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Constitutional Underpinnings Theme 1 - The Constitution Declaration COLONIAL BINGO Article of Confederation Virginia New Jersey Great...

Constitutional Underpinnings Theme 1 - The Constitution Declaration COLONIAL BINGO Article of Confederation Virginia New Jersey Great Of Plan Plan Compromise Independence -First national government -idea that in the new Congress -a Compromise between the NJ -document announcing our created after Revolution where representation should be -idea that in the new Congress and VA plans where we created a freedom and outlining a the states had the majority of the based on population representation should be equal two house government republican form of government power House John Common Baron de Montesquieu Magna Of Burgesses Locke Sense Carta -First legislative body in the New -Wrote Two Treaties on -philosopher who emphasized World. Government -pamphlet by Thomas Paine in the idea of separation of -limited King’s power and granted -Created a pathway to -Believed in Natural Rights like life, 1776 emphasizing complete powers within a government people rights representative government. liberty, and property independence from England -Suggested a branched government English The Thomas Thomas Bill of Rights Enlightenment Hobbs Jefferson -1689 signed by new monarchs - -wrote Leviathan suggesting -wrote Declaration of William and Mary. Period called the Age of Reason, FREE SPACE govn’t is necessary to provide Independence in which he -Monarchs could not levy tax and where people began to study and security and peace outlined the philosophy of gave people the right to a fair trial question the normal things of life. democracy or a republican form of government Mayflower Fundamental Shay’s Anti-Federalist Constitution Compact Orders of Connecticut Rebellion -group that believed in Of the United States -a document based on the -a farmer led rebellion that personal freedoms and -our national government ratified principle of a social contract -first written constitution in the showed everyone how weak believed that the state should in 1787 and continues to be our establishing a direct democracy in American colonies government was under the retain its power instead of the government today the New England Colonies AOC federal government Jean-Jacques Preamble Federalist Northwest Bill of Rights Rosseau -group that believed in the Ordinance of 1787 -1st 10 amendments to the -beginning of the Constitution nation would not survive -Law made under the AOC that Constitution of the US -wrote The Social Contract which set out the purpose of our without a strong national established how our country guaranteeing citizens certain supporting democracy, freedom of new government government would set up new states and in rights that cannot be taken away religion and separation of Church those lands placed an and State importance on education Ideals of Democracy Topic 1.1 Explain how democratic ideals are reﬂected in the Declaration of Independence and the US Constitution Four Democratic Ideals for US Government 1. Natural Rights 2. A Social Contract 3. Popular Sovereignty 4. Limited Government We get all of the ideas from Enlightenment Thinkers - Enlightenment was a time period in mainly Europe during 1500s through 1700s where they questioned the power of the government. Natural Rights Natural Rights - belief that all people have certain God given rights that cannot be taken away Get this idea from two enlightenment thinkers: John Locke and Thomas Hobbes Locke(Life, Liberty, and Property)Unalienable Rights Hobbes we all need government because we an anarchic state does not work. WE WOULD ALL BE APES THROWING POOP AT EACH OTHER A Social Contract A Social Contract - An implicit agreement among the people in a society to give up some freedoms to maintain social order Hobbes/Jean Jacques Rousseau Popular Sovereignty Popular Sovereignty - all government power comes from the consent of its people Rousseau(The Spirit of the Laws) - government led by the people If the government becomes a tyrant than its up to the people to overthrow Limited Government Limited Government - a government’s power cannot be absolute All these ideals make sure that our government is not all too powerful and that the power comes from the people. Limited Government Limited government is ensured by these principles: Separation of Powers Checks and Balances Federalism Republicanism The Framers Shared Ideas by Framers Men at the 1. Human Nature Constitutional Self-centered Convention “love of power and love of money” Franklin GW, Franklin, Hamilton, Madison, Adams, etc 2. Political Conﬂict Uneven distribution of Jeﬀerson calls it an wealth causes factions and conﬂict “assembly of demi-gods” Gov’t must regulate conﬂict 3. Solve problem between “excessive democracy” under AOC and tyranny under King Solution= limited gov’t w/ checks and balances Types of Democracy Topic 1.2 Explain how models of representative democracy are visible in major institutions, policies, events, or debates in the US Types of Democracy 1. Participatory Democracy a. The theory that citizens hold the power in a democracy, emphasizing widespread participation in politics, civic engagement, and the principle of majoritarianism 2. Pluralist Democracy a. Theory that the power in a democracy incorporates the inﬂuence of various groups (interest groups) of individuals with shared beliefs, without allowing any one group to dominate. 3. Elite Democracy a. The theory that power in a democracy is controlled by a few powerful people who have the greatest inﬂuence on policy decisions. Declaration of Independence Review Authored by Thomas Jeﬀerson Philosophy of John Locke Signed by Second Continental Congress Inspired similar documents, movements, and governments throughout history. Seneca Falls Declaration of Sentiments (1848) United Nations Universal Dec. of Human Rights (1948) Scavenger Hunt Find as many Democratic Ideals in the Declaration as you can! Challenges of the Articles of Confederation Topic 1.4 Explain the relationship between key provisions of the Articles of Confederation, and the debate over granting the federal government greater power formerly reserved to the states. The Articles of Confederation Strengths Weaknesses Lack of Central Government Created a “ﬁrm league of friendship” “Government was Weak!!!!” where the states retained “its sovereignty, freedom and independence Won the War Executive Branch could not enforce laws, no taxation, could not raise a national army Northwest Land Ordinance No national court system Created a unicameral Congress Could not regulate interstate commerce Could not coin money Shay’s Rebellion Articles of Confederation 1. Following the Revolutionary War, many farmers in Massachusetts found themselves burdened with crushing debt and facing foreclosure of their property. 2. The Government, under the AOC, did not have the power to tax and, as a result, could no pay the veterans the money they were owed for their military service. 3. Daniel Shays led an uprising of farmers who were facing the loss of their land. The rebellion proved diﬃcult for the government to control due to the lack of a standing military force. 4. Shay’s Rebellion convinced leaders that a strong national government was needed to maintain order and protect property. Government Power and Individual Rights Theme 1.3 Explain Federalists and Anti-Federalist views on central government and democracy. Government Power vs Individual Rights Federalist 10 Brutus 1 Federalists Anti-Federalists Ratification of the US Constitution Theme 1.5 Explain the impact of political negotiation and compromise at the Constitutional Convention on the development of the constitutional system. Compromises at the Convention Great Compromise Balanced needs of Large and Small States - Virginia vs. New Jersey Plans Created a Bicameral Congress ○ Senate = representation ○ House of Rep based on population number ﬁxed at 435 with each state getting a minimum of 1 Compromises at the Convention Compromise on the Importation of Slaves Slavery was a problem in negotiating the Const. Slave-Trade Compromise denied Congress the power to act on slave trade for 20 years. Three-Fifths Compromise counted 60% of the slaves for representation and tax purposes. Compromises at the Convention Electoral College Modern Controversies Compromise with Constitution Debate over method to POTUS is not chosen choose the POTUS directly by the people, Electors are chosen by popular vote the states and vote after the general election It is possible to win EC Electors = #S+#H without winning most Protected the small votes (Bush, Trump) states Compromises at the Convention Amendment Procedure Flaw in AOC was the inability to be amended. Constitution created an amendment process with a supermajority approval at both the state and national levels. Two stage process Proposal Ratiﬁcation ALL IN ARTICLE V to the US CONSTITUTION Constitutional Debates Today Debates for rights of individuals and the role of the federal government USA Patriot Act - after 9/11 (issue threat