Lecture 4: The Bill of Rights and Civil Liberties PDF

Lecture 4 The Bill of Rights and Civil Liberties Natural Rights Natural Rights __________________________________ The idea that one is born with a set of rights that no government can take away. If we believe to have such rights naturally, no government can take them away. Civil Libertie...

Lecture 4 The Bill of Rights and Civil Liberties Natural Rights Natural Rights __________________________________ The idea that one is born with a set of rights that no government can take away. If we believe to have such rights naturally, no government can take them away. Civil Liberties ____________________________ Individual freedoms guaranteed by the Bill of Rights and the text of the Constitution itself, which limit government action against infringement of individual rights. First Amendment 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. First Amendment Protections: speech Freedom of _____________________________– Express opinions without government censorship. religion Freedom of _____________________________– Practice (or not practice) any religion freely. press Freedom of the __________________________– Publish information without government control. assembly Freedom of _____________________________ – Peacefully gather and protest. petition Right to __________________________________– Request changes from the government. First Amendment Limitations Incitement to Violence _______________________________________– Encouraging illegal action is not protected. Threats & Harassment ____________________________________– Direct threats and repeated harassment can be restricted. Obscenity ______________________________________ – Extreme sexual content without value can be regulated. Defamation ___________________________________– False statements harming reputations can lead to lawsuits. Commercial Speech _______________________________________________ – Misleading advertisements are not protected. National Security ____________________________________________________ – Leaking classified info can be restricted. Time, Place & Manner _____________________________________________ – Speech can be regulated to prevent disruptions. Copyright ___________________________________________– Unauthorized use of copyrighted material is illegal. Fighting Words ______________________________________– Speech provoking immediate violence can be restricted. Second Amendment 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. Second Amendment Individual vs. Collective Right Historically debated: Collective right ______________________________– Only for militias (e.g., National Guard). Individual right ______________________________ – Personal right to own firearms. Modern interpretation: The Second Amendment protects an individual’s right to own firearms.  Second Amendment Limitations Government Can Regulate Firearms: Courts allow reasonable restrictions, such as: Background checks ___________________________________________for gun purchases. Bans on firearms for felons or mentally ill ___________________________________________ individuals. Restrictions on carrying weapons in sensitive places ___________________________________________ (e.g., schools, government buildings). Laws against fully automatic weapons and certain high-capacity ______________________________________firearms. Fourth Amendment Due Process Rights – 4th – 8th amendments 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. Fourth Amendment Key Protections Protects individuals from unreasonable searches ________________ seizures and __________________ by the government. probable cause Requires____________________________ a warrant and _______________________ for most searches. Applies to homes, personal property, and communications (e.g., phones, emails). Fourth Amendment Limitations Exceptions to the Warrant Requirement Consent ___________________ – If a person agrees to a search, no warrant is needed. Plain view ___________________ – If illegal items are clearly visible, they can be seized. Urgent circumstances ___________________________________________________________________– Immediate action is needed to prevent harm or destruction of evidence. Search incident to arrest ___________________________________________________________________– Police can search a suspect and their immediate surroundings. Automobile exception ___________________________________________________________________– Vehicles can be searched without a warrant if police have probable cause. Stop & frisk _______________________________________ – Police can briefly detain and pat down individuals if there is reasonable suspicion of a crime. Fifth Amendment Due Process Rights – 4th – 8th amendments 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 offence 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. Fifth Amendment Key Protections self-incrimination Right Against __________________________________________ – No one can be forced to testify against themselves ("Pleading the Fifth"). double jeopardy Protection Against_____________________________________ – Cannot be tried twice for the same crime once acquitted. due process Right to_____________________________________________________ – The government must follow fair legal procedures before depriving life, liberty, or property. Grand jury indictment _______________________________________________ – Serious criminal charges require a grand jury review before trial. Eminent domain & just compensation _________________________________________________________________– The government can take private property for public use but must provide fair payment. Fifth Amendment Limitations No Protection for physical evidence ________________________________________________– Applies only to verbal/written statements, not fingerprints, DNA, or blood tests. Double jeopardy __________________________________________– Retrial allowed in mistrials, state & federal courts, or civil lawsuits after acquittal. Eminent domain _______________________________________________– "Public use" can include economic development, and compensation may be disputed. Delayed due process ___________________________________ – Authorities can detain suspects or seize assets before a full trial. Grand Jury _______________________________________________– Only required in federal cases, not by all states. Sixth Amendment Due Process Rights – 4th – 8th amendments 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.  