civil liberties gov 30 fall 2010. section 1. all persons born or naturalized in the united states,...
TRANSCRIPT
Civil Liberties
GOV 30 Fall 2010
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor 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.
Fourteenth Amendment
Fourteenth Amendment (1868)
Two key provisions of the 14th Amendment 1. Civil Liberties Provision:
No state “may deprive any person of life, liberty or property, without due process of law.”
• Civil Rights Provision:
No state may “deny to any person . . . the equal protection of the laws.”
Procedural Due Process
Substantive Due Process
First Amendment
“Congress shall make no law….abridging the
freedom of speech, or of the press; or the
right of the people peaceably to assemble.”
“The Court has seldom lagged
far behind or forged far
ahead of America.”
“No person shall be …
deprived of life, liberty, or property,
without due process of law.”
-The Fifth Amendment
“Nor shall any State deprive any person of
life, liberty, or property,
without due process of law.”
-The Fourteenth Amendment
-First Amendment
“Congress shall make no law….
abridging the freedom of speech,
or of the press; or the right of the people
peaceably to assemble.”
Selective Incorporation
-Second Amendment
“The Right of the People
to keep and bear Arms
shall not be abridged.”
District of Columbia v. Heller (June 26, 2008)
Says that the 2nd Amendment protects the right to bear arms.
Does not specifically say it applies to all states, so there are some who still deny that incorporation has finally taken place.
Key Changes in the Rights of the Accused
Constitutional Provision: Search and Seizure
Amendment: 4th
Warren Court:Mapp v. Ohio, 1961
Must have valid search warrant, or evidence is excluded.
Limitation by Post-
Warren Court:
United States v. Leon, 1984
If officer believes warrant is valid, search OK.
Key Changes in the Rights of the Accused
Constitutional Provision: No self-incrimination
Amendment: 5th
Warren Court:Miranda v. Arizona, 1966
Must be read rights before questioning, or evidence excluded.
Limitation by Post-
Warren Court:
Harris v. New York, 1971
Evidence may be introduced if accused testifies in own defense.
Key Changes in the Rights of the Accused
Constitutional Provision: Impartial Jury
Amendment: 6th
Warren Court:Sheppard v. Maxwell, 1966
Excessive pre-trial publicity precludes fair trial
Limitation by Post-
Warren Court:Publicity OK if certain safeguards are
followed:
Procedural Safeguards
1. Postpone trial until publicity subsides.
2. Judge instructs jury to ignore outside information.
3. Jury sequestered.
4. Change trial venue
Key Changes in the Rights of the Accused
Constitutional Provision: Legal Counsel
Amendment: 6th
Extensions by Warren Court:
Gideon v. Wainwright, 1963
State provides public defender, if necessary.
Limitation by Post-
Warren Court:No Limitation
Clear and Present Danger
Schenck v. United States
“When we are dealing with the Caucasian
race we have methods that will test the
loyalty of them…..But when we deal with
the Japanese …we cannot form any
opinion that we believe to be sound.”
-Earl Warren, Future writer of the opinion
in Brown v. Board of Education
Chaplinsky v. New Hampshire
Fighting words
Absolutist doctrine
Congress can only pass laws that regulate the time, manner, and place in which
speeches may be given.
Fundamental freedoms
Flag Burning Case
R. A. V. vs. City of St. Paul
(1992)
Fighting words may be banned, but not just fighting words of a specific type.
Issue Ads at Election Time
Citizens United v. Federal Elections Commission, 2010
Mc Cain-Feingold 2002 banned issue ads spending outside campaign spending limits in the 60 days prior to general election or 30 days prior to primary election. Declared unconstitutional.
Commercial speech
Libel
Procedural Due Process
Substantive Due Process
“The enumeration in the Constitution,
of certain rights, shall not be construed
to deny or disparage others retained
by the people.”
-The Ninth Amendment
Lochner v. New York
Lochner Reasoning by Justice Holmes dissenting
“It is settled by various decisions of this
court that state constitutions and state laws
may regulate life in many ways...
A Constitution is not intended to embody a
particular economic theory...It is made for
people of fundamentally differing views.”
Griswold v. Connecticut
Roe v. Wade
“In Griswold v. Connecticut, the Court held a
Connecticut birth control law unconstitutional.
The Griswold decision can be rationally understood only
as holding that the Connecticut statute substantively
invaded the liberty that is protected by the Due Process
Clause of the 14th Amendment.
Several decisions of this court make clear that
freedom of personal choice in matters of marriage and
family life is one of the liberties protected by the Due
Process Clause….That right reasonably include the right
of a woman to decide whether or not to terminate her
pregnancy.”
-Justice Potter Stewart for the majority
“While the court’s opinion quotes from the dissent of Mr. Justice Holmes in Lochner v. New York, the result it reaches is more closely attuned to the
majority opinion... in that case.The decision here to break pregnancy into three
distinct terms and to outline the permissible restrictions the state may impose in each one partakes more of judicial legislation than it does of a determination of the intent of the drafters of the 14th Amendment.
The states have had restrictions on abortion for at least a century.”
-Justice William Rehnquist
Planned Parenthood of Southeastern Pennsylvania
v. Pennsylvania
O’Connor on Stare decisis
“Where…the Court decides a case in such a way as to resolve the sort of intensely divisive controversy reflected in Roe…the promise of constancy, once given, binds its maker for as long as the power to stand by the decision survives and the understanding of the issue has not changed so fundamentally as to render the commitment obsolete.”
-Justice Sandra Day O’Connor
Bowers v. Hardwick
Lawrence v. Texas (2003)
“Bowers was not correct when it was decided, and it is not correct today. It ought not to remain binding precedent.”
Justice Anthony Kennedy
“Nor shall any State deprive any person of
life, liberty, or property,
without due process of law.”
-The Fourteenth Amendment
“He who knows only his own side of the case, knows little of that.”
-John Stuart Mill
Percentage Opposed to Allowing Communists to Make a Speech
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