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Civil Liberties Lecture Notes

Civil Liberties

Definition of Civil Liberties

  • Civil liberties are defined as areas of personal freedom that are constitutionally protected from government interference.

  • The foundations of civil liberties are established within state and federal constitutions.

  • Key examples include:

    • Freedom of speech

    • Freedom of the press

    • Freedom of assembly

  • A fundamental clash exists between the basic duties of government and individual freedoms:

    • Basic Duties of Government:

    • Protection of public health

    • Maintenance of safety

    • Welfare of the public from dangers such as crime and health crises (e.g., Covid-19)

    • Citizen's Rights:

    • Desire to conduct personal affairs without government interference.

Brief History of Civil Liberties

The Constitutional Convention

  • The Convention concluded without including a Bill of Rights.

  • Federalists led by Alexander Hamilton argued a Bill of Rights was unnecessary:

    • Hamilton stated that the national government only had delegated powers, thus a Bill of Rights would be irrelevant.

    • He claimed the Constitution itself included rights (e.g., habeas corpus).

  • Habeas Corpus:

    • A court order requiring an individual in custody to be brought into court and shown the cause for detention.

The Bill of Rights

  • Antifederalists criticized the absence of a Bill of Rights as a significant flaw in the Constitution.

  • Federalists agreed to add a Bill of Rights to pacify concerns from the Antifederalists.

  • The U.S. House proposed 17 amendments, and the Senate adopted 12.

  • Ultimately, only 10 amendments were ratified, known as the Bill of Rights, ratified in 1791, ensuring certain rights and liberties for the people.

The Bill of Rights Amendments Overview

  • 1st Amendment: Congress is prohibited from making laws that establish a religion or limit freedoms of exercise, speech, press, assembly, or petition.

  • 2nd Amendment: Right of the people to keep arms shall not be infringed.

  • 3rd Amendment: Protection from the government arbitrarily taking homes for military use.

  • 4th Amendment: Protection from unreasonable searches and seizures without a warrant.

  • 5th Amendment: No serious offense trials without a grand jury, protection against self-incrimination and double jeopardy, and property cannot be taken without just compensation.

  • 6th Amendment: Right to a speedy trial, informed charges, confrontation of witnesses, and assistance of counsel.

  • 7th Amendment: Right to a trial by jury in civil cases.

  • 8th Amendment: No excessive bail or cruel and unusual punishment prohibited.

  • 9th Amendment: Enumeration of certain rights doesn’t mean there are not other rights held by the people.

  • 10th Amendment: Powers not delegated to the national government are reserved to the states or the people.

Nationalizing the Bill of Rights

Initial Developments

  • 1833: Supreme Court ruled Bill of Rights limited only the federal government, not states.

  • Fourteenth Amendment: Attempted to extend the Bill of Rights to include state regulations, but interpretation took nearly 100 years to be applied.

  • 1897: Due process clause applied to prevent states from taking property without compensation.

  • 1925: Supreme Court ruled that freedom of speech applied to the states, recognizing it as a fundamental personal right.

Further Expansion

  • 1931: Freedom of the press recognized as a fundamental right.

  • 1939: Freedom of assembly incorporated as fundamental.

Limits on Expansion

  • 1937: Palko v. Connecticut case established the principle of selective incorporation which means not all rights in the Bill of Rights are applicable to the states.

    • Court ruled double jeopardy was not an incorporated right.

  • Post-1961 Developments: Most provisions of the Bill of Rights began to be incorporated into the Fourteenth Amendment with the exception of the Third and Seventh Amendments.

Current Debates

  • The idea of birthright citizenship is being questioned by some politicians.

  • United States v. Wong Kim Ark (1898): Confirmed individuals born in the U.S. are entitled to citizenship, complicating proposed changes to this concept.

Incorporation of the Bill of Rights into the Fourteenth Amendment

Key Cases Overview

  • Eminent Domain: Chicago, Burlington, and Quincy R.R. v. Chicago (1897) established requirement for compensation when property is seized.

  • Freedom of Speech: Gitlow v. New York (1925) upheld conviction linked to anarchist speech; nonetheless, recognized states' ability to suppress direct calls for government overthrow.

  • Freedom of Press: Near v. Minnesota (1931) overturned restrictions on publications labeled "public nuisance."

  • Free Exercise of Religion: Hamilton v. Regents of the University of California (1934) upheld mandatory military training despite religious objections.

  • Freedom of Assembly: DeJonge v. Oregon (1937) ruled against restrictions on addressing political meetings.

