Civil Liberties Mastery Product Keely Smith

Hour 4

5.1 Trace the Constitutional Roots of

Civil Liberties • Anti-Federalists stressed the need for a bill of

rights, even though most of the Framers originally did not like the idea of a bill of rights.

• The Federalists argued that a bill of rights was not needed and unnecessary.

• Soon, some Framers began to support the idea, and the Bill of Rights (the first ten amendments of the U.S. Constitution) was sent to the states in 1789 for ratification.

5.1 Continued

• In the Bill of Rights, the Ninth and Tenth Amendments express that the Bill of Rights is not exclusive.

• The Ninth Amendment makes it clear that enumerating rights in the Constitution or Bill of Rights does not mean that others do not exist.

• The Tenth Amendment states that the powers not given to the national government are reserved to the people or to the states.

5.1 Continued • The Bill of Rights was originally put into place to limit

the power of the national government.

• In 1868, the Fourteenth Amendment was added to the U.S. Constitution, and it suggested that some or even all of the protections in the Bill of Rights could be interpreted to prevent state infringements of those rights, as well.

• In Gitlow v. New York the U.S. Supreme Court found that states could not abridge free speech protection, which led to the development of the incorporation doctrine (the due process clause of the Fourteenth Amendment requires that state and local governments must guarantee the rights that are in the Bill of Rights).

5.1 Continued

• The U.S. Supreme Court has used selective incorporation (most but not all of the protections found in the Bill of Rights are made applicable to the states) for the reason that not all of the guarantees in the Bill of Rights have been made applicable to the states through the due process clause.

• Today, selective incorporation requires that states respect freedoms of press, speech, and assembly; however, the guarantees of the Third and Seventh Amendments have not been included.

5.2 Describe the First Amendment

Guarantee of Freedom of Religion • The First Amendment of the Constitution states

that, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.”

• Therefore, the First Amendment guarantees the freedom of religion.

• The first clause of the First Amendment, the establishment clause, prohibits the national government from imposing an offical national religion.

5.2 Continued

• The separation of church and state has always been a difficult issue in America.

• Most Americans practice their own religions, but over the years, the U.S. Supreme Court has had troubles interpreting the establishment clause.

• Generally, the national and state governments do not give aid to religious groups, but most forms of aid that help and benefit children are allowed by the Constitution.

5.2 Continued

• The second clause of the First Amendment, the free exercise clause, prohibits the U.S. government from interfering with a citizen’s right to practice his or her religion.

• However, this guarantee is not absolute, and when secular law clashes with religious law, the right to practice one’s religion is usually denied.

5.3 Outline the First Amendment

Guarantees of and Limitations on

Freedom of Speech, Press, Assembly,

and Petition. • According to the First Amendment, “Congress

shall make no law . . . abridging the freedom of speech or of the press.”

• However, the speech and press clauses are not absolute bans against government regulation, and some liberties have better protection than others.

5.3 Continued

• When the First Amendment was ratified, it was thought to protect against prior restraint (prevents the government from prohibiting speech or publication before the fact).

• On the other hand, in 1798, the Alien and Sedition Acts were enacted and designed to forbid criticism of the government.

• However, when Thomas Jefferson was elected, he pardoned anyone who had been convicted under the Alien and Sedition Acts and allowed the acts to expire.

5.3 Continued

• The U.S. Supreme Court has given protection to many types of speech and press.

• For example, symbolic speech (symbols, signs, and other methods of expression) is protected under the First Amendment.

• Also, hate speech is protected as long as it does not become action.

5.3 Continued

• The Supreme Court does not protect some forms of expression.

• For instance, libel (written statement that defames a person’s character) and slander (untrue spoken statements that defame a person’s character) are not protected.

• In addition, fighting words (words that, “by their very utterance inflict injury or tend to incite an immediate breach of peace,”) are not protected under the First Amendment.

5.3 Continued

• Also, obscenity and pornography are not protected

• Restricting the sale and distribution of obscene materials has been fairly easy for lawmakers; on the other hand, monitoring the internet has been very difficult.

• The freedoms of petition and assembly are related directly to the freedoms of speech and of the press.

5.4 Summarize Changes in the

Interpretation of the Second

Amendment’s Right to Keep and Bear

Arms • Initially, the Second Amendment was added to

the Constitution to make sure that Congress could not disarm state militias.

• As time passed, many different gun restrictions have been enacted.

• Despite the many gun restrictions, the U.S. Supreme Court has ruled that the Second Amendment protects the right to own a firearm.

5.5 Analyze the Rights of Criminal

Defendants found in the Bill of Rights • The Fourth, Fifth, Sixth, and Eighth Amendments

provide a variety of guarantees to criminals.

• The Fourth Amendment of the Constitution protects Americans from unreasonable searches and seizures by the federal government; it explains what can not be searched unless a warrant is issued.

• Generally, the U.S. Supreme Court has refused to allow evidence seized in violation of this to be used in trials.

5.5 Continued • The Fifth Amendment provides many guarantees

that protect people who have been charged with a crime.

• This Amendment allows the accused to present their case before a “Grand Jury.”

• Also, “No person shall be . . . compelled in any criminal case to be a witness against himself.” The government must inform the accused of his or her rights to remain silent.

• In addition, the double jeopardy clause protects people from being tried twice for the same crime.

5.5 Continued

• The Sixth Amendment sets out the basic requirements of procedural due process for federal courts to follow in criminal trials.

• Congress requires federal courts to provide an attorney for defendants who cannot afford one.

• Also, the Sixth Amendment states that a person accused of a crime has the right to a speedy and public trial by an impartial jury.

5.5 Continued

• In addition, the Sixth Amendment states that the trial must be in the State where the crime was committed, the accused must be given proper notice of the charges, the accused has the right to confront and obtain witnesses, and the accused has the right to a lawyer.

• The Eighth Amendment states that, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

5.5 Continued

• The Eighth Amendment does not prohibit the use of the death penalty; therefore, the death penalty is not considered a cruel and unusual punishment in capital cases.

5.6 Explain the Origin and Significance

of the Right to Privacy • The U.S. Supreme Court has given protection to

rights not specifically enumerated in the Constitution.

• The right to privacy is a judicially-created principle made from the penumbras of the First, Third, Fourth, Ninth, and Fourteenth Amendments.

• The U.S. Supreme Court has found that limiting access to birth control, prohibiting abortion, and banning homosexual acts are unconstitutional.

5.7 Evaluate how Reforms to Combat

Terrorism Have Affected Civil Liberties • After September 11, 2011, “an alternative reality”

was enacted, and the Bill of Rights guarantees were suspended in the time of war.

• There were bans placed on the First Amendment, the Fourth Amendment, and the Due Process Rights.

• Critics of these bans said that too many constitutional guarantees were compromised.

• Supporters said that these changes were needed to protect the national security.

Works Cited

● O’Connor, Karen, Sabato, Larry J., and Yanus, Alixandra B. American Government: Roots and Reform. Pearson Education, Inc., 2011. Print.