THE AMERICAN POLITICAL SYSTEMLECTURE 6THE BILL OF RIGHTS

WHAT DOES THE BILL OF RIGHTS DO? Protection of civil liberties Restraints on what government can do U.S. Supreme Court has last word People interpret it differently Courts try to establish balance between

individual right and need for order

THE ORIGIN OF THE BILLL OF RIGHTS Alexander Hamilton: No need for a Bill of

Rights Federalist 94: Might be necessary for a

king, but not for a government elected by the people

If power limited, government can claim more power

Existing protections: no ex post facto laws, bill of attainder, protection of habeas corpus

THE ORIGIN OF THE BILL OF RIGHTS Jefferson: Constitution deficient During first session of Congress Madison

introduces idea (George Mason raised the issue earlier)

The first eight amendments to the Constitution Limitation of the federal government Fourteenth Amendment incorporates the Bill of

Rights, that is applies it to states W. E. B. DuBois

Jim Crow Laws, Plessy v. Ferguson, Separate but Equal, Rosa Parks,

THE DEMOCRATIC FREEDOMS-FREEDOM OF SPEECH Government cannot restrict freedom of

belief or thought Clear and present danger-Shouting fire in

a crowded theater Symbolic speech: 1978: American Nazi

Party march in Chicago (Skokie case) Personal appearance Fighting words: directed at a person is not

constitutional, slander: spoken defamation of character Klan bake or clam bake, Eugene Debs

FREEDOM OF THE PRESS

Cornerstone of democratic societies Exceptions: Commercial advertising

(cigarette ads) Libel: written defamation of character-

public figure, if you cannot take the heat do not go into the kitchen-absence of malice, malicious intent

Obscene materials „utterly without redeeming social value”

FREEDOM OF THE PRESS

Pornography: obscenity law: lacks serious literary, artistic, political, scientific value, and appeals to prurient interest of sex according to local community standards

What was considered pornographic? Absolute prohibition of child

pornography

FREEDOM OF ASSEMBLY AND PETITION Cannot assemble on private property

without consent of the owner Cannot prevent people from using public

streets without permission Freedom of association and dissent but

limitation on political parties: Red cases: testing anti Communist rules

1940-50s Black cases: testing anti NAACP rules in the same period

RELIGION AND CONSCIENCE

Establishment clause Free exercise thereof Separation of church and state-implied No entanglement between government

and religion Religion in public school-captive

audience doctrine Freedom from religion

PERSONAL FREEDOMS

Protection of property-due process Eminent domain: private property may

be taken for public use, but fair market value has to be paid

Privacy:Fourth Amendment: freedom from unreasonable search and seizure

Exclusionary rule-illegally obtained evidence excluded from trial

RIGHT OF THE ACCUSED

Due process Right of counsel Gideon v. Wainwright Right against self-incrimination Miranda v. Arizona (1966) No cruel and unusual punishment Protection against double jeopardy

Oklahoma City Bombing, Alfred T. Murrah, building, 1995 Timothy McVeigh Waco 1993