  • Free Exercise Clause: Cantwell v. Connecticut (1940) mandated state tolerance for religious expression.

  • Nonestablishment of State Religion: Everson v. Board of Education (1947) ruled taxpayer-funded activities to transport students to religious schools did not equate to establishment of religion.

  • Exclusionary Rule: Mapp v. Ohio (1961) upheld that evidence obtained without a warrant violates Fourth Amendment rights.

  • Cruel and Unusual Punishment: Robinson v. California (1962) ruled against penalties for addiction.

  • Right to Counsel: Powell v. Alabama (1932); Gideon v. Wainwright (1963) underscored the right to legal counsel and expanded it to state cases.

  • Self-Incrimination and Confessions: Miranda v. Arizona (1966) ruled that defendants must be informed of their rights during police interrogations.

  • Double Jeopardy: Benton v. Maryland (1969) ruled against being tried twice for the same offense.

  • Right to Bear Arms: McDonald v. Chicago (2010) held that strict local regulations can violate the Second Amendment.

  • Excessive Fines: Timbs v. Indiana (2019) ruled that protection against excessive fines applies to states.

  • Jury Trial: Ramos v. Louisiana (2020) established requirement for unanimous jury decisions in state criminal trials.

The First Amendment: Freedom of Religion

  • The First Amendment states: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."

Establishment Clause

  • The establishment clause prohibits the state from imposing a specific religion or creating an official church.

    • A “**wall

Civil Liberties### Definition of Civil Liberties- Civil liberties are defined as areas of personal freedom that are constitutionally protected from government interference.- The foundations of civil liberties are established within state and federal constitutions.- Key examples include:- Freedom of speech- Freedom of the press- Freedom of assembly- A fundamental clash exists between the basic duties of government and individual freedoms:- Basic Duties of Government:- Protection of public health- Maintenance of safety- Welfare of the public from dangers such as crime and health crises (e.g., Covid-19)- Citizen's Rights:- Desire to conduct personal affairs without government interference.### Brief History of Civil Liberties#### The Constitutional Convention- The Convention concluded without including a Bill of Rights.- Federalists led by Alexander Hamilton argued a Bill of Rights was unnecessary:- Hamilton stated that the national government only had delegated powers, thus a Bill of Rights would be irrelevant.- He claimed the Constitution itself included rights (e.g., habeas corpus).- Habeas Corpus:- A court order requiring an individual in custody to be brought into court and shown the cause for detention.#### The Bill of Rights- Antifederalists criticized the absence of a Bill of Rights as a significant flaw in the Constitution.- Federalists agreed to add a Bill of Rights to pacify concerns from the Antifederalists.- The U.S. House proposed 17 amendments, and the Senate adopted 12.- Ultimately, only 10 amendments were ratified, known as the Bill of Rights, ratified in 1791, ensuring certain rights and liberties for the people.#### The Bill of Rights Amendments Overview- 1st Amendment: Congress is prohibited from making laws that establish a religion or limit freedoms of exercise, speech, press, assembly, or petition.- 2nd Amendment: Right of the people to keep arms shall not be infringed.- 3rd Amendment: Protection from the government arbitrarily taking homes for military use.- 4th Amendment: Protection from unreasonable searches and seizures without a warrant.- 5th Amendment: No serious offense trials without a grand jury, protection against self-incrimination and double jeopardy, and property cannot be taken without just compensation.- 6th Amendment: Right to a speedy trial, informed charges, confrontation of witnesses, and assistance of counsel.- 7th Amendment: Right to a trial by jury in civil cases.- 8th Amendment: No excessive bail or cruel and unusual punishment prohibited.- 9th Amendment: Enumeration of certain rights doesn

