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Civil Liberties

A m e r i c a n F e d e r a l G o v e r n m e n t. Civil Liberties. Proof you can get drunk with power. “The Constitution is what judges say it is.” ---Charles Evans Hughes, speech, Elmira, NY, May 3, 1907. Is there a difference?.

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Civil Liberties

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  1. AmericanFederalGovernment • Civil Liberties

  2. Proof you can get drunk with power “The Constitution is what judges say it is.” ---Charles Evans Hughes, speech, Elmira, NY, May 3, 1907

  3. Is there a difference? • Civil liberties and civil rights are NOT synonymous • Definition: Civil liberties: freedom from government intrusion; protections from government action against you • Example: Bill of Rights in the Constitution Civil rights: government action on your behalf; a desire for government to take certain actions for you • Example: Affirmative action

  4. Court cases…yuck! • Challenges to Fundamental Liberties • Alien and Sedition Acts (1798) • Barron v. Baltimore (1833) • Dred Scott v. Sanford (1857) • Espionage Acts of 1918 • The “Red Scare” & McCarthyism (1950s) • Vietnam War & riot legislation

  5. More cases…Go “bleep” yourself • Issues of Free Speech: How Do We Interpret the Guarantees of the 1st Amendment? • Gitlow v. New York (1925) • “Clear and present danger” • Symbolic speech • Abortion clinic protests • Texas v. Johnson (1989)

  6. Just let them write and stop with the cases • Freedom of the Press • Near v. Minnesota (1931) • Issue of “prior restraint” • New York Times Co. v. United States (1971) • The “Pentagon Papers” • Obscenity • Miller v. California (1973) • Communications Decency Act of 1996; Reno v. ACLU (1997)

  7. I worship Supreme Court Cases • Freedom of Religion • Lemon v. Kurtzman (1971) • The Lemon Test • School Prayer • Engle v. Vitale (1962)

  8. 3 more slides with court cases • Evolution of Individual Liberties Under the Constitution • The “Right to Privacy” & Abortion • Roe v. Wade (1973) • Griswold v. Connecticut (1965) • Webster v. Reproductive Health Services (1989) • Planned Parenthood v. Casey (1992)

  9. 2 more slides…can you feel the excitement? • Evolution of Individual Liberties Under the Constitution • The Rights of the Accused • Gideon v. Wainwright (1963) • Miranda v. Arizona (1966) • Mapp v. Ohio (1961)

  10. Last slide with cases…YES!!! • Evolution of Individual Liberties Under the Constitution • The Controversy over the Death Penalty • Cruel and unusual punishment? • Furman v. Georgia (1972) • Gregg v. Georgia (1976)

  11. Now you’re ready for Law School • Evolution of Individual Liberties Under the Constitution • How well have Supreme Court decisions followed public opinion (or vice versa)?

  12. Say what you want • The First Amendment Goes Too Far

  13. But no burning flags • Constitutional Amendment to Prevent Flag Burning

  14. People outside of TX believe in the death penalty too • Death Penalty

  15. Disconnect between attitudes and policy • Firearms Laws

  16. Wait, most Americans agree on abortion? • Abortion: Legal Under Which Circumstances?

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