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Chapter 14. 1 Protecting Individual Rights • As we know by now, the Bill of Rights protects our individual freedoms! • However, how exactly does our government protect our freedoms?
Due Process • Due process – A governments duty to follow fair procedures set by law when carrying out government functions. – 2 Types of Due Process • Procedural due process » Government must apply a law fairly and according to that law and its rules. • Substantive due process » Government must ask if the law that must be applied is fair to the citizen.
Why do we have due process protection? • 5 th Amendment of U. S. Constitution – “No person shall be deprived of…life, liberty, or property without due process of law. – Does anything else in the Constitution protect us concerning due process?
Gitlow vs. New York • S. Ct ruled that though Mr. Gitlow published articles against the government, the 14 th Amendment should have applied to his newspaper company – No state has right to take away life, liberty, or property without due process.
So why do we have due process? • To limit the government’s police power – It’s authority to enforce laws ‘to protect’ the public. – What, you can’t trust police?
Security at Home Mapp vs. Ohio • 4 th Amendment – Protects citizens against illegal search and seizures • What does this mean? – Police can not search your house without search warrant • Document signed by judge that allows police to search private property. – NEED PROBABLE CAUSE!!
Mapp vs. Ohio • Even though Ms. Mapp had “obscene materials” that were illegal, – They were obtained illegally by police without search warrant. • Exclusionary rule – Evidence that can’t be used against you in court if obtained without a warrant.
What about gun rights? • U. S. Constitution – 2 nd Amendment • “…the right of the people to keep and bear arms shall not be infringed. ” • Ohio Constitution – 18 -20 year olds • Can own rifles and shotguns – 21 and older • Can own any guns including hand guns.
What can’t I do with a gun in Ohio? • Carry and Conceal License – Only offered under specific guidelines. – Has limitations as to where you can take your gun. • Also limits whether or not you can have it loaded.
Security and Private Communication • Can your phone be listened in on? – 1967 • S. Ct says NO!!! It is illegal! – Dealing with anti government rallies because of Vietnam – 2001 • S. Ct says yes!!! It is legal! – Dealing with 9/11 (PATRIOT ACT)
Right to privacy? • U. S. Constitution does not really say anything about personal privacy. • What does the S. Ct say? – Roe vs. Wade • S. Ct ruled that women have the right “of privacy” over their bodies in consideration of pregnancy until 3 d trimester (around 6 months). – Other than that, the S. Ct hasn’t said much else….
In the military…. • What about “Don’t ask, don’t tell? ” – So far, the ruling by the UCMJ is that you can not be openly gay in the military. • Considered “a hazardous distraction to the overall objective” – UCMJ • Universal Code of Military Justice – Court system of the military.
Is it costing us to have gays in the military?
So, as a review…. • 1 st Amendment – Freedom of • • • Speech Press Assembly Religion Petition • 2 nd Amendment – Right to bear arms • 4 th Amendment – Illegal search and seizure • 5 th Amendment – Due process guaranteed at federal level. • 14 th Amendment – Due process guaranteed at state level.
Good ol’ homework…. • Pg. 325, #4 – 1 page – at least 2 reasons why or why not • Question: – The right to privacy is not specifically guaranteed in the Constitution. Do you think it should be? • Consider: – Internet sites such as Facebook, My. Space, Twitter, blog sites – Cell phone use – Being gay or lesbian in military