on civil liberties - 4th Amendment) led to changes by putting in USA Freedom Act Constitutional Debates Today Debates on education - Race to the Top during education used to be up Obama to just states bc of the Every Student Succeeds 10th amendment Act (ESSA) states get to Changed in 1960s with determine standards desegregation and cold but each state has to be war approved by Depart. of No Child Left Behind Ed Act (NCLB) in 2002 called to improve teaching methods and testing for schools. Federalism Types of Federalism Relationship between the States and Federal Government Topic 1.7 Explain how societal needs aﬀect the constitutional allocation of power between national and state governments. Federalism the sharing of powers between the national government and state governments. Powers Exclusive Powers - powers that are delegated to only federal or state governments. ○ Can include Enumerated Powers that are written in the Constitution or Implied Powers that are not speciﬁcally mentioned in the Constitution but are inferred from the Necessary and Proper Clause Concurrent Powers - powers that are held by authorities at both levels of government, state and federal Reserved Powers - those not delegated or enumerated to the national gov’t but are reserved for the state. Fiscal Federalism ⚫ Fiscal Federalism (Revenue Sharing) refers to the pattern of spending, taxing and providing grants in the federal system. In 2010, state and local governments are set to receive $480 billion in federal grants. 1. Categorical grants - national funding that is restricted to speciﬁc categories of expenditures, is preferred by the national government, and is most commonly used ⚫ Head Start program grants provide money for early childhood education ⚫ Medicaid program provides healthcare funding for eligible low-income families and individuals 2. Block grants - national funding with minimal restrictions to the states on its use and is preferred by the states ⚫ States spend as they see ﬁt ⚫ Community block grants from US HUD. ⚫ Nixon and Reagan (GOP) uses these. Fiscal Federalism con’t ⚫ Mandates – a federal rule imposing an obligation on states, but spending is at state’s discretion. ⚫ Most common – civil rights and environmental ⚫ Examples ⚫ Civil Rights Act of 1964 mandates forces states not to discriminate against people because of race, sex, age, or ethnicity ⚫ The National Minimum Drinking Age Act of 1984 conditioned receipt of federal highway funding with compliance to drinking age. ⚫ Unfunded mandates – federal rule that imposes an obligation on state and local governments without providing help to pay the costs. ⚫ Handicapped Children’s Protection Act (1986) – required public schools to build ramps and provide special busses but did not give states any money to provide these services. ⚫ American with Disabilities Act (1990) prohibits discrimination against disabled Americans and requires states to comply with costly access requirements, but no federal funds were given. Devolution ⚫ Devolution the action of giving power back to the states. ⚫ In the 1980s, Reagan began to give out more block grants to the states to give them more power Party Positions on fiscal policy Democrats Republicans Liberal Description Conservative More Federal Control Less Categorical Grants Types of Grants Block Grants Let states administer federal Federal Government should Position on $$$$ programs because they know be the watchdog of the $$$ the constituents better LBJ’s Great Society Historical Example Reagan’s New Federalism Federal controlled programs Redistribution of Wealth Other That’s my money Constitutional Interpretation of Federalism Topic 1.8 Explain how the balance of power between national and state governments has changed over time based on interpretations of the Supreme Court of the United States. The Cardinal Question ⚫ When talking about the relationship between the national government and state governments Pres. Woodrow Wilson stated “it is the cardinal question of our constitutional system.” Constitutional Definition of Federalism Federal Power ⚫ Commerce Clause - gives ⚫ Enumerated Powers power to congress “regulate commerce with through Section 8 of other nations, and among Constitution the several states. ⚫ Power to tax, borrow ⚫ Necessary and Proper money, raise an army, (Elastic) - Congress shall create postal system, have power to make all address piracy on the laws which shall be seas, and deﬁne the necessary and proper for immigration and carrying into execution naturalization the foregoing powers process. Section 