PROTECTING CIVIL LIBERTIES WILSON 5B CHURCH AND STATE • First Amendment • Religion • Free-exercise clause • Establishment cause • Speech • Press • Assembly • Petition FREE-EXERCISE CLAUSE • • • • • • Clear meaning No state interference Similar to speech No laws to burden practice Not allowed to break the law Differences • Conscientious objection • Work, school requirements ESTABLISHMENT CLAUSE • Ambiguous phrasing • Not applicable to states • Court interpretations • Neutrality • Public schools • Parochial schools • Lemon Test • Secular purpose • Primary effect neither advances nor religion • No excessive entanglement with religion “WALL OF SEPARATION” • Not found in Constitution • Jefferson letter • Danbury Baptist Church • “Wall of Separation” CRIME AND DUE PROCESS • Amendments 4-8 • Search and seizure (fourth) • Punish officers for illegal evidence (world) • Dismiss illegally obtained evidence (US) • Self-incrimination (fifth) • Exclusionary rule • Terrorism EXCLUSIONARY RULE • Challenge evidence in the courtroom • Illegally gathered cannot be used in trial • Relaxing rule • • • • • • Any evidence is admissible Too technical to stop misconduct Limited coverage Good-faith exceptions Consideration of public safety Inevitability SEARCH AND SEIZURE • • • • • • • With a properly obtained search warrant Incident to an arrest Person being arrested Things in plain sight Things or places under immediate control Cars, teenagers more latitude Expectation of privacy SELF-INCRIMINATION • Prevent torture or coercion • Protect people who are unaware of rights • • • • Miranda Rule Confession in while in jail Public safety Modern awareness TERRORISM AND CIVIL LIBERTIES • Patriot Act • • • • • • • Tap phones of suspects Court orders to tap internet and voicemail Share information Holding of non-citizens Track money Eliminate statute of limitations Increase penalties TERRORISM AND CIVIL LIBERTIES • Executive Order • Non-citizens use military court • • • • • Commission of officers 2/3 vote of commission Appeal to secretary of defense or president “unlawful combatants” American citizens working with enemy • Set to expire in 2005 (2011) • List of provisions of police powers • Key players in design and renewal • Successes of act EXTENSION ACTIVITIES • • • • • BRI Court Case DBQs Resource Manual page 49 Rights of Accused powerpoint BRI audio tapes/workbook Woll pages 93-163