Government: Civil Liberties and Civil Rights
What is the right to counsel?
Gideon v. Wainwright established that all persons accused of serious crimes are constitutionally entitled to legal representation.
What does "freedom of speech" mean?
"Congress shall make no law abridging freedom of speech or of the press." Freedom and speech and expression is the lifeblood of any democracy. Democratic governments do not dictate, control, or judge the content and written and verbal speech, and the First Amendment thus guarantees this basic civil liberty. A democratic nation depends upon a literate, knowledgeable citizenry.
What is the Establishment Clause?
"Congress shall make no law respecting an establishment of religion." It prohibits the national government from establishing a national religion. However, the Establishment Clause does not prevent government from meeting the needs of religious groups.
What is the Free Exercise Clause?
"or prohibiting the free exercise thereof" Prohibits the national government from interfering with an American's rights to practice his or her religion.
How do freedom of speech and freedom of the press relate?
"trio of rights": freedom of speech, press, and assembly. In a democratic society, if free speech is to have an effect, it must be disseminated through a free media. An audience must have the freedom to gather and listen to a speaker communicating their ideas. Because democracy involves public debate and open decision making, the communication of ideas, opinions, and information is essential, both through spoken and printed word.
How do civil liberties differ from civil rights?
*Civil liberties are those liberties that protect people from the government - those that guarantee the safety of the people, their opinions, and their property from the government as listed in the Constitution. *Civil rights are acts of government that make constitutional guarantees real for all people, ensuring they receive equal treatment under the law.
What's the difference between "substantive restraints" and "procedural restraints" ?
-Substantive restraints limit WHAT the government has the power to do, such as restricting freedom of speech. -Procedural restraints limit HOW the government can act and are usually grouped under the general category of due process.
What are the limits on free speech?
3 types of speech - commercial speech, libel and slander, and obscenity - are not protected under the First Amendment and may be regulated. Commercial speech includes advertising or other speech for business purposes. Libel is a false statement made about someone in print; slander involves the spoken use of malicious words: both have the intention of harming a person's character or reputation. Obscenity includes publicly offensive language or images of no social value.
What does the Fifth Amendment allow for?
A capital crime is punishable by death and an infamous crime is punishable by death or imprisonment. No one has to stand trial unless first indicted by a grand jury. No double jeopardy. No self incrimination. The government cannot seize property without fair repayment. Due process of law.
What is an indictment?
A formal complaint that is presented before a grand jury by the prosector charging an accused person with one or more crimes
What is a speedy and public trial?
According to the 6th Amendment, a person accused of a crime must have a prompt, public trial by an open-minded jury. Accused individuals must be informed of the charges against them and must be allowed to meet the witnesses face-to-face. Individuals on trial and face and cross-examine those who have accused them. Accused persons must have a lawyer to defend them if they want one.
How does the phrase "clear and present danger" relate to freedom of speech?
Arose out of SC case Schenck v. United States where WW1 soldier was convicted for espionage for printing and distributing anti-war leaflets to draft-aged men. The court upheld the clear and present doctrine, which states that all people should have complete freedom of speech unless their language presents a "clear and present danger" to the nation of brings about "evils that Congress has a right to prevent"
How do the Fourth, Fifth, Sixth, and Eighth Amendments provide for due process of law?
By protecting those accused of a crime. The Fourth says federal law officials may not search people or their homes without a warrant. The Fifth safeguards people accused of crimes that may result in the death penalty. The Sixth guarantees a speedy, public trial by jury. The Eighth prohibits setting excessive bail and using cruel and unusual punishment.
What is the role of the grand jury?
Determines whether a person can be tried for a crime. Guaranteed by 5th amendment. Consists of between 16-23 people. At least 13 jurors must agree that there is enough evidence to return and indictment and allow the case to be heard in court.
What are civil liberties?
FUNDAMENTAL FREEDOMS that guarantee the rights of free people and protect the people from improper government actions against them. (In the United States, contained in the Bill of Rights. Examples: freedom of speech, freedom of press, freedom of assembly)
Bill of Rights
First ten amendments to the US Constitution. Guarantees rights and liberties to the American people. First 8 outline substantive and procedural individual rights to the people, while the Ninth and Tenth are general rules of interpretation of the relationships among the people, state governments, and federal government.
What are inalienable rights?
God-given rights that all people are inherently created with and entitled to enjoy simply because they are human beings, including the rights to life, liberty, and the pursuit of happiness. Neither society nor government can remove or 'alienate' them. Since they exist independently of government, they cannot be taken away by legislation.
How does the popular phrase "them's fightin' words" relate to freedom of speech?
In Chaplinksy v. New Hampshire the SC utilized the fighting words doctrine to maintain that some words constitute violent acts. It upheld the conviction of a Jehovah's Witness because he had used words against a police officer that were considered threatening.
What does it mean to Mirandize someone?
In Miranda v. Arizona the Sc declared no ruling could stand in court based on evidence obtained by police during interrogation unless the suspects have been: 1. Notified they are free to remain silent 2. Told what they say may be used against them in court 3. Told they have the right to have attorneys present at the time of questioning 4. Attorneys will be provided for them in the event they don't have their own 5. Allowed to terminate any stage of a police interrogation
How is saluting the flag related to freedom of speech?
In West Virginia State Board of Education v. Barnette, certain Jehovah's Witnesses refused to salute the American flag during the school day, as commanded by state law. Because their religion forbade such pledges of loyalty, they argued they were being forced to violate their consciences. The justices determined that saluting the flag was a symbol of speech, which the state could not force its residents to perform.
What is meant by the term "speech plus"?
