Essay Prompt:
• "For what reasons, and in what ways, was the
United States Constitution of 1787 a “bundle
of compromises”?"
Civil Liberties
The Basis for Any
Democracy
What Are Civil Liberties?
• Civil Liberties:
– Basic rights and freedoms that are guaranteed -either in the Bill of Rights/Constitution, or interpreted
in Courts
• Free Speech, Free Press, Free from Search & Seizure, etc.
• Civil Rights:
– Basic right to be free from unequal treatment based
on certain protected characteristics (race, gender,
disability)
• What right’s affected? v. Whose rights affected?
Bill of Rights:
Civil Liberties Amendments
• 1st Amendment:
– Freedom of Religion, Speech, Press, Petition, Assemble
• Establishment Clause:
– Congress shall make no law endorsing/ estbl. a religion
– Estbl. Separation of Church & State…How closely have we followed
this?
• Free Exercise Clause
– Prevents infringement on people’s right to believe in whatever religion
they choose (some religious practices can be restricted however…)
– Limits on Free Speech
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Clear & Present Danger Doctrine (Schenck v. U.S.)
Obscenity (Roth v. U.S.)
Libel/Slander (written/spoken defamation)
Commercial Speech Regulated by FTC/FCC
Bill of Rights:
Civil Liberties Amendments
• 2nd Amendment:
– 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.”
• 3rd Amendment:
– Prohibits Quartering of Troops
Bill of Rights:
Civil Liberties Amendments
• Amendments 4-8
– 4th: Protection against illegal search & seizure
• Probable Cause/Warrant
• Exclusionary Rule (Mapp v. Ohio)
– Evidence gathered thru illegal search & seizure can’t be
submitted in court of law
– Deterrent to unlawful police action
– 4th Amendment Under Attack
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Terry Frisk
Pretext Stops
Drug Courier Profiles
“Consent Searches”
Patriot Act
Bill of Rights:
Civil Liberties Amendments
– 5th: Right to grand jury, no double jeopardy, can’t be
forced to testify against self, due process
• http://www.comedycentral.com/videoclips/3vk26x/chappelle-s-show-tron-carter-s-law---order
– 6th: Speedy/public trial w/ impartial jury; Right to
Confront witnesses; Right to counsel; prevents
suspension of habeas corpus
– 7th: Jury trial in civil cases
– 8th: Free from excessive bail; cruel & unusual
punishment
– Upheld by Gregg v. Georgia
Bill of Rights:
Civil Liberties Amendments
• 9th Amendment:
– Protects rights of the people that are not specifically
enumerated in the Constitution
– i.e. Right to Privacy
• 10th Amendment…
• Outlining Federalism/“Reserved Powers”
• Any power not given to the federal government…nor denied to
the states…are reserved for the states
• 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 person of life, liberty or property without due
process of law; nor deny any person within its jurisdiction equal
protection of laws”
– Incorporation
“INJUSTICE ANYWHERE, IS A THREAT
TO JUSTICE EVERYWHERE!” MLK JR.
Criminal Process
1. Evidence Gathered:
– 4th Amendment—forbids unreasonable search &
seizure (exclusionary rule)
2. Suspicion Cast/Arrest Made
– 6th Guarantee habeas corpus—forbids
imprisonment without evidence
– 5th Amendment—Right to remain silent; due
process
“INJUSTICE ANYWHERE, IS A THREAT
TO JUSTICE EVERYWHERE!” MLK JR.
• Interrogation Held:
• 5th Amendment: Forced self-incrimination forbidden
• 6th Amendment: Right to Counsel
• 8th Amendment: Excessive bail forbidden
• Trial Held:
• 4th Amendment: Exclusionary Rule (Mapp v. Ohio)
• 5th Amendment: No “Double Jeopardy”
• 6th Amendment: “Speedy & Public Trial” by an impartial
jury ; Right to confront witnesses; Right to counsel
• Punishment Imposed:
• 8th Amendment: Protection from Cruel & Unusual
Punishment
What is Federalism?
• System of government which is divided into
levels…central/national government and
regional governments (aka states)…and where
power is divided (as well as shared in some
areas)
• How does this differ from Unitary &
Confederate Governments?
Colbert--If At First You Don't Secede
States: Reserved Powers
• 10th Amendment: “Those powers not delegated to
the federal government, nor prohibited to the states,
are reserved for the states.” (AKA Reserved Powers)
• State Obligations to Each Other:
– Full Faith & Credit Clause; Extradition
• Pros
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Why Federalism?
Check Government Power/Protect Personal Liberty
Power Concentrated in Single entity → Tyranny
Under A.o.C. → Nat’l Govt Too Dependent on States
Provide Balance between Nat’l & State Govt.
STATES = TESTING GROUNDS
Large Countries; Diverse Regions
Allows for local action—local concerns
More access points/ways to participate
• Cons
– Can be inefficient
– Failure to implement at the state level
– Conflicts can arise between state and federal government…