Does the Constitution provide protection from injustices?

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Does the Constitution provide protection from
injustices?
LESSON 7 Civil Liberties Civil Rights
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Defining and Protecting Your Rights and Liberties

• DEFINING CIVIL LIBERTIES AND CIVIL RIGHTS
• Original Constitution No mention of protection
  of individual rights and liberties from
  government abuse
• BILL OF RIGHTS
• First ten Amendments to Constitution
• Written to restrict the national government
• Identifies two types of rights (1) CIVIL
  LIBERTIES and (2) CIVIL RIGHTS
• Most are incorporated into state and local laws
  ? they are reflected in state/local legal codes

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Defining and Protecting Your Rights and Liberties

• Civil Liberties vs. Civil Rights
• CIVIL LIBERTIES Basic freedoms considered to be
  the birthright of all individuals ? cannot be
  taken away or infringed upon by government

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Defining and Protecting Your Rights and Liberties

• CIVIL RIGHTS Rights that come with being a
  member of society
• Not protections from government
• Guarantees by government of equal rights and fair
  treatment under the law
• Associated with positive acts of government

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Differences betweenCivil Liberties and Civil
Rights

• CIVIL LIBERTIES
• Freedom of speech
• Freedom of religion
• Freedom of the press
• Freedom of assembly
• Freedom from unreasonable search and seizure

• CIVIL RIGHTS
• Right to due process
• Right to trial by jury
• Right to legal counsel
• Right to vote
• Right to petition the government for a redress of
  grievances (appeal process)

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What basic principles form the basis of the
Constitution?

• BASIC PRINCIPLES OF THE CONSTITUTION Six basic
  principles outline the Founders belief that
  controls must be placed on government
• POPULAR SOVEREIGNTY People are the most
  important source of governmental power
• SEPARATION OF POWERS Power is distinct but
  shared legislative, executive, and judicial

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What basic principles form the basis of the
Constitution?

• CHECKS AND BALANCES Division of power among the
  three branches ensures that no one person or
  group would assume all power
• LIMITED GOVERNMENT Government does not hold all
  power and does only the things the people want it
  to do
• FEDERALISM Division of power between states and
  Washington reflects Founders desire to balance
  liberty and order
• JUDICIAL REVIEW The power of the Supreme Court
  to determine the constitutionality of an action
  of the government (Marbury v. Madison, 1803)

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History

• In response to Anti-Federalist demands for
  provisions to secure individual and states
  rights, Congress met in New York City in 1789 and
  proposed 12 amendments to be submitted to the
  states for their approval.
• 10 of the 12 proposed amendments were approved by
  3/4 of the state legislatures and added to the
  constitution in 1791.

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Amending the U.S. Constitution
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1st Amendment - Basics

• Congress 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.
• Freedom of Religion
• Government may not establish an official national
  religion
• Separation of Church and State
• Freedom of Speech
• Must be truthful
• Freedom to Petition the Government
• Ask the government to review a perceived problem

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1st Amendment - Basics

• Freedom of Assembly
• To meet peacefully to discuss a perceived problem
• Freedom of the Press
• The media has the right to expose and comment on
  the conduct of the government, its officials, and
  common individuals

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2nd Amendment - Basics

• A 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.
• Citizens have the right and need to have guns
• Intended to allow citizen militias to be equipped
  to fight without the need of the government to
  supply guns
• Farmers and frontiersmen needed guns for
  protection and to supplement their food supply

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3rd Amendment - Basics

• No Soldier shall, in time of peace, be quartered
  in any home, without the consent of the Owner,
  nor in time of war, but in a manner to be
  prescribed by law.
• Protection against troops being quartered in
  homes during peacetime
• Not a major issue in modern times, and therefore
  has never been enforced by SCOTUS

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4th Amendment - Basics

• 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.
• To be free of unreasonable searches and seizures
• Need specific search warrants issued on probable
  cause

