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Civil Liberties and The Bill of Rights

Explore the importance of the Bill of Rights and the incorporation doctrine, controversies surrounding freedom of religion, speech, and the press, the right to bear arms, right to privacy, due process, and the Eighth Amendment.

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Civil Liberties and The Bill of Rights

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  1. Civil Liberties and The Bill of Rights

  2. Bill Of Rights • Create a title for each Amendments 1-10 • Rank the amendments in importance from 1-10. Write a short explanation of why you chose your top three.

  3. I. Liberties V. Rights • Civil Liberties- the personal rights and freedoms that government can not take away.(protection from gov’t) • CivilRights- equal protection and opportunity for all.

  4. I. Liberties V. Rights • Civil Liberties- the personal rights and freedoms that government can not take away.(protection from gov’t) • CivilRights- equal protection and opportunity for all.

  5. II. Bill of Rights A. In Barron v. Baltimore the Supreme Court ruled that the limitations in the Bill of Rights only applied to the federal government.

  6. III. Incorporation Doctrine • The 14th amendment • Equal Protection Clause- All citizens must be treated the same under the law (civil rights) • Due Process Clause- Due Process is required by states also (civil liberties)

  7. Gitlow V. New York(1925) • The Supreme Court ruled that states can not violate freedom of speech. • Most of the provisions of the Bill of Rights were incorporated under the Warren Court. • Created the precedent that the courts can apply protections in the Bill of Rights to the States.

  8. Incorporation Doctrine

  9. IV. Freedom of Religion • Establishment Clause: no government sponsorship of religion • Free exercise Clause: government can’t interferer in your religious beliefs C. How has this been controversial in modern times.

  10. Describe selective incorporation and the precedent established by Gitlow v. New York. • Would each of the following scenarios be more closely associated with the Establishment or Free Exercise Clause. A) A city council meeting opens up with a religious prayer B) Tax payer dollars go to religious schools. C) The government requires employers to provide health insurance that covers birth control. D) Public schools teach creationism

  11. C. The Lemmon TestLemmon v. Kurtzman(1971) • Legislation must be • Secular, not religious • Its primary effect must neither advance nor inhibit religion • It must avoid an “excessive entanglement of government with religion.”

  12. Discussion • Should freedom of speech protections be unlimited? If not what should the limits be. • Does the first Amendment also protect symbolic speech? • Are political donations a form of free speech that should be protected by the first Amendment?

  13. V. Freedom of Speech and the Press • Shenck V. US (1919)- Speech that creates a clear and present dangeris not protected by the 1st amendment. • Texas V. Johnson(1989)- Flag burning is a form of free speech and protected by the 1st amendment

  14. C. Buckley v. Vallejo: Political spending protected by free speech D. McConnell v. FEC (2003) -Bans on soft money and restrictions placed on television advertising did not violate freedom of speech E. Citizens United V. FEC (2010) - Overturned the above case and ruled that corporate funding of political advertisements are protected by the 1st amendment.

  15. http://www.cc.com/video-clips/a12zva/the-daily-show-with-jon-stewart-floyd-abramshttp://www.cc.com/video-clips/a12zva/the-daily-show-with-jon-stewart-floyd-abrams

  16. VI. 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. • D.C. V. Heller- Struck down a Washington DC gun control law that banned hand guns and required legal guns to be unloaded • McDonald V. Chicago-Incorporated the 2nd amendment to apply to states

  17. VII. Right to privacy • Mapp V. Ohio (1961) incorporated the 4th amendment and determined that police may only obtain evidence through a legal search warrant. • Privacy is not specifically mentioned but the Court determined that it is one of the rights protected by the 9th Amendment. 1. Abortion is guaranteed by the Ninth Amendment.

  18. VIII. Right to due Process (5th Amendment rights) A) A series of steps that protect the rights of the accused at every step of the investigation and limit how government power may be exercised.

  19. Habeas Corpus- Article 1, Section 9 of the Constitution directs the police to show cause of why a person is being held. • A Speedy Trial- No more than 100 days after arrest • Right to a an attorney • Double Jeopardy- you cannot be tried twice for the same crime. • Protection from Self-Incrimination

  20. 2) Key Court Cases • Gideon v. Wainright -the accused have the right to an attorney, even if they cannot afford one. B) Miranda v. Arizona -Established the Miranda Rights: right to remain silent and to an attorney New York v. Quarles- “public safety” exception

  21. IX. Eight Amendment “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted”. • Gregg v. Georgia -Death penalty is not cruel and unusual.

  22. http://thedailyshow.cc.com/videos/iiculo/weak-constitution

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