Quiz 1: General Terms

3 Foundations for our Civil Liberties

1. Articles of Confederation (1777)

2. US constitution (1788)

2. Bill of Rights

Bill of Rights

- Amendments - Submitted in 1789 to the States

- supplemental to the constitution to protect individual rights

12 submitted and 10 were ratified (1791)

First amendment was about getting paid

(first amendment NOW is really the 3rd)

Framework of Constitutional Rights: Virginia

- George Mason (Rep. of VA/Anti-federalist)

Virginia Declaration of Rights

Contained a list of protected rights that mirrored the bill of the rights

Framework of Constitutional Rights: Articles of Confederation (1777)

- 1st constitution of US

- Did not contain any bill of rights or natural rights

- Formed weak National/Federal government

Framework of Constitutional Rights: Constitution (1787)

- 3/4th of states

- Strengthened the Federal government but was opposed by states since no bill of rights

- Only passed when states were assured bill of rights would come later

- James Madison (father of bill of rights) pretty much took George Mason's Virginia rights and used it as the blueprint

Framework of Constitutional Rights: Bill of Rights

- protection designed to ensure the rights of the minority in a majority rule. Rights restrict when the government, and in turn, the majority rule can do within limits.

The idea of Democracy interfering with the peoples rights

14th amendment applicable to the states

- First 10 of rights restrict to federal

- Equal protection of the law, ratified by states in 1868

"No state shall...."

- All rights can and are restricted... not absolute. States can expand these rights to not restrict

Must involves "State" action, not private citizen

Effort to protect the civil rights of new citizens in the south

Separation of Powers Doctrine

- Article I - legislation branch - congress

- Article II - executive branch

- Article III - judicial review/power

- The three branches became more and less powerful throughout history

Current supreme court influence - abortion/contraception laws, rights to bear arms, privacy issues and equal protection, health-care, presidential immunity, executive power, DOGE

Article I - legislation branch - congress

- Founders decided should be important - history - rebellion from Monarchy

- Upper house: every state same

- Lower house: based on population

* Two houses was the Great Compromise to get big and small states on board

- Powers specifically enumerated in constitution different from other 2 branches

Article II - executive branch

President's cabinet

Article III - judicial review/power

- Judicial Branch - Least Important at the time of the ratification

- Supreme court - judicial independence and review

They decide if law is valid or invalid

- Article III “hold their offices during good behavior”

*Contemporary Issues today

- Opinions: Majority, Concurring, Dissenting

- Dicta: Justices writing their opinion on a particular law but do not have a majority

Constitutional Interpretations

1st - Living-breathing document

2nd - constitution interpretation

1st - Living-breathing document

- Change with views of time

- Go beyond the literal text

- Broader scope - implied meaning

- Society norms change

,,Draconian methods

2nd - constitution interpretation

- STRICT reading of the document

- Original meaning of the constitution = “originalists”

- Literal interpretation

- Plain-meaning (interpretivists)

Text and historical context

Strict interpretation

Supreme Court - Jurisdiction

Litigants must be real and adverse

No advisory opinions

No hypothetical questions

What do you need to have Standing?

1. Rights violated

2. Injury sustained

,, Actual damage either personally or property

"Public interest"

3. Issue must be "ripe"

Issues that affect Standing

1. Case is MOOT when the issue already passed

2. Case needs to be RIPE

3. Exhaust all state appeals

Precedent

State Decisi - Let prior decision stand

important bc:

Notice to citizens

stability/consistency

Rule of Law/society

Final judgment

2 categories of Bill of Rights

1. Individual freedoms

1st amendment and 2nd amendment

2. Criminal Protections

Colonies - Defendants

4th, 5th, 6th, and 8th amendment

Process of amendments being applied to states = nationalization or selective incorporation

1st amendment rights

- Freedom of Association - NOT specifically list

- Freedom of Religion - 1st right mentioned in the amendment

- Right to Free speech/free press/assemble

,, These rights helped citizens be fully informed!

Gain knowledge - share ideas - peaceful protects

,, Encourage discussions, open-debates, and free exchange of ideas for a healthy democracy

when is it to prohibited to use public parks/streets to protest?

- prohibited if interfere with purpose of the building/space

- Can regulate assemblies near schools if they are disruptive

Speech in Public Forums

- 1st amendment protects speech in a public form

,, However, can be regulated by Time, Place & manner

- The law must be content neutral

,, Content neutral i.e.,: parade with racial issues being asked to get a permit for it, it's an obstruction of content neutral

Different types of "speech" are protected

Political speech

Symbolic speech

Demonstrations

what speech is not protected?

Obscene Speech

inciting words

hate speech (only if it incites)

defamation

where is speech regulated?

Schools

Prisons

Military facilities

Defamation

- Damaging someone's reputation through false information

- Slander is defamation using words

- Libel is defaming using written material

Truth is always a complete defense

Freedom of the press

- Founders believer that was crucial for democracy

- Virginia declaration of rights first to enshrine freedom of press

- Worried about the censorship that occurred by english monarchy

- some colonies still enacted - seditious libel act - press could not criticize the government!

1st amendment rights - freedom of religion

- Two parts - establishment clause and free exercise clause

- Thomas Jefferson (virginia) pushed for religious freedom - 1786

- Government should not punish beliefs - 'if I believe in one god or 20 gods it does not harm by neighbor"

- church v. state

Religion intertwined in our history

- "In god we trust" - US currency

- Government and military oaths in the name of god

- Governmental agencies start with a prayer - congress

- Tax deductions to religious organizations

- non -profit status for religious institutions

Establishment Clause: Vouchers

- Public tax dollars that can be spent at religious schools

- debate about validity: school choice

"strict scrutiny" test

"must advance 'interests of the highest order' and must be narrowly tailored in pursuit of interests