9 ⚫ Tells congress what they cannot DO! ⚫ like cannot tax exported goods ⚫ congress cannot take away the right of Habeas Corpus(right to be formally charged after an arrest) ⚫ Cannot create ex post facto laws (making an act illegal after one has committed it. States Powers ⚫ Tenth Amendment - any powers not mentioned to the national government are reserved for the state ⚫ Fourteenth Amendment - creates the equal protection clause makes states guarantee privileges and immunities to its own citizens McCulloch v Maryland McCulloch v Maryland Congress had chartered a National Bank in 1816. Maryland Background tried to tax the NB branch in their state. The Maryland branch refused to pay the tax. Case went to the Supreme Court. 1. Does the Constitution permit Congress to charter a bank? Constitutional 2. Does a state have a constitutional right to tax an agency of Questions the US government? 1. Yes, Implied from Congress’ power to impose taxes, issue Court Decision currency, and borrow money. 2. No, it violates the Supremacy Clause 1. Conﬁrmed the right of Congress to utilize Implied Powers. Signiﬁcance 2. Validated the Supremacy of the National Government. Gibbons v Ogden Gibbons v Ogden The NY legislature granted Aaron Ogden an “exclusive license” to operate a ferry on the Hudson River between NY Background and NJ. Gibbons obtained the same license from the federal government. 1. Did the NY law violate the Constitution by regulating Constitutional interstate commerce? Questions 2. Does Congress have the exclusive right to regulate interstate commerce? 1. Chief Justice John Marshall deﬁned commerce as “all business dealing…” including “…production, buying, Court Decision selling, renting and transporting goods.” 2. Gibbons right to compete was upheld. Marshall’s broad deﬁnition allows Congress to promote Signiﬁcance economic growth in America. The Issue of Nullification ⚫ John C. Calhoun argued that a state can nullify or refuse to recognize an act of Congress. ⚫ The Civil War was not just a conﬂict over slavery, but a dispute between the Southern states and the national government. ⚫ Because the North wins the doctrine of Nulliﬁcation is refuted and the national government is supreme. Expanding the Commerce Clause ⚫ The commerce clause has played a key role in the expansion of federal power. ⚫ Example: the federal govn’t now regulates radio signals, telephone messages, ﬁnancial transactions, etc. ⚫ The Supreme Court upheld the 1964 Civil Rights Act forbidding discrimination in the workplace on the basis of its power to regulate interstate commerce ⚫ Heart of Atlanta Motel Case (1964) *Throughout the 20th century ⚫ Commerce Clause used to outlaw the SCOTUS allowed segregation. Congress to expand their powers through the Commerce Clause The Issue of School Desegregation ⚫ 1954, Brown v Board upheld that school segregation was unconstitutional. ⚫ Pres. Eisenhower sent federal troops to Little Rock’s Central High School to enforce school *Throughout the 20th desegregation. century the SCOTUS allowed Congress to expand their powers through the Commerce Clause Restrictions on Commerce US v Lopez Alfonso Lopez was a 12th grade student who carried a gun and ammunition into his Texas HS. He was convicted of Background violating the federal Gun-Free School Zone Act of 1990 making it illegal to possess a gun on school property. He was sentenced to 6 months prison and 2 yrs. probation. Does the federal government have the authority to regulate Constitutional ﬁrearms through the federal Gun-Free School Zone Act Questions within states under the Commerce Clause? The court ruled the (GFSZA) was unconstitutional b/c Court Decision Congress lacked the power regulate carrying handguns under the Commerce Clause. Marked a departure from the Court’s willingness, throughout the 20th century, to accept a very broad range Signiﬁcance of activities as legitimate subjects of Congress under the Commerce Clause. Federalism in Action Topic 1.9 Explain how the distribution of powers between national and state governments impacts policymaking. Federalism in Acton The New Deal was FDR’s The Great Society or plan to get US out of War on Poverty was Great Depression. Johnson’s strategy to again help poor in America. Environmental Policymaking ⚫ Executive branch and background on environmental policy - Teddy Roosevelt(1901-1909) ⚫ Sets aside 230 million acres of land for public lands ⚫ Creates National Forest Service ⚫ National Parks Congress on Environmental Legislation ⚫ Environmentalist ⚫ Clean Water Act activists vs. ⚫ Endangered