Civil Liberties

1
Civil Liberties

• The Bill of Rights

2
The Development of the Constitution

• The states as sovereigns.
• The confederation.
• The more perfect union.
• The struggle over ratification.
• The compromise a bill of rights.
• The Courts view that the Bill of Rights limits
  only the federal governmentBarron vs. Baltimore
  (1833)

3
The Fourteenth Amendment (1868)

• One of three Civil War amendments.
• All persons born or naturalized as citizens of
  the United States are citizens of..
• National Citizenship.
• Privileges and immunities
• Due process of law..
• Ignored or underplayed by the Court for decades.

4
Selective Incorporation

• Gitlow v. New York (1925)
• New York anarchy law..the 1st and 14th
  amendmentsFree Speech.
• Near v. Minnesota (1931)
• Free Press1st and14th amendments.

5
Establishment Clause

• Jeffersons letter... Wall of Separation.
• Engel v. Vitale (1962)..school prayer. A 22
  word nondenominational prayer ruled
  unconstitutional in a school district.
• Lemon Test Lemon v. Kurtzman (1971) To be
  constitutional a law must
• Have a secular purpose
• Have a primary effect that neither advances nor
  prohibits religion.
• Not foster excessive government entanglement with
  religion.

6
The Free Exercise Clause

• Some practices have been denied constitutional
  protection..
• Snake handling
• Use of illegal drugs
• Polygamy

7
Anti-Government Speech

• In Schenck v. U.S (1919) the Court upheld a 1917
  conviction for violation of the Espionage
  Act..in this case distributing leaflets
  opposing the draft..because of a clear and
  present danger.

8
The First Amendment and Obscenity

• Miller v. California (1973)
• LAPS testmaterial may be obscene if it depicts
  patently offensive sexual conduct lacking
  serious LITERARY, ARTISTIC, POLITICAL, or
  SCIENTIFIC value.
• Justice Potter Stewart on obscenity
• I know it when I see it.

9
The Second Amendment

• Defines Selective Incorporation.
• The Court has avoided second amendment cases
  since 1939 when it upheld a tax on sawed-off
  shotguns and automatic weapons in U.S. v. Miller.

10
The Fourth Amendment

• The exclusionary ruleWeeks v. U.S.
  (1914)..extended to the states in.
• Mapp v. Ohio (1961)
• Exigent Circumstances
• Later modifications
• Inevitable Discovery Exception
• Good Faith Exception

11
Search and Seizure ---Privacy

• Bowers v. Hardwick (1986)
• Lawrence v. Texas (2003)

12
Fifth Amendment

• Grand Jury
• Double Jeopardy
• Palko v. Connecticut (1937)
• Compelled testimony.self-incrimination.
• Together with the Sixth Am. guarantee of a right
  to council leads to Miranda v. Arizona (1966).

13
Sixth Amendment

• Right to council.Gideon v. Wainwright
• (1963).
• Confrontation Clause
• Speedy trial

14
Article VII Trial by jury

• Sentencing guidelines.

15
Eighth Amendment Cruel and Unusual Punishment

• Furman v. Georgia (1972)
• Gregg v. Georgia (1976)

16
Ninth Amendment

• Privacy right in part rests on the Ninth.
• .......rights not listed.may exist.

17
Tenth Amendment

• The Reservation Clause
• Fading significance ????
• Victim of the Federal Income Tax ????