Civil Liberties

Overview of Government Restraints and Civil Rights

  • The application of restraints is aimed primarily at the national government, specifically to empower states and local governments.

    • The Constitution specifies that Congress shall make no law, indicating federal limits on legislation.

The Case of Barron v. Baltimore (1833)

  • This landmark Supreme Court case questioned whether the city of Baltimore needed to compensate Barron for ruining his wharf access, which brought up the issue of eminent domain under the Fifth Amendment.

    • Outcome: The Supreme Court ruled against Barron, stating that the Fifth Amendment does not apply to states, only to the federal government.

The Fourteenth Amendment (1868)

  • Introduced during the Civil War Amendments.

  • Focused on ensuring states would not infringe upon rights previously granted to individuals, addressing

    • Due Process: States must provide due process to individuals.

    • Equal Protection: States cannot discriminate against individuals based on previous conditions, such as slavery.

Selective Incorporation of the Bill of Rights

  • Over decades, the Supreme Court began to incorporate parts of the Bill of Rights to the states via the Fourteenth Amendment, focusing on due process.

    • Examples of areas where courts intervened include:

    • Religious matters

    • Speech matters

    • Gun matters

    • Searches and seizures

    • Cruel and unusual punishment

Case: Chicago, Burlington, and Quincy Railroad v. Chicago (1897)

  • This pivotal case was the first instance of the Supreme Court selectively incorporating the Fifth Amendment for the states, reinforcing the necessity of just compensation in cases of eminent domain at the local level.

Evolution of Religious Freedom Under the First Amendment

Major Clauses

  • The First Amendment comprises:

    • Establishment Clause: Prohibits the government from establishing a religion.

    • Free Exercise Clause: Protects individuals’ rights to practice their religion without government interference.

Notable Cases

  • Cantwell v. Connecticut (1940):

    • A significant case recognizing the state's inability to restrict free exercise rights; it was the first time the Free Exercise Clause was incorporated at the state level.

  • Everson v. Board of Education (1947):

    • Addressed funding transportation for students attending private religious schools through public funds and reinforced the separation of church and state, referencing Thomas Jefferson’s concept.

  • Engel v. Vitale (1962):

    • The Court struck down a New York state law requiring a voluntary school prayer, establishing that the government cannot endorse a religion.

  • Lemon v. Kurtzman (1971):

    • Introduced the Lemon Test to ascertain:

    1. Does the government law have a secular purpose?

    2. Does the primary effect of the law neither inhibit nor advance religion?

    3. Does the law create excessive entanglement between government and religion?

  • Employment Division v. Smith (1990):

    • Addressed the use of peyote in religious rituals; the ruling stated that general laws (like the prohibition of peyote) do not infringe on free exercise rights unless aimed at a specific religion.

  • Zelman v. Simmons-Harris (2002):

    • Addressed a school voucher program that allowed parents to use vouchers for religious schools, ruled that it was constitutional as the intent was to educate students, not to fund religious institutions directly.

Freedom of Speech Evolution

  • The First Amendment specifies that Congress cannot abridge the freedom of speech.

Significant Cases

  • Schenck v. United States (1919):

    • Established the Clear and Present Danger Test, which allows the government to restrict speech that presents a clear danger.

    • Example: Shouting fire in a crowded theater.

  • Gitlow v. New York (1925):

    • The first instance of selectively incorporating the First Amendment’s speech component at the state level, determining that states cannot deny the right to free speech.

  • Brandenburg v. Ohio (1969):

    • Established the Brandenburg Test (Incitement Test) determining whether speech incites imminent lawless action; modified the legal outlook on free speech protections,

    • Shifted the burden of proof to the government,

Types of Speech

  • Protected Speech:

    • Political Speech (verbal and symbolic)

    • Speech Plus (expression with accompanying action)

  • Unprotected Speech:

    • Fighting Words: Defined as speech that incites violence or disrupts peace.

    • Obscenity: Governed by the Miller Test, determining community standards and appeal to sexual interests.

    • Slander and Libel: False statements damaging a person's reputation, with different standards for public figures vs. private individuals.

Other Notable Constitutional Freedoms

Second Amendment (Right to Bear Arms)

  • Continuous debate surrounds the extent of regulations on gun ownership, focusing on the terms around "well-regulated militia."

    • Discusses limits on types of weapons and state regulations, which remain a significant legal debate informed by past rulings like Heller.

Right to Privacy

  • Originates from case law rather than explicit mention in the Constitution, highlighted by Griswold v. Connecticut (1965) and Roe v. Wade (1973), indicating a penumbral right created through the Constitution's amendments.

  • Points to issues of privacy versus governmental intrusion, especially regarding health and personal matters.

Conclusion: Ongoing Debates

  • The courts continue to play a critical role in interpreting constitutional rights and freedoms, impacting vital societal issues including:

    • Religious freedom

    • Speech limits

    • Gun control laws

    • Right to privacy

  • The tension between judicial interpretation and legislative power is a significant subject of discussion, especially concerning whether judges legislate or simply interpret constitutionality.