Chapter 14 Civil Liberties The politics of

Chapter 14 Civil Liberties

The politics of civil liberties I: A-E n n n Belief in limited government

Writ of Habeas Corpus n n n Art. 1, Sec. 9 “Produce the body” Requires government officials to present a prisoner in court and to explain to the judge why the person is being held

Ex Post Facto Laws n n “after the fact” Being charged for committing a crime, that wasn’t a crime when the person committed the action

Bills of Attainder n n Legislative act that punishes an individual without judicial trial Court should decide guilt, not Congress

Bill of Rights 1. 2. 3. 4. 5. Free speech, press, assembly, petition, religion Right to bear arms Prohibits quartering soldiers Restricts illegal search and seizures Provides grand juries, restricts eminent domain (gov can’t take private property unless compensation), prohibits forced selfincrimination, double jeopardy (can’t be charged for the same crime twice)

Bill of Rights 6. Outlines criminal court procedure 7. Trial by jury 8. Prevent excessive bail and cruel and unusual punishment 9. Amendments 1 -8 do not necessarily include all possible rights of the people 10. Reserves for the states any powers not delegated to Fed. Gov by Constitution

Culture and Civil Liberties II: A-D n n n Rights in Conflict Cultural Conflicts Applying the Bill of Rights to the States • Due process of law • Equal protection of the law • Selective incorporation Copyright © 2011 Cengage

14 th Amendment n n “privileges and immunities” – Constitution protects all citizens Due process – prohibits abuse of life, liberty, or property of any citizen, state rights were subordinate to Fed rights Equal protection clause – Constitution applies to all citizens equally Incorporation Doctrine

Figure 5. 1 Annual Legal Immigration, 1850 -2005 Note: Figures for 1989 and 1990 include persons granted permanent residence under the legalization program of the Immigration and Reform and Control Act of 1986. Source: Office of Immigration Statistics, 2005 Yearbook of Immigration Statistics. (Washington, D. C. : Department of Homeland Security, 2006), p. 5. Copyright © 2011 Cengage

Interpreting and Applying the First Amendment III: A: 1 -5 n n Freedom of

Women picketed in front of the White House, urging President Warren Harding to release

What is Speech? III: B: 1 -3 n n n Libel Obscenity Symbolic Speech Tim Boyle/Newsmakers/Getty Images A Ku Klux Klan member uses his constitutional right to free speech to utter “white power” chants in Skokie, Illinois, p. 105. Copyright © 2011 Cengage

“Symbolic speech”: when young men burned their draft cards during the 1960 s to protest the Vietnam War, the Supreme Court ruled that it was an illegal act for which they could be punished. p. 108 Bettmann/CORBIS Copyright © 2011 Cengage

Commercial and Youthful Speech IV: A-C n n n Corporations Interest Groups Youth p.

Church and State V: A-B n n n The Free Exercise Clause: Congress shall make no law prohibiting the “free exercise” of religion Establishment Clause: Congress shall make no law “respecting an establishment of religion” Wall of Separation: Court ruling that government cannot be involved with religion Copyright © 2011 Cengage

Crime and Due Process VI: A-E n n n The Exclusionary Rule Search and Seizure Confessions and Self-Incrimination Relaxing the exclusionary rule Terrorism and Civil Liberties Searches without Warrants Copyright © 2011 Cengage

JASON REED/Reuters/Landov The Threat Operations Center at the National Security Agency in Fort Meade,

JOE SKIPPER/ Reuters/ Corbis Inside a cell at the terrorist prison in Guantanamo, where Muslim inmates receive a copy of the Koran, a chess set, and an arrow pointing toward Mecca. p. 119 Copyright © 2011 Cengage