Sixth Amendment Key Protections Speedy & public trial _________________________________________ – Prevents indefinite detention and ensures transparency in proceedings. Impartial jury _________________________________________________ – Guarantees a fair trial by a jury of peers. Notice of charges __________________________________________________ – Defendants must be informed of accusations against them. Right to obtain witnesses ______________________________________________________ – Right to question witnesses testifying against them. Confrontation clause __________________________________________________________– Defendants can compel witnesses to testify in their favor. Right to legal counsel ___________________________________________________– Guarantees a lawyer, even if the defendant cannot afford one. Sixth Amendment Limitations "Speedy trial" ___________________________________________ - Not clearly defined. Courts decide on a case-by-case basis if delays violate rights. Jury selection can be contested ______________________________________________________– While juries must be "impartial," bias in jury selection still occurs (e.g., racial or gender bias). Confronting witnesses ______________________________________________________– Testimonies from child victims or certain unavailable witnesses may be allowed without direct confrontation. Legal counsel may be waived ______________________________________________________– Defendants can represent themselves, but this may lead to unfair trials (self-representation is risky). Seventh Amendment Due Process Rights – 4th – 8th amendments 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 re-examined in any Court of the United States, than according to the rules of the common law. Seventh Amendment Key Protections civil cases Right to a Jury Trial in _________________________– Applies to lawsuits where damages exceed $20. overreach Limits Judicial _____________________________– Once a jury decides a case, higher courts cannot overturn factual findings (only legal errors can be reviewed). federal courts Applies Only to______________________________– The amendment does not require states to provide jury trials in civil cases. Seventh Amendment Limitations Federal courts only __________________________________________– States aren't required to provide jury trials in civil cases. No jury for cases under $20 __________________________________________– Applies only if the disputed amount exceeds $20. Judges can overrule juries _________________________________________– Verdicts may be set aside for insufficient evidence or legal errors. Eighth Amendment Due Process Rights – 4th – 8th amendments Amendment VIII: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Eighth Amendment Key Protections No excessive bail ____________________________________– Prevents courts from setting unreasonably high bail amounts. No excessive fines ____________________________________– Protects individuals from unfairly large financial penalties. No cruel & unusual punishment ____________________________________– Prevents inhumane or disproportionate punishments. Eighth Amendment Limitations Bail can be denied _________________________________________________– Judges can refuse bail for severe crimes or if the defendant is a flight risk. Cruel & unusual punishment is subjective _________________________________________________– Courts decide case-by-case, meaning some harsh punishments (e.g., long solitary confinement) may still be allowed. Excessive fines clause does not apply to Private lawsuits _________________________________________________– Only government-imposed fines are restricted. Nineth Amendment Amendment IX: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Nineth Amendment Key Protections Protects Unlisted Rights _________________________________________________ – Ensures that rights not explicitly mentioned in the Constitution still belong to the people. Prevents Government Overreach _________________________________________________– Stops the government from limiting freedoms simply because they aren’t listed in the Bill of Rights. Supports Expanding Rights _________________________________________________– Used to justify rights such as privacy, marriage, and bodily autonomy. Ninth Amendment Interpretations Personal autonomy & liberty ______________________________________________– Supports freedoms beyond the Bill of Rights (e.g., parental rights, medical decisions, bodily autonomy). Expanding Civil Rights ______________________________________________– Used in cases like Obergefell v. Hodges (2015) and for evolving issues like end-of-life choices and consumer privacy. Right to privacy __________________________________________ – Implied in multiple amendments (1st, 4th, 5th, 9th) to justify privacy protections. Tenth Amendment 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.  Tenth Amendment Key Protections Limits federal power ______________________________________– The federal government only has powers specifically granted by the Constitution. Reserves power for states _______________________________________– Any power not given to the federal government belongs to state governments or the people. Supports federalism _______________________________________– Balances state and federal authority, allowing states to make independent laws on issues like education, healthcare, and policing. Tenth Amendment Limitations Supremacy Clause _____________________________________________________– Federal law overrides conflicting state laws. Necessary & Proper Clause _____________________________________________________– Expands federal power beyond listed powers. Commerce Clause _____________________________________________________– Allows broad federal regulation of economic activity. Fourteenth Amendment _____________________________________________________– Federal government protects individual rights over state laws. Federal Spending Power _____________________________________________________– Conditions on funding influence state policies. Supreme Court Rulings _____________________________________________________– Cases often expand federal authority.