species Conservative free act market thinkers starts in the 1970s ⚫ National Environmental Policy Act - environmental impact plans ⚫ Clean Air Act Clashes between branches over environmental policy ⚫ EPA (Environmental Protection Agency) - makes states set standards on EP ⚫ Put limits on mercury but would cost businesses over $10 Billion ⚫ Supreme court strikes down Disagreements over Climate Change ⚫ Climate Change more of a recent issue that people bring up ⚫ World came together to sign agreements but US did not join either ⚫ Kyoto Protocol ⚫ Paris Agreement ⚫ Led to states passing their own laws in some states Political Participation and Policy Making ⚫ Timeline of Legalizing ⚫ After 1970s more of Marijuana public opinion was in ⚫ By the 1930s after the favor of legalizing it release of the ﬁlm ⚫ In 1996, California let Reefer Madness most its people vote on it states decriminalized and passed it marijuana ⚫ Ohio said no ⚫ After Hippies in the ⚫ About half the states 1960s, in 1970 legalize it in Controlled ⚫ Issue since federal law Substances Act put is created then how harsh punishments can states make their on drugs own Federalism in Action ⚫ Devolution revolution – refers to a movement to transfer responsibilities of governing from the federal government back to the state and local government. This was Reagan’s New Federalism – giving power back to the states. ⚫ Welfare Reform Act (1996) – gave the states money to run their own welfare programs. States had wide discretion of how to transfer people from welfare to work. Federalism in Action ⚫ 1992 – Clinton elected to Presidency with control of both houses of Congress ⚫ 1994 Republican plan to gain control of Congress ⚫ Contract with America prohibits unfunded mandates – Newt Gingrich ⚫ tax cuts ⚫ welfare reform ⚫ smaller federal government ⚫ Welfare Reform Act 1996 - Clinton ⚫ shift from fed entitlements to block grants. ⚫ Recipients must look for work ⚫ Mandated states ﬁnd dead-beat dads who did not pay child support ⚫ Defense of Marriage Act (DOMA) (1996) vs state marriage laws Modern Day Issues ⚫ Federal response to ⚫ State-level legalization natural disasters such of marijuana for as Hurricane Katrina personal use as in and Sandy Colorado and Washington (2012) Civil Liberties AP Government and Politics Theme 3 The Bill of Rights Topic 3.1 Explain how the U.S. Constitution protects individual liberties and rights. Describe the rights protected in the Bill of Rights. Why was the Bill of Rights added to the Constitution? AP GOV’s Definition of Civil Liberties are constitutionally established guarantees and freedoms that protect citizens, opinions, and property against arbitrary government interference. 1791 Does the Bill of Rights apply to the Federal Government the State Government or both governments? The Incorporation Theory Topic 3.7 Explain the implications of the doctrine of selective incorporation. The Doctrine of Incorporation Theory of incorporation - forces states to abide by rights set forth in US Constitution. Full, Partial (Select), Non Incorporation (of the Bill of Rights) is the American legal doctrine by which portions of the Bill of Rights are applied to the states through the Due Process Clause of the Fourteenth Amendment. When the Supreme Court only incorporates a particular portion of an amendment it is called selective incorporation. The Doctrine of Incorporation is important because it allows the national government to overturn states and local practices. Example: Before Gideon v Wainwright, Florida did not provide lawyers for accused people. This court case gave people in all states that right. th 14 Amendment After the Civil War... “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.” Due Process Clause Equal Protection Clause McDonald v. Chicago McDonald v. Chicago Otis McDonald brought suit to the city of Chicago after Background Chicago put requirements on registering your handguns and then making it almost impossible to register. Does the Second Amendment apply to the states, by way of Constitutional the Fourteenth Amendment, and thus prevent states or Questions their political subdivisions from banning citizen ownership of handguns? 