JB

govt5

Chapter 5: The Bill of Rights and Civil Liberties

5.1 Introduction

  • In 1917, the U.S. implemented a military draft for World War I.

  • Congress passed the Espionage Act to limit dissent against the war effort.

  • Charles Schenck, a prominent anti-draft activist, believed the draft violated individual rights and distributed leaflets calling it "involuntary servitude."

  • Schenck was arrested and convicted under the Espionage Act, leading to an appeal to the Supreme Court arguing for free speech rights.

Key Definitions

  • Civil Liberties: Basic freedoms guaranteed under the Constitution (e.g., free speech, religion).

  • Civil Rights: Guarantees of equal rights and treatment under the law.

  • Incorporation: Applying the Bill of Rights to the states through the Fourteenth Amendment.

  • Libel: Publishing false information intending to harm.

  • Slander: Speaking false information intending to harm.

  • Prior restraint: Government attempts to prevent harmful publication.

  • Self-incrimination: Statements suggesting guilt.

  • Double jeopardy: Being tried twice for the same crime, prohibited by the Fifth Amendment.

5.2 Defining and Protecting Your Rights and Liberties

  • The Constitution initially did not explicitly protect individual rights, which was later addressed by the Bill of Rights (first 10 amendments).

  • Civil Liberties: Viewed as natural rights, subject to inherent limitations by government.

  • Civil Rights: Guarantees include trial by jury, legal counsel, and the right to vote.

  • James Madison warned the Bill of Rights might serve as only a "parchment barrier" without enforcement.

  • Role of the Supreme Court: crucial in defining and enforcing constitutional rights over time.

5.3 Your First Amendment Rights

  • First Amendment: Protects freedom of religion, speech, press, assembly, and petitioning the government.

  • Establishment Clause: Separation of church and state. Influenced by fears of state-sponsored religion.

  • Free Exercise Clause: Guarantees the right to practice religion without government interference.

  • Supreme Court decisions (e.g., Engel v. Vitale) have guided the interpretation of these clauses.

5.4 Protections Against Abuses of Government Power

Second Amendment

  • Guarantees the right to bear arms for self-defense.

  • Interpretations vary, with regulations primarily handled by states.

Third and Fourth Amendments

  • Third Amendment: Prohibits quartering soldiers in private homes.

  • Fourth Amendment: Protects against unreasonable searches and seizures without a warrant.

5.5 Your Rights in the Legal System

  • Fifth Amendment: Protects against self-incrimination, establishes Miranda rights; prohibits double jeopardy and guarantees due process.

  • Sixth Amendment: Ensures rights to a fair trial, legal counsel, and impartial jury.

  • Interactions between free press and legal rights can complicate trials (e.g., Sheppard v. Maxwell).

  • Eighth Amendment: Prohibits excessive bail and cruel and unusual punishment.

5.6 Rights and Powers of the States and the People

Ninth Amendment

  • Protects unnamed rights beyond those explicitly listed in the Constitution.

  • Influential in cases regarding privacy rights (e.g., Griswold v. Connecticut, Roe v. Wade).

Tenth Amendment

  • Reserves powers not explicitly granted to the federal government to the states and people.

  • Matters like marriage and divorce regulation typically fall under state authority.

Summary

  • Bill of Rights: Safeguards civil liberties and rights, evolving through judicial interpretation.

  • Role of Judiciary: Interprets the amendments in specific contexts.

  • Basic protections include free expression, privacy rights, and fair judicial procedures.

  • States and people retain powers not specifically delegated to the federal government.