Political Science paper for 2 page
qiao1159
day8a-CivilLiberties.pptCivil Liberties
Professor Matthew N. Beckmann
Outline
I. Introduction
II. The Idea of Civil Liberties
III. Constitutional Provisions
a. The Bill of Rights
b. 14th Amendment
IV. Court Interpretation
V. Conclusion
Introduction
Case # 1
Ray Caballes, IL
71 mph in a 65 mph
“unreasonable search
& seizure”
SC:
Nope, so long as stop
proceeds along normally
Case # 2
Christopher Simmons, MO
1st Degree Murder, Death Penalty
17 years old
“cruel & unusual”
SC:
Yes.
Ray Caballes is clocked traveling 71 mph where the speed limit was 65. a second trooper who had heard the radio transmission headed for the scene with a drug-sniffing dog. In less than 10 minutes, the trooper arrived with the dog, which walked around the vehicle and reacted to the trunk and finds 282 lbs of MJ.
Simmons, who was 17-years-old when he kidnapped neighbor Shirley Crook in 1993, tied her, and threw her off a bridge in St. Louis County. Court said death penalty for under 18 is unconstitutional.
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Civil Liberties Introductory Quiz
Civil liberties consist of
A) Supreme Court decisions.
B) the powers of government to enforce the laws.
C) legal & constitutional protections against the gov’t.
D) the principles of criminal justice.
Civil Liberties Introductory Quiz
“Justice” in the U.S. criminal justice system is defined primarily in terms of whether:
A) Case followed the proper procedures for conviction.
B) those convicted have opportunity to appeal.
C) those convicted are actually guilty.
D) those convicted are treated humanely.
The Idea of Civil Liberties
- Tocqueville –
tyranny of the majority
- Locke –
natural rights
- Mill –
On Liberty
- Jefferson –
unalienable rights
- Madison –
majority or minority faction
- Anti-Federalists
Argument Against BoR
“The Bill of Rights would restrict freedom because it implies that rights are given to the people by the government instead of by nature. Also, guarantees of specific rights could imply that these would be the only rights they'd be entitled to have.”
Argument For BoR
“This would give us so much protection!!! The federal government would have no power to take away these rights.”
The Idea of Civil Liberties
The Result
Majority Rule
with…
Individual Rights
Constitutional Provisions
The Bill of Rights
Amendment I
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.
One Big Case:
Schenck v. United States (1919)
Schenck mailed draftees telling them to ignore the call because the war was immoral. Court ruled this was not free speech because it presented a “clear and present danger” akin to yelling fire in a crowded theatre.
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Constitutional Provisions
The Bill of Rights
Amendment II
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.
One Big Case:
McDonald v. Chicago (2010)
“I have only five words for you:
From my cold, dead hands”
Chicago had a law that handguns had to be registered, but they refused all applications after 1982. 72 year old in bad neighborhood sues. SC says states/cities can’t blanket ban handguns. But left open restrictions… including those to "prohibit...the possession of firearms by felons or mentally ill" and "laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms"
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Constitutional Provisions
The Bill of Rights
Amendment III
No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
Constitutional Provisions
The Bill of Rights
Amendment IV
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.
One Big Case: Mapp v. Ohio (1961)
Mapp is a woman who works at an illegal gambling operation. Police get tip that a guy who bombed a rival operation was in her house. They show up and ask to search, which she refuses because they don’t have a warrant. Later they come back and waive a paper and run in. Find porn, which they ultimately charge her with possessing. Court says conviction is wrong because the search (and evidence) was obtained unconstitutionally.
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Constitutional Provisions
The Bill of Rights
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment 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 to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
One Big Case: Miranda v. Arizona (1966)
Miranda is accused of kidnapping and raping an eighteen year old girl. Isolated and interrogated for several hours, he signs a confession. Attorney argues it was not a valid confession because he didn’t know his rights. Court agrees!