5 to 4 in favor of yes. Because of the 14th Amendment that gives the due process clause that the second amendment Court Decision protects the ownership of ﬁrearms for self-defense purposes. Selective incorporation for the ownership of guns is Signiﬁcance applicable for the states. Grading Scale 6=A+ 5 = B+ 4 = B- 3 = C Incorporation Doctrine FRQ 2=D 1=F Many scholars and observers have argued that the ratiﬁcation of the Fourteenth Amendment to the Constitution has become the single most important act in all of US Politics. Due Process Clause Equal Protection Clause Put the following cases under the correct clause by which the Supreme Court used to interpret that case. Brown v Board of Ed. Baker v Carr Gideon v Wainwright Regents of Calif v Bakke Miranda v Arizona Mapp v Ohio Incorporation of The First Amendment Freedom of Religion Topic 3.2 Explain the extent to which the Supreme Court’s interpretation of the First and Second Amendments reﬂects a commitment to individual liberty. Freedom of Religion The Establishment Clause The Free Exercise Clause Which one of these religious freedoms is the most important to you? The Establishment Clause Forbids the government from supporting any particular religion or creating a national religion. Jeﬀerson wrote that this clause created “a wall of separation between Church and State” The Establishment Clause School prayer Engle v Vitale (1962) State sponsored prayer violated the Establishment Clause and “breaks the constitutional wall of separation between Church and State.” Wallace v Jaﬀree (1985) Ruled that moment of silence was unconstitutional if intended for prayer. Aid to parochial schools Lemon v Kurtzman (1971) Aid to church-related schools must meet the “Lemon Test” by passing these 3 test 1. have a secular purpose that neither endorses nor disapproves of religion 2. Have an eﬀect that neither advances nor prohibits religion 3. Avoid creating a relationship between religion and government that entangles either in the internal aﬀairs of the other Free Exercise Clause Prohibits the government from interfering with the practice of religion. The Free Exercise Clause This clause guarantees each person the right to believe and practice what they want; however, a religion cannot make an act legal that would otherwise be illegal. Oregon v Smith (1990) Outlawed illegal drugs to be used for religious practices Limits on Free Exercise: Reynolds v US (1879) Supreme court ruled polygamy was unconstitutional because “beliefs would be superior to the law of the land.” Wisconsin v Yoder () Amish people can remove children from school for religious purposes. First Amendment (Religion) - FRQ The First Amendment contains two clauses relating to the freedom of religion. a) For each of the following cases, identify the First Amendment clause upon which the US Supreme Court based its decision and describe the court’s decision in that case. Engle v Vital Reynolds v US Oregon v Smith Lemon v Kurtzman b) Many of the Supreme Court decisions have caused controversy in the United States. Describe two ways in which other political institutions might limit the impact of those decisions. First Amendment Freedom of Speech Topic 3.3 Explain the extent to which the Supreme Court’s interpretation of the First and Second Amendments reﬂects a commitment to individual liberty. Get out your Court Case Notecards National Incorporation Freedom Freedom Rights of Rights Supremacy Doctrine of Speech of the to Cases Cases and Press Religion Accused Privacy Marbury Barron Engle v v v Madison Baltimore Vitale McCulloch Gitlow Wallace v v v Maryland New York Jaﬀree Gibbons Reynolds v v Ogden US Fletcher Wisconsin v v Peck Yoder Freedom of Speech The Framers believed that the right to free speech is a fundamental natural right. Speech, including symbolic speech ( nonverbal action that communicates an idea or belief), is protected by the First Amendment Limits on Free Speech 1. Libel and Slander Libel = written defamation and Slander = spoken defamation New York Times v Sullivan (1964) Ruled that statements about public ﬁgures are libelous only when both false and purposely malicious. 2. Obscenity - laws created in the late 1800s to for anything obscene Court does not give deﬁnition of obscenity but in 1964 Justice Potter Stewart describes it as “I know it when I see it Roth v US (1957) Obscenity is not protected by free speech or press, sending pornography through the mail Miller v California (1973) The Court set a list of test for obscenity, but it is up to each community to implement these tests. Limits on Free Speech 3. Symbolic Speech Tinker v Des Moines (1969) Required Case Symbolic speech is protected by the 1st Amendment freedoms and “students and teachers do not shed their constitutional rights… at the school house gate.” Arm bands to protest Vietnam War. West Virginia Board v. Barnette had to salute the ﬂag. SC says no Texas v Johnson (1989) The court ruled that ﬂag burning