holt, rinehart and winston a merican government holt 1 fundamental freedoms section 1: freedom and...

HOLT, RINEHART AND WINSTON

AMERICANGOVERNMENT

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Fundamental FreedomsSection 1: Freedom and the Bill of Rights

Section 2: Freedom of Religion

Section 3: Freedom of Speech and of the Press

Section 4: Freedom of Assembly and Petition

CHAPTER 13

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Fundamental Freedoms

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Section 1: Freedom and the Bill of Rights

Objectives:How does the Constitution protect civil liberties?Whose civil liberties does the First Amendment

guarantee?What is the role of laws and the courts in balancing

individuals’ civil liberties with the interests of the community?

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The Constitution protects civil liberties in the Bill of Rights.

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People whose civil liberties are guaranteed by the First Amendment:U.S. citizensresident noncitizens

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To balance individuals’ civil liberties with community interests, boundaries on individual rights have been set by laws and the courts so that other’s rights or interests are not threatened.

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Objectives:How has the Supreme Court interpreted the

Establishment Clause to define the relationship between religion and public schools?

How does the Supreme Court decide if government aid to religious groups is constitutional?

Why has the Supreme Court allowed tax exemptions for religious groups?

How has the Free Exercise Clause been interpreted?

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Supreme Court interpretations of the Establishment Clause to define the relationship between religion and public schools:Official support for religious programs is

unconstitutional, but students can leave campus to receive religious instruction.

Officially sponsored prayer and religious activities in public schools are unconstitutional, but students have the right to pray on their own in school and religious materials can be used in secular studies.

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How the Supreme Court determines the constitutionality of government aid to religious groups

The Lemon test:Aid must be for a nonreligious purpose.It must neither advance nor limit religion.It must not result in excessive government

involvement with religion.

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The Supreme Court has allowed tax exemptions for religious groups so the government can remain neutral by neither supporting religion nor restricting it. “Separation of Church and State”, however, is not part of the Constitution. It was taken from the writings of Thomas Jefferson and used in Supreme Court cases on the establishment clause.

(Everson v. Board of Education, 1947; Wallace v. Jaffree, 1985)

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Religious practices may be restricted if they violate social standards or constitutional laws, such as bigamy, or if they threaten the public safety, such as not vaccinating children because of religious beliefs against such medical practices.

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Objectives:What challenges exist in balancing individuals’

freedom of speech with the need to protect national security?

What boundaries exist on the media’s freedom of expression?

How does the First Amendment affect symbolic speech and hate speech?

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Challenges in balancing individuals’ freedom of speech with protecting national security:determining seditionproving statements pose a clear and present danger

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Boundaries on the media’s freedom of expression:prior restraint lawsshield lawslibel lawsobscenity lawslicense requirementsFCC standardsfalse advertising laws

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The First Amendment’s effect on symbolic speech and hate speech:symbolic speech—actions that communicate a

message are protected to an extent hate speech—many hate speech rules and “insulting”

or “fighting” words that are likely to cause a fight are not protected

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Objectives:How does the First Amendment protect the rights of

assembly and petition on public property?How is the freedom to demonstrate restricted on

private property?How does freedom of assembly support freedom of

association?

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First Amendment protections on the rights of assembly and petition on public property:protects peaceful demonstrations protects demonstrations with time, place, and manner

regulations

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Restrictions on the freedom to demonstrate on private property:People do not have the right to demonstrate or protest

on property belonging to a business or residence.

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How the freedom of assembly supports the freedom of association:People may associate with groups without

government interference.


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Assuring Individual RightsSection 1: Protecting Individual Liberties

Section 2: Rights of the Accused

Section 3: Ensuring Fair Trials and Punishments

CHAPTER 14

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Section 1: Protecting Individual Liberties

Objectives:What does the term due process mean?How is procedural due process different from

substantive due process?How do the Fourth Amendment and due process

protect people’s security against unreasonable state action?

How does the Bill of Rights protect people’s privacy?

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Due process means the government must follow fair procedures set by law when carrying out government duties.

