October 5, 2015 Ronald Reagan - PowerPoint Presentation

October 5, 2015 Ronald ReaganGeorge Bush IWilliam Jefferson ClintonGeorge W. Bush IIBarack ObamaDonald TrumpThese men have been President during your lifetime. Which of the above was the best President? Why?Among all presidents who was the best? Why?Is it time for a Woman President?Is it time for someone other than a Dem or Rep?

Civil LibertiesWhat are they?Where are they found?

Civil Liberties Are protections given to individuals against action of the government. Usually the protections are written in a Constitution.

Civil Liberties American civil liberties are set down in the Bill of Rights, as the first ten amendments are known.

Civil Liberties They include freedoms of: religion speech & press assembly petition

Civil Liberties They also include protections: against arbitrary searches unfair trials cruel punishments

Civil Liberties Interpreting what these rights mean is not easy. The job of doing that in the U.S. falls to the Supreme Court.

Civil Liberties For example, the court has decided that one’s right to free speech does not include the right to yell “fire” in a crowded theater.

Civil Liberties In the end, interpreting the meaning of American civil liberties is a complicated balancing act between the needs of society and that of the individual.

What then are Civil Rights? Civil Rights refers to the positive acts governments take to protect against arbitrary or discriminatory treatment by government or individuals.

What is the Police power of the state?

To promote health: States can limit the sale of alcohol and tobacco, make laws to combat pollution, and require vaccination of school children.To promote safety:States can forbid concealed weapons, require the use of seatbelts, and punish drunk drivers.To promote morals:States can outlaw gambling, the sale of obscene goods, and prostitution.To promote the general welfare:States can enact compulsory education laws, provide to the needy, and limit profits of utilities. The Police Power The police power is the authority of each State to act to safeguard the well-being of its people

The 5th Amendment provides that: “no person … shall be deprived of life, liberty, or property without due process of law…”Equal protection under Federal Law.The 14th Amendment extends that restriction to State and local governments: “No state shall … deprive any person of life, liberty, or property, without due process of law…”Equal protection under State and Local Law.The 5th and 14th Amendments

Due process means that the government must act fairly and in accord with established rules at all times.Due process is broken down into two branches:Substantive due process—the fairness of the laws themselvesProcedural due process—the fairness of the procedures used to enforce the laws Due Process

The First Constitutional Amendments: The Bill of Rights 1787 – Most state constitutions explicitly protected a variety of personal libertiesSpeech, religion, freedom from unreasonable search and seizure, trial by juryNew Constitution shifted power to the national governmentWould the national government uphold these liberties?Anti-Federalists voiced this concern

The First Constitutional Amendments: The Bill of Rights Bill of Rights addition defeated unanimously at the constitutional conventionFederalists argued that a bill of right was unnecessary.Already included by statesFoolhardy to list things that the national government had NO power to do Some Federalists supported the idea; most did notJames Madison did not until politics intervenedHe sought House seat in a district that was largely Anti-Federalist in nature.Made good on his promise

The First Constitutional Amendments: The Bill of Rights Bill of Rights1789 Congress sent proposed Bill of Rights to the states for ratification, which occurred in 1791The first twelve amendments to the Constitution contain numerous specific guarantees*Free speech, press and religionHighlight Anti-Federalist fearsNinth Amendment“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”Tenth AmendmentReiterates that powers not delegated to the national government are reserved to the states or to the people.*12 proposed, 1 defeated, 1 ignored, 10 ratified

Bill of Rights Amendment ICongress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. Amendment IIA 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. Amendment IIINo soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

Bill of Rights Amendment IVThe right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Amendment VNo person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Bill of Rights Amendment VIIn all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. Amendment VIIIn suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law. Amendment VIIIExcessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Bill of Rights Amendment IXThe enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Amendment XThe powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

The Incorporation Doctrine: The Bill of Rights Made Applicable to the States Bill of Rights intended to limit powers of the national governmentBarron v. Baltimore (1833)Court ruled that the national Bill of Rights limited only the actions of the U.S. government and not those of the states.But decision suggested the possibility that some or all of the protections might be interpreted to prevent state infringement of those rights.