is a form of symbolic speech and is protected. The court has since ruled that the 1st Amendment does not protect actions intended to incite illegal actions. Time, place, and manner regulations Impose restrictions such as limits on the time of day an event can be held, limits on where an event can be held, and limits on the noise levels at an event Time, Place, and Manner Test Certain neutral regulations Don’t restrict actual words, just where, when, how Morse v. Frederick Bong hits 4 Jesus The “Clear & Present Danger” Test The Espionage Act of 1917 prevented forms of dissent that are harmful to the nation’s war eﬀort. Charles Schenck mailed 15,000 anti-war leaﬂets urging readers to resist the military draft. Schenck v US (1919) Required Case Every act depends on the circumstances “Cannot yell ﬁre in a theatre...” st Created a precedent that 1 Amendment guarantees of free speech are not absolute. Brandenburg v Ohio (1969) advocacy (supporting the KKK is free speech) advocacy is diﬀerent than action (action = lawlessness) Limited clear and present danger by ruling “government could punish only if action directly inciting lawless action” First Amendment Freedom of the Press Topic 3.4 Explain the extent to which the Supreme Court’s interpretation of the First and Second Amendments reﬂects a commitment to liberty. Freedom of the Press Although the Framers included press freedom in the First Amendment as a speciﬁc right, freedom of the press is closely related to freedom of speech and has generally been interpreted as such. NO CASE has recognized the press as having rights distinct from free speech. Prior Restraint Prior Restraint is the attempt to limit freedom of the press by preventing material from being printed; thus, a form of censorship. Both of these cases tests the idea of prior restraint. New York Times Co. v US (1971) Court allowed printing of Pentagon Papers because they could not ﬁnd any harm Hazelwood v Kuhlmeier (1988) School administrators can exercise censorship in school sponsor activities. The government may not restrict publication of information critical of government oﬃcials. Oﬃcials who are criticized may, however, sue for libel. Heavy Presumption against Prior Restraint if someone is asking to keep something out of the press bc of national fear security it has to be really national security reasons Balancing Social Order with Personal Freedoms and Second Amendment Right to Bear Arms Topic 3.5 Explain the extent to which the Supreme Court’s interpretation of the Second Amendment reﬂects a commitment to individual liberty. Topic 3.6 Explain how the Supreme Court has attempted to balance claims of individual freedom with laws and enforcement procedures that promote public order and safety Second Amendment “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” Historically - because the 2nd Amendment refers to “a well regulated militia” it has been historically interpreted as applying to the militia (or National Guard) and not to private citizens District of Columbia v Heller 2008 It was not until this case that the Supreme Court held that the 2nd Amendment granted the right to keep weapons to private citizens generally. However, because the D.C. is federal territory and not a state, it only applied to the federal government. McDonald v Chicago (2010) A Chicago ordinance banned the ownership of handguns. Otis McDonald lived in a dangerous neighborhood and had been the victim of crime in his home several times. He sued the city for violating his rights. ? Does the 2nd Amendment apply to the states. Ruling… Yes, states cannot deny people the right to bear arms. United States v Lopez United States v Lopez (1995) was a landmark Supreme Court decision where the SCOTUS ruled that Congress cannot use the Commerce Clause to make possession of a gun in a school a federal crime. National and State Laws National Firearms Act - required registration of certain weapons, imposed tax on the sale and manufacture of some guns, and restricted the sale and ownership of high risk weapons like sawed oﬀ shotgun or machine Gun Control Act of 1968 - banned the sale of guns to felons, fugitives, illegal drug users, people with mental illness, and dishonorably discharged. Brady Bill - established a ﬁve day waiting period for handgun purchases to allow for background checks Can ﬁnd a way around through gun shows 2nd Amendment Social Order Personal Freedoms Debates with individual freedom with public order and safety 8th Amendment 2nd Amendment No cruel or unusual Debates over school punishment shootings led to