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Constitutional Provisions
The Bill of Rights
Amendment VI
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 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.
One Big Case: Gideon v. Wainwright (1963)
Gideon was charged in Florida state court with a felony: having broken into and entered a poolroom with the intent to commit a misdemeanor offense. When he appeared in court without a lawyer, Gideon requested that the court appoint one for him. According to Florida state law, however, an attorney may only be appointed to an indigent defendant in death-penalty cases. SC disagreed and said assistance is for all criminal cases.
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Constitutional Provisions
The Bill of Rights
Amendment VII
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 the common law.
Race based dismissals for juries was ruled unconstitutional. Alas, Thurgood Marshal said, “Any prosecutor an easily assert facially neutral reasons for striking a juror, and trial-courts are ill equipped to second-guess those reasons…”
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Constitutional Provisions
The Bill of Rights
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
One Big Case: Gregg v. Georgia (1976)
A jury found Gregg guilty of armed robbery and murder and sentenced him to death. On appeal, the Georgia Supreme Court affirmed the death sentence. SC agreed death penalty is not “cruel and unusual” but before imposing it, court must do a separate sentencing phase that takes into consideration the person and their “nature.”
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Constitutional Provisions
The Bill of Rights
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X
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.
Constitutional Provisions
The Fourteenth Amendment
Amendment XIV
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Court Interpretation
14th Amendment
- Initially intended to assure former slaves all the rights of citizenship.
- Turned out to be a primary mechanism for forcing states to adhere to the Bill of Rights and the Supreme Court’s interpretation (incorporation).
Court Interpretation
As an American citizen, what rights do you actually have?
The answer is whatever the Supreme Court says.
Court Interpretation
Free Speech
Citizens enjoy broad protections in terms of speech, including…
- offensive speech
- symbolic speech
…but limits do exist…
- clear and present danger
- direct incitement to imminent
lawlessness
- obscene
Free Press
Reporters enjoy broad protections in terms of speech, including…
- offensive speech
- good faith mistakes
…but limits do exist…
- libel (public vs. private persons)
- obscene
Note: prior restraint is virtually impossible.
Court Interpretation
Free Religion
Citizens are free to exercise any religion they choose.
The real questions have been on what constitutes government “establishment” of religion. Does it require full “separation” of church and state or just “neutrality?”
Criminal Rights
From the moment you are first stopped on through sentencing, the Court has delineated what “due process” means.
- probable cause
- self-incrimination (Miranda)
- right to counsel
- grand jury
- jury of impartial peers
- no cruel and unusual punishment
- no double jeopardy
Court Interpretation
Civil Liberties and National Security
“The Constitution is not a suicide pact.”
Justice Robert Jackson
Court Interpretation
Civil Liberties and National Security
1798 -- Alien & Sedition Acts
1862-65 -- Habeas Corpus Suspended
1917-18 -- Espionage & Sedition Acts
1942 -- Executive Order 9066
1947-54 -- House Un-American Activities Cmte
& Senator McCarthy
Present -- Patriot Act
“Enemy Combatants”
NSA Dragnet
Fred Korematsu
- born in Oakland, CA
- Japanese ancestry
- refused to go to internment after Roosevelt order 9066 (’42)
- Korematsu v. U.S. (1944)
Conclusion
What does it mean to be an American?
One answer is that it means you are guaranteed a certain set of civil liberties. The Bill of Rights identifies what those entail, and the Supreme Court interprets their actual practice in a changing world.
Considering Americans’ civil liberties were designed to provide protection against government and/or majority tyranny, perhaps it is fitting that we conclude by asking how well it is working?
Conclusion
Conclusion
The main is “pretty well, and generally getting better.” However, this result is far from absolute …
1. Supreme Court tends to ratify majority opinion.
2. In wartime, courts typically give officials lots of leeway, and then drag their feet on overreaches until well after the fact.
3. Constitutional Principle ≠ Operational Practice.