                doesn                   ’t mean there are not other rights held by the people.- **10th Amendment:** Powers not delegated to the national government are reserved to the states or the people.### Nationalizing the Bill of Rights#### Initial Developments- **1833:** Supreme Court ruled Bill of Rights limited only the federal government, not states.- **Fourteenth Amendment:** Attempted to extend the Bill of Rights to include state regulations, but interpretation took nearly 100 years to be applied.- **1897:** Due process clause applied to prevent states from taking property without compensation.- **1925:** Supreme Court ruled that freedom of speech applied to the states, recognizing it as a fundamental personal right.#### Further Expansion- **1931:** Freedom of the press recognized as a fundamental right.- **1939:** Freedom of assembly incorporated as fundamental.#### Limits on Expansion- **1937:** *Palko v. Connecticut* case established the principle of selective incorporation which means not all rights in the Bill of Rights are applicable to the states.- Court ruled double jeopardy was not an incorporated right.- **Post-1961 Developments:** Most provisions of the Bill of Rights began to be incorporated into the Fourteenth Amendment with the exception of the Third and Seventh Amendments.#### Current Debates- The idea of birthright citizenship is being questioned by some politicians.- **United States v. Wong Kim Ark (1898):** Confirmed individuals born in the U.S. are entitled to citizenship, complicating proposed changes to this concept.### Incorporation of the Bill of Rights into the Fourteenth Amendment#### Key Cases Overview- **Eminent Domain:** *Chicago, Burlington, and Quincy R.R. v. Chicago (1897)* established requirement for compensation when property is seized.- **Freedom of Speech:** *Gitlow v. New York (1925)* upheld conviction linked to anarchist speech; nonetheless, recognized states' ability to suppress direct calls for government overthrow.- **Freedom of Press:** *Near v. Minnesota (1931)* overturned restrictions on publications labeled "public nuisance."- **Free Exercise of Religion:** *Hamilton v. Regents of the University of California (1934)* upheld mandatory military training despite religious objections.- **Freedom of Assembly:** *DeJonge v. Oregon (1937)* ruled against restrictions on addressing political meetings.- **Free Exercise Clause:** *Cantwell v. Connecticut (1940)* mandated state tolerance for religious expression.- **Nonestablishment of State Religion:** *Everson v. Board of Education (1947)* ruled taxpayer-funded activities to transport students to religious schools did not equate to establishment of religion.- **Exclusionary Rule:** *Mapp v. Ohio (1961)* upheld that evidence obtained without a warrant violates Fourth Amendment rights.- **Cruel and Unusual Punishment:** *Robinson v. California (1962)* ruled against penalties for addiction.- **Right to Counsel:** *Powell v. Alabama (1932); Gideon v. Wainwright (1963)* underscored the right to legal counsel and expanded it to state cases.- **Self-Incrimination and Confessions:** *Miranda v. Arizona (1966)* ruled that defendants must be informed of their rights during police interrogations.- **Double Jeopardy:** *Benton v. Maryland (1969)* ruled against being tried twice for the same offense.- **Right to Bear Arms:** *McDonald v. Chicago (2010)* held that strict local regulations can violate the Second Amendment.- **Excessive Fines:** *Timbs v. Indiana (2019)* ruled that protection against excessive fines applies to states.- **Jury Trial:** *Ramos v. Louisiana (2020)* established requirement for unanimous jury decisions in state criminal trials.### The First Amendment: Freedom of Religion- The First Amendment states: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."#### Establishment Clause- The establishment clause prohibits the state from imposing a specific religion or creating an official church.- A "**wall of separation between church and state**" is generally understood to be intended by this clause, preventing government entanglement with religious affairs.

Alright, let's get you ready for this exam, 7th-grade style! We're going to focus on the big ideas, cool words, important court cases, and key moments, just like your teacher said. No need to memorize specific dates or names unless they're part of a court case!

Here’s what you should know:

What are Civil Liberties All About?

  • Civil Liberties: These are your personal freedoms that the government can't take away or mess with. Think of them as your personal space protected by the Constitution.

  • The Big Idea: There's always a bit of a tug-of-war between the government's job (like keeping you safe and healthy) and your desire to do your own thing without them interfering. Like when there's a serious sickness going around, the government might ask you to do things you normally wouldn't, but still tries to respect your freedom.

How We Got Our Liberties (Brief History)

  • No Bill of Rights at First: When the U.S. Constitution was first written, it surprisingly didn't have a list of individual rights. Some people, called Federalists, thought it wasn't needed because the government only had certain powers. But others, the Antifederalists, really pushed for it!

  • Habeas Corpus: One right that was in the original Constitution is habeas corpus. This is a super important order that means if the government locks someone up, they have to bring them to a judge and show why they're being held. No secret prisons!

  • The Bill of Rights is Born: Because people were worried, a list of freedoms, called the Bill of Rights, was added to the Constitution shortly after. It's the first 10 amendments, or changes, to the Constitution, and it guarantees many important freedoms.

Know Your Amendments (These are crucial concepts!)

  • 1st Amendment: Gives you freedoms of religion (government can't pick one, you can practice yours), speech, press (newspapers), assembly (gathering peacefully), and petition (asking the government to change things).

  • 2nd Amendment: The right to keep and carry weapons.

  • 3rd Amendment: Government can't make soldiers live in your house during peacetime without your permission.