argument issue over death penalty between individual freedom Furman v. Georgia - and public order outlawed bc of disparity in NRA always on individual race with death penalty freedom Gregg v. Georgia death penalty not cruel and unusual punishment does deter people Guantanamo Bay with interrogations Since USA Patriot Act 4th Amendment issue now over cell phones No illegal search or seizures and metadata protects against Metadata is all the unreasonable searches cellphone communication Courts can issue search information minus the warrants if they have actual conversation probable cause - a reasonable amount of suspicion that a crime has been committed. Rights of the Accused Topic 3.8 Explain the extent to which the government is limited by procedural due process from infringing upon individual rights Due Process 5th and 14th Amendment Substantive due process - right to sue government if constitutional rights are violated. Example: Brown v. Board Procedural due process - legal process government uses against I should have pled a person in a criminal case. the 5th since I did Right to counsel not know that lying Self incrimination under oath was an impeachable oﬀense. 14th Amendment Due Process Theory of incorporation - forces states to abide by rights set forth in US Constitution. Full, Partial (Select), Non Palko v. Conn (1937) Palko tried once for murder and received life in jail. State appealed, he was retried and got gas chamber. This is an example of Non- incorporation b/c 5th and Double Jeopardy didn’t protect him in state case. Later overturned by Benton v. Maryland to incorporate 5th Searches & Seizures Fourth Amendment protects us from unreasonable searches and seizures. The Exclusionary Rule Established in Weeks v US (1914) Prohibits evidence obtained illegally from being used, but it only applied to federal cases. Extended in Mapp v Ohio (1961) and applied to the states through the Due Process Clause of the 14th Amendment. Riley v. California - need warrant for cellphone Issues today with 4th Amendment New Jersey v. TLO - not same rules for schools issues over metadata because of the patriot act declaring “war on terror” gets around due process The Miranda Rule The 5th Amendment states that no person “shall be compelled to be a witness against himself.” Miranda v Arizona (1965) Forces states to instruct suspects of their rights upon their arrest. Public Safety Exemption Right to Counsel Gideon v Wainwright (1963) This court case applied the 6th Amendment right to a lawyer to the states (speciﬁcally Florida). Due Process and The Right to Privacy Topic 3.9 Explain the extent to which the government is limited by substantive due process from infringing upon individual rights. Right to Privacy The Bill of Rights does not speciﬁcally mention Privacy, but it can be implied by the following amendments… 1. 1st Amendment – Freedom of Religion 2. 3rd Amendment – Prohibit soldiers in our house 3. 4th Amendment – our protection from search and seizures 4. 5th Amendment – Private property cannot be seized without “due process of law” Right to Privacy Griswold v Connecticut (1965) Estelle Griswold challenged the 1879 law that prohibited “any drug, medicinal article or instrument for… contraception.” The court ruled that this law violated the right to marital privacy. This was an important precedent for the Roe v Wade (1973) decision to legalize abortion. Challenges to Roe v Wade Webster v Reproductive Health Services (1989) Upheld a Missouri law prohibiting abortion (except to preserve mother’s life) in any public hospital or clinic Planned Parenthood of Southeastern Penn. v Casey (1992) Ruled that states may place “reasonable burden” on a woman’s right to have and abortion. Example: 24 hour waiting period and parental consent for a minor. Dobbs vs Jackson Women’s Health Organization (2022) Overturned Roe v Wade Eliminated Federal standards and allows states to establish laws protecting or restricting abortion. Extending Marriage Privacy Reynolds v US (1879) Supreme court ruled polygamy was unconstitutional because “beliefs would be superior to the law of the land.” Loving v Virginia (1967) is a landmark decision of the US Supreme Court that struck down a Virginia law banning interracial marriage as a violation of the Equal Protection Clause of the 14th Amendment. Obergefell v Hodges (2015) is a landmark civil rights case in which the Supreme Court ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and Equal Protection Clause of the 14th Amendment.

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