POLS 110 1st Edition Lecture 7 Outline of Last Lecture I. Powers Denied to StatesII. Powers Shared by BothIII. Powers Denied to bothIV. The Supremacy ClauseV. Relationship between the statesVI. The First Crisis of Federalism: McCulloch v. Maryland (1819)VII. The Supreme CourtOutline of Current Lecture I. Civil LibertiesII. Incorporation of Bill of Rights to apply to the StatesIII. Freedom of ExpressionIV. Prior RestraintV. Right to PrivacyVI. Freedom of ReligionCurrent LectureI. Civil Libertiesa. Civil liberties in the American Legal Systemi. The freedoms protected in the Am. Systemii. The historical basis for American civil rights-Bill of Rightsb. Civil Liberties: government CAN’T do to citizens; mostly contained in Bill of Rights(ex: can’t use unusual punishment)c. Civil rights: government HAS to do; ensure fair housing, etc. II. Incorporation of Bill of Rights to apply to the StatesThese 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.a. Selective incorporation versus incorporationb. First Amendment incorporationi. Free speech, freedom of press, freedom of religion, freedom of assembly;all applied through Supreme Court casesii. 14th Amendment: any federal liberty has to be applied to all states. Force states to apply Bill of Rights; they all didn’t follow howeveriii. The Supreme Court didn’t just say, “the First Amendment applies”, they did it little by little, by each case that made it to Supreme CourtIII. Freedom of Expressiona. Foundation of First Amendmenti. Rights: freedom of conscience, speech, press, assembly, petition, religionii. Order is based on what they didn’t like about the British governmentb. The Early Periodi. No practical test of government limits on speechii.iii. Government had wide latitude to restrict free speech in the interests of national securityc. The 20th Centuryi. Clear-and-present-danger test: (Schenck v. U.S.)ii. Crowded theater test-government cannot restrict your speech unless what you’re saying creates a threat to people around youd. The Modern Periodi. Imminent lawless action test (Brandenburg v. Ohio)ii. Free speech and assembly- government prohibited from restricting free speech or assembly of citizensiii. Press freedom and prior restraintIV. Prior Restrainta. The legal term for censorship- the government prevents ou from expressing yourself because of what you MIGHT say, not because of what you already saidb. The courts have routinely ruled against prior restraintV. Right to Privacya. One of the “penumbra” rights (implied rights)i. Rights not specifically outlined in the Constitution but that can be interpreted through various parts of the Bill of Rightsb. Parts of it in all the other amendments c. Although we think of privacy as a broad issue, it is most often brought up in the context of abortiond. Roe v. Wade, becomes the basis for all other decisions about abortione. **Privacy is FLEXIBLE; subject to changeVI. Freedom of Religiona. The Est. Clausei. Government may not favor 1 religion over anotherii. Government may not favor religion over no religioniii. Interpreted as “wall of separation” between church and
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