state law.
3.
Whether the work as a whole “lacks serious literary,
artistic, political, or scientific value.”

Allowed more restrictions on pornography, especially in
more conservative, small-town & rural American
Freedom of Assembly
 Must be peaceful
 Need consent of
property owner
When can
restrictions
be put on freedom
of assembly?
Three permissible
restrictions on
assembly:
•
•
•
Time
Place
Management
Right To Petition Government for
a “Redress of Grievances”
 This protects the right of any person
(especially lobbyists and interest groups)
to communicate with government, contact
government, attempt to influence or visit
government officials, or lobby government
and government officials.
 Must be peaceful
Freedom of Association
(An Implied Right)
 This is the constitutional right to belong to any
organization, club, or group (no matter how
disgusting, unpopular, radical or extremist) of
your choice
 Government cannot ban or make groups illegal
 Protects rights of unpopular/extremist groups:




Communists
Nazis
Ku Klux Klan
Gay Liberation
Right to Demonstrate
(An Implied Right)
 Must be peaceful
 Need consent of
property owner
When can
restrictions
be put on right to
demonstrate?
Three permissible
restrictions on
right to
demonstrate:
•
•
•
Time
Place
Management
Five Types of Expression Not
Protected by the 1st Amendment
 Libel/slander
 Obscenity/pornography
 Fraudulent advertising
 “Fighting words”
– “Well defined & narrowly limited classes of speech
which by their very nature inflict injury or tend to incite
an immediate breach of peace.
 Sedition & Subversion
– “Speech & press encouraging the use of force in
violation of the laws, producing imminent lawless
action.”
Right to Privacy
The word “privacy” does not appear in the
Constitution
However, in 1965 (Griswold v. Conn.), the Supreme
Court determined that the right to privacy existed
as an “unstated element” in several rights in the
Bill of Rights
Amendment IX
“The enumeration in the constitution , of certain
rights, shall not be construed to deny or
disparage others retained by the people.”
Areas Protected by the
Right To Privacy
 An adult’s right to have access to birth control (Griswold v.
Conn.-1965)
 No wiretapping of phone without prior court order (Katz v.
U.S. – 1967)
 Right to possess pornography in your home--not child
pornography (Stanley v. Georgia – 1969)
 Woman’s right to an abortion (Roe v. Wade -1973)
 An adult’s right to engage in consensual sexual activities in
the privacy of the home (Texas v. Lawrence -2003)
Privacy, Abortion and the Constitution
Roe v. Wade (1973)
 A woman in Texas claimed she was raped and not
legally allowed by state law to have an abortion
 Brought the case to the Supreme Court
 The Court ruled 7 to 2 that the Texas law violated
her constitutional right to personal privacy
Roe v. Wade Trimester
Framework
 _________________________

0 Months 3 4 Months 6 7 Months
9

1st Trimester
2nd Trimester
3rd Trimester

No restrictions
Safety & Health
Regulations
States can still ban
any/all abortions
  = Viability
Chipping Away at Roe v. Wade
 Webster decision (1989): States may place
“reasonable restrictions” on abortion.
 Significance: Allows state to place more
restrictions on abortion & conservative judges
uphold more “reasonable restrictions”
 Problem: What are “reasonable restrictions”?
 Minors: Parental notification or permission laws
are permissible IF the law has a “judicial bypass”
provision
Privacy, Abortion, and the Constitution
 Recent changes in the
Court’s composition
have opened up the
possibility to the Roe
ruling eventually
being overturned
Abortion & Public Opinion:
The “Hot Button Issue”
Abortion: Do Americans Favor or
Oppose the Following Proposals?
Privacy & Sexual Conduct
 Lawrence v. Texas (2003)


Case was concerned with Texas statute that
criminalized sexual contact between two people of the
same gender
Reversed Bowers v. Hardwick (1986)
 Gay Marriage



Supreme court has not ruled on any cases
“Full Faith and Credit” constitutional provision requires
that marriage in one state is obligated to be recognized
by another
1996 Defense of Marriage Act—allows states to decide
whether to recognize same sex marriages legalized in
other states
The Right to Die
 Cruzan Case (1990)

  Established a constitutional right to die
  Based on the 14th Amendment’s “liberty” in the due
process clause:

“…(no) state shall deprive a person life, liberty, or
property without due process of law”
  For patient to choose to refuse or discontinue medical
treatment, patient must be:
 § Competent
 § Adult
  States may establish procedures to regulate this