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5th Amendment - Basics

• No person shall be held to answer for a capital,
  or otherwise infamous crime, unless on a
  presentation 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 twice put
  in jeopardy of life or limb nor shall be
  compelled in any criminal case to be witness
  against himself, nor be deprived of life liberty,
  or property, without due process of law nor
  shall have private property taken for public use,
  without just compensation.
• The right, if accused of a crime
• To be formally investigated and accused by a
  Grand Jury
• Not to be tried twice for the same crime (double
  jeopardy)
• Not to be forced to give evidence against oneself
  or family member (self-incrimination)
• To be afforded Due Process of Law
• Receive a fair and speedy trial protected by
  common legal procedures

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5th Amendment - Basics

• No person shall be held to answer for a capital,
  or otherwise infamous crime, unless on a
  presentation 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 twice put
  in jeopardy of life or limb nor shall be
  compelled in any criminal case to be witness
  against himself, nor be deprived of life liberty,
  or property, without due process of law nor
  shall have private property taken for public use,
  without just compensation.
• Receive fair compensation for your property if
  the government needs to take it from you for
  public purposes (right to eminent domain)

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6th Amendment

• In 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 that 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.

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7th Amendment

• In 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 common law.

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6th 7th Amendments - Basics

• 6th Amendment
• The right if accused of a crime to
• Be told the charges
• Receive a speedy and public trial with an
  impartial jury
• Face the prosecution witnesses
• Have the services of a defense lawyer
• If necessary, force defense witnesses to testify
  in court through legal process

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6th 7th Amendments - Basics

• 7th Amendment
• The right to a jury trial in many types of
  non-criminal cases
• Cases that do not involve bodily harm or
  meaningful theft but involve meaningful wrong
  upon others (usually financial claims or damages)

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8th Amendment - Basics

• Excessive bail shall not be required, nor
  excessive fines imposed, nor cruel and unusual
  punishments inflicted.
• The right to protection against excessive bail
  and fines and cruel and unusual punishment.

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9th Amendment

• The enumeration in the Constitution, of certain
  rights, shall not be construed to deny or
  disparage others retained by the people.

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10th Amendment

• The 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.

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9th 10th Amendments - Basics

• 9th Amendment
• The guarantee that other rights not listed in the
  Constitution are protected.
• If the authors forgot about these rights they
  still belong to the states or the people, not the
  Federal Government.

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9th 10th Amendments - Basics

• 10th Amendment
• The guarantee that the people or the states have
  all the powers not given to the national
  government or denied to the states
• All powers not mentioned in the Constitution are
  reserved for the states or the people

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How have early challenges in enforcing the Bill
of Rights been addressed?

• EARLY CHALLENGES IN ENFORCING THE BILL OF RIGHTS
• Bill of Rights offers broad rights and liberties
  on paper, but needed to be interpreted by SCOTUS
  (Supreme Court)
• MARBURY v. MADISON (1803) Establishment of
  judicial review laid foundation for enforcement
  of Bill of Rights

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How have early challenges in enforcing the Bill
of Rights been addressed?

• FOURTEENTH AMENDMENT (1868) Attempt by Congress
  to restrict states from limiting civil rights,
  especially with blacks
• First interpreted narrowly by the courts ? PLESSY
  v. FERGUSON (1896)
• Equal Protection Clause preserved by separate
  but equal public facilities
• New interpretation of Fourteenth Amendment
  spurred by work of civil rights groups ? NAACP,
  ACLU
• BROWN v. BOARD OF ED. OF TOPEKA (1956) Separate
  but equal facilities provided by segregated
  schools not truly equal

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How have early challenges in enforcing the Bill
of Rights been addressed?

• FREEDOMS OF THE FIRST AMENDMENT
• FIRST AMENDMENT Most important amendment of the
  Bill of Rights
• FREEDOM OF RELIGION
• Two parts Establishment Clause and Free Exercise
  Clause
• ESTABLISHMENT CLAUSE Guarantees separation of
  church and state (government)
• FREE EXERCISE CLAUSE All people are free to
  exercise the religious practices of their choice,
  and free to follow no religion ? however, if
  faith conflicts with the law of the land
  (Constitution), the law will prevail

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How have early challenges in enforcing the Bill
of Rights been addressed?

