Civil Liberties and Supreme Court Decision Making 1 19 16 What do we mean by Civil Liberties Why Study Civil Liberties basic human freedoms we associate with condition of being free procedural rights when government wants to deny us life liberty or property right to be treated fairly and equally by government economic rights generally not considered civil liberties civil liberties law tells us about our society and how it has evolved helps us understand American politics tells us about development of the US Supreme Court as political institution tells us about development of constitutional law forces us to confront our hierarchy of values How we study civil liberties historical approach political approach behavioral approach doctrinal approach Aims objectives of Course How Supreme Court works as a legal institution Introduce some landmark civil liberties decisions Gain insight into how constitutional law evolves and how our concept of rights has evolved Problem areas develop own hierarchy of values and informed positions Civil Liberties through the Marshall Court The Alien and Sedition Acts 1798 No civ Liberty guarantee of Constitution came before Court until Civil War Sedition Act federal crime to criticize President or Congress with intent to bring either into disrepute Law expired after two years 1800 election John Marshall Appointed Chief Justice 1801 Served until 1834 Marshall s constitutional agenda Established Supreme Courts power Federal supremacy over the states Sanctity of private property Landmark cases furthered values none concerned civil liberties Slavery cases Most slavery cases occurred in state courts contract disputes wills interpretation of state law Federal courts in DC heard similar disputes some came to Supreme Court No slavery cases involved a civil liberty guaranteed by Const A more massive violation of human rights is hard to imagine Barron v Baltimore 1833 Implications for Civil Liberties Bill of Rights applies only to fed l gov t not states Civil Liberties through the Taney Court and Civil War Slavery Dred Scott v Sandford 1857 racist decision Taney black people not citizens of US Slaves are property Congress violated slave owners rights with Missouri Compromise of 1820 Martial Law during the Civil War Lincoln declares Martial law suspension of habeas corpus writ of habeas corpus order to jailer to produce prisoner and justify basis for detention Ex Parte Milligan 1866 Open Court Rule Milligan doctrine no civilian can be subject to martial law as long as civil courts are functioning