Government

Chapter 5The Bill of Rights

Now we know what the government can do….what about what the government can not

do???The Bill of Rights, does that!!

It guarantees 2 rights:Civil LibertiesCivil Rights

OK, but what’s the difference between those two rights????

Civil LibertiesBasic freedom-as a

birthright of all citizens (think: individual people)

Government CAN NOT legitimately take civil liberties away

Protected from government

Civil RightsBasic rights as a member

of society (think: as a group, like race or sex )

Guaranteed by the government

Judicial Review: The Supreme courts ability to interpret and apply these rights

Marbury v. Madison

• Barron v Baltimore: A Supreme Court case in which the court decided that the national government can not enforce the Bill of Rights on state governments

• After the Civil War, the 14th Amendment was added to the constitution.

• Plessy v Ferguson: Separate but Equal ClauseStill did not impose Federal Bill of Rights on the

states.• Organization form to challenge the Plessy ruling

NAACPAttached segregation laws.

Fought for civil rights

ACLUAttached civil liberties

violations such as freedom of the press

Both: Gave voice to citizens who felt rights were being abused

Reverse!!!!

Gitlow v New York:Supreme finally reverses its decision and says “yes” the 14th Amendment DOES apply to the states

Incorporation- The process of applying the Bill of Right to the states through a Supreme Court decision

The Supreme Court’s role is NOT to retry a case, it is to review the legal decisions

Supreme Court looks at each case and decides if the case is inline with the Constitution.

If it is not-Case goes back to lower court and must be retied . The lower

court can: 1. alter its original decision to conform with the Court’s opinion2. dismiss the case altogether3. or order a whole new trial

Once the Supreme Court makes a decision, that decision becomes a precedent (an example for other similar cases)

1st AmendmentThe Court supports the 1st amendment except in

cases of Libel

SlanderObscenity

Libel and slander- Making false statements with the intent to harm

“Clear and Present Danger”The court asks:

Was the statement meant to incite or produce lawlessness action?

Is it likely to incite or produce such action?1st Amendment also protects Symbolic Speech,

even if the act itself is offensive to some

Example: flag burning

Freedom of speech extend to the press

Prior Restraint- the attempt by the government to prevent the media from giving out info. it finds harmful.

Can prevent if the info threatens national security

“Pentagon Papers”

freedom of assemblyAny rules and regulation on assembly must

apply to every group seeking a permit

Protection against the abuse of government power

Amendments 2, 3, 4Most gun regulation is within the state, not federal

government1st gun regulation came about due to an assassination

attempt on FDRNew law

1. Taxes on “powerful firearms” 2. Background checks 3. Some weapons must be registerU.S. v Miller- Law was upheld, only 2nd amendment case to

ever go before the Supreme Court

Protection of privacy and property rights3rd and 4th Amendments

Unreasonable search and seizure 1. Probable cause 2. Warrant needed

EXCEPT:Evidence in lain sight

Evidence is being destroyedSchool officials

Stop and frisk rule- power given to police to try and prevent serious crime before it happens ( results from 9-11 attach)

Protects rights in the judicial process Amendments 5,6,7,8

Miranda v Arizona- says that people have certain rights that the police must inform the suspect about upon arrest (Miranda rights)

Self-incrimination- protected by the above case.

Double Jeopardy- if found innocent, can not be tried two time for the exact same crime

Due Process Clause – no one can be deprived of life, liberty, property

Taking Clause- “eminent domain”

Fair Trials6 and 7th amendment

6th- how criminal trails are conducted7th- right to trial by juryGideon v Wainwright- rights to a lawyer

Sheppard v Maxwell- biased coverage by the press can not be allowed to prevent a fair trial

Bail me out!!!8th- No excessive bail or cruel or unusual

punishment

Capital Punishment

1890- cases focused on the method of punishment rather then if the death was right or wrong

1972- focus is now on the death penalty itself. Decision said it is cruel if not applied consistently from case to case

Death Penalty is suspendedState’s reaction: rewrote their laws to comply with

Supreme Court’s decisionCapital Punishment re instated

Rights and powers of State and People9 and 10th amendment

Both are pretty general9th -includes all rights and liberties that are not

already listed ( cover their butt, amendment!)

10th- balances state and federal power- also known as the Supremacy Clause

In ReviewThe Bill of Rights do the following:

Protects basic civil liberties Preventing abuse of power

Safeguards under the legal system Powers of the state and the people