• FREEDOM OF SPEECH Linked to freedom of
  expression identified in the First Amendment
• Court has supported freedom of speech except in
  cases where speech is harmful to others
• LIBEL Written form of speech
• SLANDER Spoken form of speech
• OBSCENITY Speech offensive to conventional
  standards of decency

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How have early challenges in enforcing the Bill
of Rights been addressed?

• Speech does not have to be written to receive
  protections of First Amendment ? SYMBOLIC SPEECH
• The First Amendment was also intended to protect
  the right of the press to criticize the
  government
• PRIOR RESTRAINT An attempt by government to
  prevent the publication or broadcast of material
  considered harmful ? only allowed if it does not
  impact national security
• Journalists cannot be guilty of libel unless
  their errors in reporting were intentional and
  meant to do harm

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What does it mean to be granted due process?

• PRINCIPLE OF DUE PROCESS
• 4th, 5th, 6th, 7th 14th Amendments
• Protection of life, liberty, and property
• Laws must be applied fairly and equally to all
  people, especially to someone accused of a crime
• Procedural due process How laws are carried out
• Substantive due process Reasonableness of laws

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How do we protect the accused from being punished
for deeds they didnt commit?

• CONSTITUTIONAL PROVISIONS FOR DUE PROCESS
• WRIT OF HABEAS CORPUS
• Have my body just tell me why!
• Court order directing prisoner to court to be
  informed of charges
• Jailer must show cause for holding or immediately
  release prisoner
• Congress can suspend habeas corpus during times
  of rebellion or invasion (ex Civil War, WWII,
  9/11)

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How do we protect the accused from being punished
for deeds they didnt commit?

1. EX POST FACTO LAWS Laws passed after act has
   been committed cannot be enforced on previous
   actions ? After the fact laws
2. BILL OF ATTAINDER Law that declares person or
   group guilty of crime without court trial ?
   forbidden under Constitution

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How does the Constitution provide protections
during investigations?

• 4th AMENDMENT LIMITS ON INVESTIGATIONS
• 4th Amendment Protection against illegal
  searches and seizures
• When are searches reasonable?
• Police have a search warrant
• Individual has been lawfully arrested

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How does the Constitution provide protections
during investigations?

• Exceptions to warrant requirement
• Automobiles
• Terry Search (Terry v. Ohio, 1968) Brief
  investigatory stops
• Searches following lawful arrest
• Searches for evidence
• Border searches
• Plain-view exception
• Exigent circumstances ? urgent or critical
  situations (ex burning house, criminal escaping
  capture)

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How does the Constitution provide protections
during investigations?

1. EXCLUSIONARY RULE Evidence gathered illegally
   cannot be used in a trial (Weeks v. US, 1914
   Mapp v. Ohio, 1961) ? exceptions can be granted

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How does the 5th Amendment provide further
protection for the accused?

• 5th AMENDMENT CHARGING SOMEONE WITH A CRIMINAL
  OFFENSE
• INDICTMENT Formal charge against accused ? must
  follow presentation of strong evidence
• DOUBLE JEOPARDY Amendment prohibits being
  charged with same crime twice

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How does the 5th Amendment provide further
protection for the accused?

• MIRANDA RIGHTS (Miranda v. Arizona, 1966)
• Protection against self incrimination ? cannot be
  compelled to be a witness against oneself
• Police must advise of opportunity to have an
  attorney present

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How is the protection of due process furthered by
the Bill of Rights?

• 6th 8th AMENDMENTS TRIALS PUNISHMENTS
• 6th Amendment
• Guarantees right to counsel (attorney) ? Gideon
  v. Wainwright, 1963
• Accused have the right to a fair trial
• SPEEDY TRIAL ACT (1974) Federal trials must
  begin no later than 100 days from arrest
• Judges can ban media and spectators

Clarence Gideon
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How is the protection of due process furthered by
the Bill of Rights?

• 8th Amendment
• Protections for the accused after the trial has
  ended
• Reasonable opportunity to be released on bail ?
  but what is excessive bail?
• Forbids cruel and unusual punishment

Clarence Gideon
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