The Incorporation Doctrine: The Bill of Rights Made Applicable to the States 14th AmendmentDue process clauseOver the years this clause has been construed to guarantee to individuals a variety of rightsEx post Facto – Cant make a law after the factBill of Attainder – cant make law to punish without due processSubstantive due processJudicial interpretation of the Fifth and Fourteenth Amendments’ due process clause that protects citizens from arbitrary or unjust lawsProcedural due processProcedures used to enforce laws must always be fair

Due Process 5th Amendment nor be deprived of life, liberty, or property, without due process of law 14th Amendmentnor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

The Incorporation Doctrine: The Bill of Rights Made Applicable to the States Incorporation DoctrineAn interpretation of the Constitution that holds that the due process clause of the Fourteenth Amendment requires that state and local governments also guarantee those rights.Gitlow v. New York (1925)Near v. Minnesota (1931)Selective IncorporationA judicial doctrine whereby most but not all of the protections found in the Bill of Rights are made applicable to the states via the Fourteenth Amendment.Palko v. Connecticut (1937)Fundamental FreedomsThose right defined by the Court to be essential to order, liberty and justice.

Selective Incorporation of the Bill of Rights

First Amendment Guarantees: Freedom of Religion Framers did not support a national church or religion.Article VIProvides that “no religious Test shall ever be required as a Qualification to any Office or Public Trust under the United States.”First AmendmentPart of the Bill of Rights that imposes a number of restrictions on the federal government with respect to the civil liberties of the people, including freedom of religion, speech, press, assembly, and petition.

First Amendment Guarantees: Freedom of Religion Establishment ClauseThe first clause in the First AmendmentProhibits the national government from establishing a national religionEngel v. Vitale (1962)Lemon v. Kurtzman (1971_The Lemon TestAgnostini v. Felton (1997)Zelman v Simmons-Harris (2002)

First Amendment Guarantees: Freedom of Religion Free Exercise ClauseThe second clause of the First AmendmentProhibits the U.S. government from interfering with a citizen’s right to practice his or her religion

First Amendment Guarantees: Freedom of Speech and Press Democracy depends on a free exchange of ideas.Volatile area of constitutional interpretationAlien and Sedition Acts1790’s law against the defamation of the USAPrior restraint: Constitutional doctrine that prevents the government from prohibiting speech or publication before the fact; generally held to be in violation of the First Amendment

First Amendment Guarantees: Freedom of Speech and Press Civil WarLincoln suspended the free press provision of the First AmendmentOrdered the arrest of the editors of two New York papers who were critical of himNewspaper editor jailed by a military court without having any charges brought against him.Appealed to the Supreme Court.Congress enacted legislation prohibiting the Court from issuing a judgment in any cases involving convictions for publishing statements critical of the U.S.Article II gives Congress power to determine the jurisdiction of the Court.

First Amendment Guarantees: Freedom of Speech and Press WWIAnti-governmental speechClear and Present Danger TestTest articulated by the Supreme Court in Schenck v. U.S. (1919) to draw the line between protected and unprotected speech.The Court looks to see “whether the words used” could “create a clear and present danger that they will bring about substantive evils” that Congress seeks “to prevent.”Anti-war leaflets okay during peace, but not permissible during war – too dangerous.But what constituted a danger?Direct Incitement TestA test articulated by the Supreme Court in Brandenburg v. Ohio (1969) that holds that advocacy of illegal action is protected by the First Amendment unless imminent lawless action is intended and likely to occur.

First Amendment Guarantees: Freedom of Speech and Press Protected Speech and PublicationsPrior RestraintCourt has made it clear that it will not tolerate prior restraint of speechNew York Times Co. v. Sullivan (1971)Pentagon Papers caseSupreme Court ruled that the U.S. government could not block the publication of secret Department of Defense documents illegally furnished to the Times by anti-war activists.Nebraska Press Association v. Stuart (1976)Court ruled in favor of press’s right to cover trial.

First Amendment Guarantees: Freedom of Speech and Press Symbolic SpeechSymbols, signs, and other methods of expression generally also considered to be protected by the First AmendmentStromberg v. California (1931)Upheld flying of red flag (symbol of opposition to U.S. government)Tinker v. Des Moines Independent Community District School (1969)Court upheld wearing of black armbands as protest against Viet Nam War

First Amendment Guarantees: Hate Speech, Unpopular Speech, Speech Zones Two-thirds of colleges and universities have banned a variety of forms of speech or conduct that creates or fosters an intimidating, hostile or offensive environment on campus.Some have created free speech zonesThese restrict the time, place or manner of speech.Implication that speech can be limited on other parts of campus.

