American Government Snow Day Notes - Civil Liberties – By virtue of being human, all individuals are in possession of certain natural rights -(Framers (didn’t believe everyone was human/slaves/women/natives) wanted bill of rights (10 amendments) -All individuals deserve certain natural rights (Freedom from govt interference/constraint) -Certain liberties that cant be restricted (White propertied men) - Civil liberties are rights that cannot be restricted by government regardless ofethnicity, gender or citizenshipo That used to not be the case because of the limited view of who was considered humano The story of the Constitution can be seen as a story of inclusion as different groups have been afforded protectionPropertied men, men, women, ethnic minorities, 18 – 21 year olds.-Freedom? What is it to be free? -Natural rights, (Libertarians) “absence of restraint”(Conservatives don’t believe this), I control myself. -Constraint = freedom -Freedom isn’t as as simple as it seems , comes with certain conditions - Civil Rights - By virtue of being human, all individuals are in possession of certain natural rightso To enjoy the full benefits of citizenship, individuals have to be able to be able and allowed to be full participants in societyo In the democratic sense they have to be able participate through voting and other forms of democratic participationo In the economic sense, they have to be protected against unfair discrimination-Radical Republicans-Things done to help freed slaves get on their feet -Lincoln shot but Andrew Johnson wanted South back in the Union, helping freed slaves were enforced - South returned to antebellum roots until 1965 (Fed govt finally stepped in) -No army to impose reconstruction Andrew Johnson opposed it anyway. Civil Liberties (Freedom FROM govt interfere) vs Civil Rights (Freedom TO govt interference) -1865: Civil war/slavery/imposing on liberties- End of civil was south is in ruins, constitution – civil rights - ‘--- Free education for free salves--- and reformation/ NO MORE SLAVE PLANTATIONS -KLAN enforced antebellum rules - What’s the difference between the two?o A good shorthand way to remember the difference between civil liberties and civil rights is to distinguish between Civil Liberties – the freedom “from” Civil Rights – the freedom “to”o First, Civil Liberties…..-Civil liberties was discussed at the convention -If you pout those liberated into the constitution they would suffer because of the interpretation would slice it away.-Bill of rights: list of civil liberties (ways the govt cant intervene in your life)*Speech: Example of Defaming (Saudi Arabia) *Madison predicted that we would lose out by including liberties in the constitution (Compare to the British) *Challenged speech rights: Nixon Administration Freedom of Expression- The Early Period: The Uncertain Status of the Right of Free Expression- The Modern Period: Protecting Free Expressiono Free Speecho Press Freedom and Prior Restraint- Free Expression and State Governmentso The Fourteenth Amendment and Selective Incorporation Selective Incorporation – using the Fourteenth –m - Amendment to make the Bill of Rights applicable to the stateso Limiting the Authority of States to Restrict Expression- Libel and SlanderObscenity14th Amendment: Abolished slavery Courts generally allow federal law to apply but there are exceptions Example: Emory speaking out of writer denying the holocaust Rights of Persons Accused of CrimesSelective Incorporation of Procedural Rights Limits on the State’s Powers The Exclusionary Rule (If police do something illegal and obtain evidence then evidence is excluded) – incentive to do it all right  Habeas Corpus Appeals (Hand the body over – If your arrested the court has to demonstrate reason for holding u, if it cant then cant hold u)  Rights and the War on Terrorism Detention of Enemy Combatants Surveillance of Suspected Terrorists-Aren’t given the rights we having in America. -The federal government can’t figure out what to do with G. bay. -The courts defer the needs of national security.-War on terrorism has to in for the constitution to be enforced Freedom of Religion (PP) -Free exercise clause- the govt cant interfere with peoples exercise of religion -Establishment clause – reflection of the fact that the framers didn’t want to have a state religion, govt shall not participate in establishing a religion -Become to the US for freedom of religion -PROBLEM: All sorts of conflict related to this (EXAMPLE) Prayers at the graduation ceremony.** Why should the state out in God we trust on the license plate , against establishment clause ? The Right of Privacy The idea of a constitutional penumbra-Notice NO rights to privacy in the constitution-It is something the courts decided is a logical consequence of what the constitution says -1965 courts rules ^, it is an implication of what the constitution says ------ -(--Contraceptives sold in Connecticut (illegally) by a man named griswald) – becomes important later on. Abortion and the Right to Privacy (PP) Roe v. Wade (Court had to under what conditions and when)  Is the abortion procedure a constitutionally protected act pursuant to the penumbra of the right to Privacy Yes: It is essentially a medical procedure to be performed at the discretion of the patient and doctor No: It is the murder of a living being and is therefore subject to the public’s scrutiny Yes and No: When does the fetus become a human being?-National security vs Rights of the individual (conflicting needs) -“Is the fetus or not, and when does it become a human because when its human its apart of the bill of right . “Parents can’t murder you” CIVIL RIGHTS-Democracy: people govern themselves: Participation (voting), linkage (connection/govt does and what u want- periodic elections), Freedom of Speech/Press-Electoral college = undemocratic -Freedom: The real ability to do whatever you want? -Problems of being the absence of constraint: (we need restraint or we are animals)-WONT WORK -The Social Contract: we have to give up rights to the govt/to get rights. -WHAT DOES THE GOVT HAVE TO DO TO GAURANTEE PEOPLE THERE FREEDOM? The Quest for Equality Under the Law Question One: What is necessary for the individual to exercise his/her full rights as a citizen?What is real opportunity? The Question of “opportunity” – What