Includes picketing and marching, distributing leaflets and pamphlets, addressing public audiences, soliciting door to door, and conducting many forms of sit-ins. Because they involve action rather than just mere speech, they are much more subject to regulation and restriction by the government than straightforward speech.
What are speech codes?
Meant to promote "politically correct" speech, speech codes are speech impositions adopted by universities and colleges that have attempted to ban what they consider offensive speech - usually racial epithets and comments regarding sexual orientation. In recent years, the ACLU has fought against speech codes, claiming they violate the first amendment.
What is freedom of religion?
More broadly, freedom of conscience. No person should be required to profess any religion or other belief against his or her desires. Because a person's faith is a personal matter, no one should be penalized for choosing one religion over another. Forbids Congress to establish a church. Congress cannot pass laws limiting worship, speech, assembly, or press.
Does the Constitution grant Americans their civil rights and liberties?
No, it only guarantees them. The people of America had all their rights and liberties before they wrote the Constitution. The Constitution was formed to secure the people's liberties.
What is a writ of habeas corpus?
Prevents unjust arrests and imprisonments. As a court order to an officer holding a prisoner, it mandates that the prisoner be brought before the court and that the officer show cause why the prisoner should not be released. The writ challenges only whether a prisoner has been accorded due process of law, not whether he or she is guilty. Today, the most common usage of the writ is to appeal state criminal convictions to the federal courts in cases where the petitioner believes his or her constitutional rights were violated by state judicial procedure.
Substantive Liberties
RESTRAINTS put on the government. Limit what the government shall and shall not have the power to do, including establish a religion, quarter troops in private homes without consent, or seize private property without just compensation
How does the Bill of Rights protect individual liberties?
The Bill of Rights limits the ability of government to intrude upon certain individual liberties, guaranteeing freedom of speech, press, assembly, and religion to all people. Nearly 2/3 of Bill of Rights was written for people suspected of crimes: providing for due process, fair trials, freedom from self-incrimination, cruel and unusual punishment and double jeopardy. The Bill of Rights places certain liberties beyond the reach of those in power on the premise that depriving citizens of fundamental rights diminishes their civil standing and humanity.
Selective incorporation
The Supreme Court's decision to selectively incorporate each provision of the Bill of Rights into the Due Process Clause of the 14th Amendment.
What are some of the rights established in the original Constitution?
The Constitution strives to uphold several democratic principles, including the PROTECTION OF INDIVIDUAL RIGHTS AND CIVIL LIBERTIES. To establish justice, the Constitution does not make any status distinctions: all are EQUAL BEFORE THE LAW. The emphasis on personal liberty is one of the main features of the Constitution and to protect this the framers LIMITED THE POWERS OF NATIONAL AND STATE GOVERNMENTS
What is strict judicial scrutiny?
The SC has adhered to the Constitution's underlying premise that certain rights are essential to individual liberty by deeming them worthy of strict judicial scrutiny. These include the liberties found in the Bill of Rights, especially the 1st Amendment. When a case comes before the SC that deals with civil liberties, it applies the strict judicial scrutiny doctrine, meaning it gives a close or rigid reading and interpretation of the law.
What is the right to bear arms?
The Second Amendment was originally adopted so that Congress could not disarm a state militia and thus prohibits only the national government from limiting the right to carry weapons. It does not guarantee a citizen's right to bear arms free from government restriction. Each state has the authority to limit its citizens' rights to bear arms.
What is the Lemon Test?
The Supreme Court decision Lemon v. Kurtzman established a test to measure the constitutionality of state laws that appear to further religion. A law or practice dealing with church/state must: 1. Have a secular legislative purpose 2. Have a primary effect that neither advances nor inhibits religion 3. Not involve excessive government entanglement with religion
What is the Takings Clause, and how does it relate to eminent domain?
The Takings Clause of the Fifth Amendment states that private property cannot be taken by the government for public use without just compensation to the property owner. Today, the government uses its right of eminent domain to acquire land for highways, schools, and other public facilities, but it must pay a fair price for its acquisition.
What is freedom of assembly?
The corollary to freedom of speech is the right of the people to assemble and peacefully demand that the government hear their grievances. Without this right to gather and be heard, freedom of speech would be devalued. Democratic governments can regulate the time and place of political rallies, but cannot use that authority to suppress political protest or prevent groups from making their voices heard.
What is meant by "prior restraint" ?
The government cannot censor written materials before they are published. People have the right to publish material of their choosing without being required to submit the material beforehand to a government censor. Furthermore, the government cannot block the publication of materials.
What is confidentiality?
The news media asserts they have a right to confidentiality, the right to refuse to testify in court to reveal their sources and other confidential information. In Branzenburg v. Hayes the SC rules that reporters, like other citizens, must respond to relevant questions asked in court. Despite this ruling, 30 states have passed "shield laws" that give reporters some protection against disclosing their sources.
What does the phrase "separation of church and state" mean?
Thomas Jefferson interpreted "Congress shall make no law respecting the establishment of a religion or prohibiting the free exercise thereof" to create a "wall of separation" between government and any religious activity. As a result, students in public schools may not pray aloud publicly, cannot study the Bible as a sacred text, and may not celebrate any religious holidays.
What does "due process of law" mean?
Upholds the idea that a person's life, liberty, and property are not subject to uncontrolled power of the government but rather can be limited only through due course of legal action. The 4,5,6,8 provide a number of procedural guarantees for those accused of crimes and those guarantees are often called due process rights.
How are a person's individual rights relative?
While the Constitution guarantees a number of rights, people can only exercise those rights as long as they do not infringe on the rights of others.