Second Amendment Right Controversy between gun control advocates and gun use advocatesGun control advocates believe amendment supports only right to maintain collective militiasGun rights advocates assert amendment protects right of individuals to own and use gunsDistrict of Columbia v. HellerMcDonald v ChicagoCourt refuses to hear other cases on guns since 201036The right to bear arms

The Rights of Criminal Defendants Due process rightsProcedural guarantees provided by the Fourth, Fifth, Sixth and Eighth Amendments for those accused of crimes.Warren Court made several provisions of the Bill of Rights dealing with the liberties of criminal defendants (those charged but not yet tried) applicable to the states through the Fourteenth Amendment.

Fourth Amendment “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Fourth Amendment Over the years, the Court has interpreted the Fourth Amendment to allow the police to search:The person arrestedThings in plain view of the accused personPlaces or things that the arrested person could also touch or reach or are otherwise in the arrestee’s immediate control.Court has ruled that police must knock and announce their presence before entering a home or apartment to execute a search.2001 ruling on thermal imaging drug evidence (without a warrant) was violation of Fourth Amendment.Drug testing difficult search and seizure issue.Chandler v. Miller (1997)

Fifth Amendment Imposes a number of restrictions on the federal government with respect to the rights of persons suspected of committing a crime.Miranda v. Arizona (1966)Miranda rightsProvides for indictment by a grand jury and protection against self-incrimination.Prevents the national government from denying a person life, liberty, or property without the due process of law.It also prevents the national government from taking property without fair compensation.

Fourth and Fifth Amendments and the Exclusionary Rule Judicially created rule that prohibits policy from using illegally seized evidence at trial.Weeks v. U.S. (1914)Court reasoned that allowing police and prosecutors to use a tainted search would only encourage that activity.Mapp v. Ohio (1961)Warren Court ruled that “all evidence obtained by searches and seizures in violation of the Constitution, is inadmissible in a state court.”

Sixth Amendment and the Right to Counsel Sets out the basic requirements of procedural due process for federal courts to follow in criminal trials.These include speedy and public trials, impartial juries, trials in the state where the crime was committed, notice of the charges, the right to confront and obtain favorable witnesses, and the right to counsel.Gideon v. Wainwright (1936)

The Sixth Amendment and Jury Trials Provides that a person accused of a crime shall enjoy the right to a speedy and public trial by an impartial jury.It also provides defendants the right to confront witnesses against them.Supreme Court has held that jury trials must be available if a prison sentence of six or more months is possible.Impartiality of juryBoston v. Kentucky (1986)Right to confront witnessesMaryland v. Craig (1990)

The Eighth Amendment and Cruel and Unusual Punishment Part of the Bill of Rights that states: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”Furman v. Georgia (1972)Court ended capital punishmentImposed in an arbitrary manner Gregg v. Georgia (1976)Reaction to rewriting of state laws on death penalty.Death penalty statute found to be constitutionalMcClesky cases (1987 and 1991)

Right to Privacy The right to be let alone.A judicially created doctrine encompassing an individual’s decision to use birth control to secure an abortion.Birth ControlGriswold v. Connecticut (1965AbortionRoe v. Wade (1973)Court found a woman’s right to an abortion was protected by the right to privacy that could be implied from specific guarantees found in the Bill of Rights applied to the states through the Fourteenth Amendment.Webster v. Reproductive Health Services (1989)Planned Parenthood of S.E. Pennsylvania v. Casey (1992)Stenberg v. Carhart (2000)HomosexualityLawrence v. Texas (2003)State sodomy laws found unconstitutional.

The Right to Die 1990 Court ruled in a 5-4 decision that parents could not withdraw a feeding tube from their comatose daughter after her doctors testified that she could live for many more years if the tube remained in place.Rehnquist rejected any attempts to expand the right to privacy in to this area.

The Right to Die Court did note that individuals could terminate medical treatment if they were able to express, or had done so in writing via a living will, their desire to have medical treatment terminated in the event they became incompetent.1997 Court ruled unanimously that terminally ill persons do NOT have a constitutional right to physician assisted suicide.Oregon voters approved a right to die law in 2001.Attorney General issued legal opinion that this was not acceptable.State and national conflict.Federal judge ruled that Ashcroft, then Attorney General, had overstepped his authority.