PSYC 3322 1st Edition Lecture 7 Outline of Last Lecture I. The Constitution: The Bill of Rights and the Fourteenth AmendmentII. Freedom of ExpressionOutline of Current Lecture II. Freedom of ReligionIII. The Right to Bear ArmsIV. The Right to PrivacyV. Right to Persons Accused of CrimesVI. Rights and the War on TerrorismCurrent LectureFreedom of ReligionFirst Amendment- “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…”The Establishment Clause- The government may not favor religion over no religion.- “Wall of separation” vs “excessive entanglement.”- Lemon Test—the conditions for acceptable government action.The Free Exercise Clause- Government prohibited from interfering with the practice of religion.- Government interference allowed when exercise of religious belief conflicts with an otherwise valid law.- Government may not prohibit free exercise of religion.The Right to Bear Arms- Widely accepted view that the Second Amendment blocked the federal government from abolishing state militias.These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.- In the District of Columbia v. Heller (2008) the court ruled “the Second Amendment protects and individual right to possess a firearm.”The Right to Privacy- Griswold v. Connecticut.- Americans have a “zone of privacy” that cannot be lawfully denied:o Abortion Protected as right of privacy in Roe v. Wade.o Sexual relations among consenting adults Anti-sodomy laws in states struck down in the Supreme Court in ’03.Right to Persons Accused of Crimes- Procedural due process: procedures that authorities must follow before a person can lawfully be punished for an offense.- Suspicion phase:o No police search unless probable cause that a crime occurred. (4th Amendment.)o Not a blanket protection; some warrantless searches are allowed based on the situation.- Arrest phase:o 5th Amendment protection against self-incrimination.o Miranda v. Arizona. Miranda warning.Rights and the War on Terrorism- WWII detention of Japanese Americans- Detention of enemy combatants- Surveillance of suspected
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