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