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Difference between procedural due process and substantive due process:

procedural due process—ensures that the government applies laws fairly and according to set procedures

substantive due process—determines if a law is fair and constitutional

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Protections of people’s security against unreasonable state action:

The Fourth Amendmentprotects citizens from unjust government interference forces authorities to show probable cause to obtain a search

warrantprevents the authorities from conducting unreasonable searches

of people and their possessions

Due process prevents the government’s abuse of police power forces the authorities to follow set procedures in carrying out

their duties

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The Bill of Rights protects people’s privacy against the government’s police power.

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Objectives:How does the Constitution protect the right of habeas

corpus and protect against bills of attainder and ex post facto laws?

How do requirements for bringing charges before grand juries protect the rights of people accused of crimes?

How does the Fifth Amendment protect against self-incrimination?

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How the Constitution protects the right of habeas corpus and against bills of attainder and ex post facto laws:

Article I, Section 9 guarantees accused people the right to a writ of habeas corpus.

Article I, Sections 9 and 10 prevents Congress and state governments from passing bills of attainder.

Article I, Sections 9 and 10 prevents federal and state governments from passing ex post facto laws.

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Requirements for bringing charges before grand juries protect the rights of people accused of crimes by limiting the government’s control in holding and indicting accused people.

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Fifth Amendment protections against self-incrimination:protects people accused of crimes from providing

evidence against themselves at their own trials or during questioning by law enforcement officials

protects people accused of crimes from being forced to incriminate themselves

requires that people accused of crimes be informed of the Miranda Rule, their right to refuse to answer questions of law enforcement officials if it might be self-incriminating

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Objectives:Which amendments of the Bill of Rights help

guarantee the right to a fair trial?In what ways does the Bill of Rights protect convicted

criminals from excessive punishment?

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The Fifth, Sixth, Seventh, and Eighth Amendments of the Bill of Rights help guarantee the right to a fair trial.

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Ways the Bill of Rights protects convicted criminals from excessive punishment:

protects them from cruel punishment guards them from unusual punishment


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Struggle for Civil RightsSection 1: Citizenship and Immigration

Section 2: Diversity and Equal Protection

Section 3: Struggle for Civil Rights

Section 4: Civil Rights Laws

CHAPTER 15

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Section 1: Citizenship and Immigration

Objectives:What are the responsibilities of citizenship?In what two ways may a person become a U.S.

citizen by birth?How does an immigrant become a U.S. citizen?

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Examples of the responsibilities of citizenship:understanding and obeying the lawrespecting the rights of otherspaying taxesvotingparticipating in public service

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Two ways a person may become a U.S. citizen by birth:

jus sanguinis—being born to parents who are U.S. citizens

jus soli—being born in the U.S. or a U.S. territory

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An immigrant becomes a U.S. citizen through naturalization.

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Objectives:How has U.S. immigration policy changed over time?In what ways is the United States an ethnically

diverse country?What are the benefits and challenges of diversity in

the United States?

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Changes in U.S. immigration policy over time:unrestricted until the late 1800stight restrictions from the late 1800s to World War IIrelaxed restrictions following World War IIgrowing restrictions on illegal immigration in the

1980s and 1990s

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Ways the United States is an ethnically diverse country:

populated with people with different heritagesretains cultural traditions from various ethnic groups

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Benefits of diversity in the United States:enriches livesencourages creativity in society

Challenges of diversityprejudicediscrimination

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Objectives:What two tests do federal courts use to determine

whether laws respect the Equal Protection Clause?How did the Equal Protection Clause help the civil

rights movement fight government discrimination?

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Two tests the federal courts use to determine whether laws respect the Equal Protection Clause:

rational basis teststrict scrutiny test

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The Equal Protection Clause helped the civil rights movement fight government discrimination by proving that policies based on the separate-but-equal doctrine were unconstitutional.

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Objectives:How have civil rights laws protected the rights of

African Americans?How have civil rights protections been extended to

other minority groups?

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How civil rights laws have protected the rights of African Americans:

made segregation in public places illegalprohibited discrimination by employers or

administrators of any federally funded programsecured voting rightsprovided protection from discrimination in the

workplaceprohibited discrimination in the advertising,

financing, sale, and rental of housing

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Civil rights laws prohibiting discrimination based on race, national origin, religion, or sex applied and were extended to other minority groups, such as Hispanic and Asian Americans, American Indians, people with disabilities, and women.

holt, rinehart and winston a merican government holt 1 fundamental freedoms section 1: freedom and...

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