Importance of living wills, directive to physician, durable power of
attorney
Rights of Criminal Defendants
 Amendments 4-8
&
 The Guarantee of the Writ
of Habeas Corpus (Article
I, Section 9)
Amendment IV
 “The right of the people to be secure in
their persons, houses, papers, and effects,
against unreasonable searches and
seizures, shall not be violated, and no
warrants shall issue, but upon probable
cause, supported by oath or affirmation &
particularly describing the place to be
searched, and the persons or things to be
seized.”
 The exclusionary rule (Weeks v. US – 1914)
 Applied to state courts in 1961 (Mapp v. Ohio)
Amendment V
No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a
presentment or indictment of a Grand Jury,
except in cases arising in the land or naval
forces, or in the Militia, when in actual service in
time of War or public danger; nor shall any
person be subject for the same offence to be
twice put in jeopardy of life or limb; nor shall be
compelled in any criminal case to be a witness
against himself, nor be deprived of life, liberty, or
property, without due process of law*; nor shall
private property be taken for public use, without
just compensation
*Miranda ruling
Amendment VI
 In all criminal prosecutions, the accused
shall enjoy the right to a speedy and
public trial, by an impartial jury of the
state and district wherein the crime shall
have been committed…and to be informed
of the nature and cause of the accusation;
to be confronted with the witnesses
against him, and to have compulsory
process for obtaining witnesses in his
favor, and to have the assistance of
counsel for his defense.
Amendment VII
 In suits of common law, where the
value in controversy shall exceed
twenty dollars, the right of trial by
jury, shall be otherwise re-examined
in any court of the United States,
than according to the rules of the
common law.
Amendment VIII
 Excessive bail shall not be
required, nor excessive fines
imposed, nor cruel and unusual
punishments inflicted.
No Cruel & Unusual
Punishment
 No barbarous, lingering, tortuous
punishment
 No disproportionate sentences
 No inhumane prison/jail conditions
 For the death penalty to be constitutional,
Supreme Court guidelines must be
followed
Capital Punishment
1
Can it be
considered
“cruel and
unusual”
punishment?
Supreme Court Guidelines for
Capital Punishment

Death penalty legal only if a life taken

No automatic death penalty

Two part process to be followed: guilt & punishment phases

Aggravating & mitigating factors must be presented at
punishment phase
 Aggravating leads to death penalty
 Mitigating leads to incarceration

Character & record of defendant must be considered

No execution of juveniles (under 18)

No execution of mentally retarded (IQ-59)
Capital Punishment
Summary: Rights of Suspects
 1. No unreasonable search x seizures (4)
– Exclusionary rule (4)
 2. No wire tapping or electronic eavesdropping
without prior court order (4)
 3. No self-incrimination or coerced confessions
(5)
– Right to remain silent (5)
 4. No coercion or torture during interrogation (No
3rd degree) (5)
 5. Required reading of Miranda rights (5 & 6)
 6. Arrest on warrant or sufficient cause (4)
Summary: Rights of the Accused

1.
Indictment by grand jury (5)
 2.
No excessive bail (8)
 3.
Trial by jury (6)
 (a) public trial
 (b) speedy trial
 (c) impartial jury
 4.
Right to counsel (6)
 5.
Double jeopardy (5)
 6.
Unanimous verdict- (Federal Criminal trials)
 7.
Right to confront witness
Summary: Rights of the
Guilty/Convicted
1. No excessive fines (8)
2. Right to appeal
3. No cruel & unusual punishment (8)
4. Right to writ of habeas corpus (Article I.
Section 9)
Writ of Habeas Corpus
 Right to writ of habeas corpus
(Article I. Section 9)
 If in custody, person can demand to
be taken before a judge and those
holding the suspect must justify the
detention of the suspect—otherwise,
judge orders suspect released
 Importance?
The Rights of the Accused
& The Rights of Victims
Amendment II: The Right to
Bear Arms
A well-regulated Militia, being necessary for the
security of a free State, the right of the people to
keep and bear Arms, shall not be infringed.
•
Prior to 2008, the Supreme Court has never treated the final
part of the amendment as a separate clause that provides
individual citizens with a right to own guns. They have
ruled it protects a collective right to own weapons as they
relate to the defense of the nation. A 2008 Supreme Court
decision recognized an individual right to possess a
weapon for self-defense.
•
The Second Amendment has never been incorporated.
Amendment III
 No Soldier shall, in time of peace be
quartered in any house, without the
consent of the Owner,nor in time of war,
but in a manner to be prescribed by law.
 Brought about by the British forcing the
American colonists to house British
soldiers in colonial homes without the
consent of the owner.
Amendment X
 The powers not delegated to the United
States by the Constitution, nor prohibited
by it to the States, are reserved to the
States respectively, or to the people.
 Defines state powers (reserved powers) as
those not given to the federal government
and not denied to the states.
 = a very broad, vague definition of state
(reserved) powers