  • 4th Amendment: Protects you from unfair searches and seizures without a warrant (special permission from a judge).

  • 5th Amendment: No major crime trials without a grand jury, protects you from testifying against yourself, keeps you from being tried twice for the same crime (double jeopardy), and says the government has to pay you fairly if it takes your property (called eminent domain).

  • 6th Amendment: Gives you the right to a speedy and public trial, to know what you're accused of, to face witnesses against you, and to have a lawyer.

  • 7th Amendment: Right to a jury trial in certain civil (non-criminal) cases.

  • 8th Amendment: No really high bail, and no cruel or unusual punishments.

  • 9th Amendment: Says that just because some rights are listed doesn't mean you don't have other rights too.

  • 10th Amendment: Powers not given to the federal government belong to the states or to the people.

Making the Bill of Rights Apply Everywhere (Nationalizing)

  • States Weren't Always Included: For a long time, the Bill of Rights only stopped the federal government from doing certain things. State governments could sometimes ignore these rights.

  • The Fourteenth Amendment: After the Civil War, this amendment was added to the Constitution. It has a due process clause that slowly, over many years, made states also have to respect most of the rights in the Bill of Rights.

  • Selective Incorporation: This is the big idea that the Supreme Court used to apply the Bill of Rights to the states, one right at a time. It's like picking which toppings go on a pizza; they didn't add all of them at once.

    • Palko v. Connecticut: This case originally said that not all rights apply to the states, and double jeopardy wasn't incorporated at first.

Important Court Cases (These are the stories that made the rules!)

These cases show how different parts of the Bill of Rights were made to apply to the states:

  • Property (Eminent Domain):

    • Chicago, Burlington, and Quincy R.R. v. Chicago: This case said states must pay fair compensation when they take private property for public use (like building a road).

  • Freedom of Speech:

    • Gitlow v. New York: Even though someone was convicted for his anarchist speech, this case first said that freedom of speech also applied to the states. (But states can still stop speech that directly encourages violence).

  • Freedom of the Press:

    • Near v. Minnesota: Ruled that states generally can't stop newspapers from publishing things before they're even printed (this is called 'prior restraint').

  • Freedom of Religion (Free Exercise):

    • Cantwell v. Connecticut: Said states must allow people to express their religious beliefs peacefully.

    • Reynolds v. United States: This older case said that while you can believe anything for your religion, you can't do anything that breaks a general law (like polygamy).

    • Employment Division v. Smith: Made it harder for people to claim religious exemptions from general laws. This led to the Religious Freedom Restoration Act (RFRA), a law passed by Congress to give more protection.

  • Freedom of Religion (Establishment Clause):

    • Everson v. Board of Education: Said it was okay for states to pay for bus rides for kids going to religious schools because it helped the kids, not the religion itself.

    • Engel v. Vitale: Ruled that public schools cannot lead students in prayer, even if it's a general prayer that doesn't belong to one religion.

    • Abington School District v. Schempp: Said public schools couldn't start the day with Bible readings.

    • Lemon Test (from Lemon v. Kurtzman): This is a three-part test the Supreme Court uses to decide if a government action breaks the Establishment Clause. It has to have a non-religious purpose, not help or hurt religion, and not get the government too mixed up with religion.

  • Privacy/Searches (4th Amendment):

    • Mapp v. Ohio: This made the Exclusionary Rule apply to states. It means if police get evidence illegally (without a warrant), they can't use it in court.

  • Rights of the Accused (5th & 6th Amendments):

    • Powell v. Alabama / Gideon v. Wainwright: These cases together made sure that if you're accused of a serious crime and can't afford a lawyer, the state has to give you one.

    • Miranda v. Arizona: This is where Miranda warnings come from! Police must tell you your right to remain silent and your right to a lawyer before they question you.

    • Benton v. Maryland: Said that states can't try you twice for the same crime after you've been found innocent (double jeopardy).

  • Right to Bear Arms (2nd Amendment):

    • McDonald v. Chicago: Said the right to bear arms is also a right that applies to states.

  • Cruel and Unusual Punishment (8th Amendment):

    • Robinson v. California: Ruled that punishing someone just for being addicted to drugs (without other criminal acts) was cruel and unusual punishment.

  • Excessive Fines (8th Amendment):

    • Timbs v. Indiana: Said that protection against super high fines applies to states.

  • Jury Trial (6th Amendment):

    • Ramos v. Louisiana: Ruled that for serious state criminal trials, all members of the jury must agree on a verdict (it has to be unanimous).

Good luck with your exam! You've got this!