Civil LibertiesThe foundation of the American Government

The objectives of the framers:

-Limited Federal Powers

-Constitution: a list of “do’s”

- Bill of Rights: a list of specific “do nots” that apply only to the federal government, not the state governments

Civil liberties become a major issue for three

reasons:

-Rights in conflict

-Enflaming of passions by policy entrepreneurs

-The political culture of the United States

Rights in conflict:-Sheppard Case- free press vs. fair trial

-NY Times and Pentagon papers- common defense vs. free press

-KKK rallies- free speech vs. public order

Competing Rights- how do we know how to decide?

Policy Entreprenuers:

Individuals or groups trying to limit the liberties of another group or minority

-Sedition act- Federalists in fear of the of TJ and anarchy

-The Espionage and Sedition Acts of 1917-1918- Attorney General Mitchell Palmer

-Smith Act, Internal Security Act of 1950, and Communist Control act of 1954- Senator Joe McCarthy

Political Culture:

-America founded by white European Protestants therefore “Americanism” was equated with their values

-New immigration brought new cultures and conflicts about constitutionally protected freedomsEx. Jews and Muslims offended by Christmas holidaysEx. English speakers prefer mono-lingual schools

First Amendment:

-Freedom of Expression

-Freedom of Religion- establishment clause and free exercise clause

-Prior restraint

-Clear and present danger test

-Libel and slander

-Obscenity

Testing Restrictions on Expression

-preferred position

-prior restraint

-imminent danger

-neutrality

-clarity

-least restrictive means

Wall of Separation Principle:

Tests for Constitutionality:

Government involvement is legal if-

-It has a secular purpose

-its primary effect neither advances or inhibits religion

-it does not foster an excessive government entanglement with religion

Crime and Due Process

-4th through 8th Amendments deal with rights of the accused.

-14th Amendment applies due process to the states

-Exclusionary rule

-Miranda and good faith exception