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POL SCI 101 Notes, Week 4

by: Mary Van Wyk

POL SCI 101 Notes, Week 4 Pol Sci 201

Mary Van Wyk
GPA 3.5

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About this Document

These notes cover Civil Liberties.
American Government and Politics
Kristine K Coulter
Class Notes
American Government, Politics, civil liberties
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This 5 page Class Notes was uploaded by Mary Van Wyk on Thursday February 18, 2016. The Class Notes belongs to Pol Sci 201 at University of Wisconsin Green Bay taught by Kristine K Coulter in Fall 2016. Since its upload, it has received 65 views. For similar materials see American Government and Politics in Political Science at University of Wisconsin Green Bay.

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Date Created: 02/18/16
POL SCI 101 2/15 & 2/17 2/15 Civil Liberties Civil Liberties  Constitutional Liberties from the government  Be left alone by the government  Importance o Means to an end- healthy democracy o End- let people live as how they want Substantive Liberties  Limits on what the government can or can’t do o Bill of Rights  Uncontroversial  We love individual rights! Bill of Rights Amendments  1 - Religion, speech, press nd  2 - Bear arms  3 - Quartering  4 - Searches th  5 - Grand Juries  6 - Criminal court procedures th  7 - Trial by Jury  8 - Bails, fines, punishments  9 - Rights retained by people th  10 - Rights reserved by the states Procedural Liberties  Rules regarding now the government can act th o Due process clause- 5 Amendment  Government can deprive of liberties but need permission to do so. Supreme Court  Case Law o Issue a decision by Supreme Court  Checks and Balances o Separation of Powers o Final interpreter of the US Constitution  Judicial Review o Supreme Court decides whether or not it violates the constitution Bill of Rights and the States  Bill of Rights applies to Federal Government only  Then came along the 14 Amendment where it applies to the state as well  Selective Incorporation o Process by which the Bill of Rights are made applicable to states 1 Amendment Establishment Clause  Congress can’t establish a religion o No official Church o Accommodationist Approach  Government aid to student and parents- constitutional  College and universities may fund religious organizations o Separationist Approach  No School prayer  Government can’t offer direct aid to religious institutions  Public Displays  Free Exercise Clause o Can believe and practice religion o Can hold no religious beliefs o As long as free exercise doesn’t harm others, it’s generally protected o Distinction between beliefs and actions  Free Speech o Importance of free speech  Vital to healthy and functioning democracy o Will Government censor?  Clear and present danger test? o What is the speech that is being talked about?  Strict scrutiny test  Symbolic Speech  Conduct intended to send a political or social message  Limits of Free Speech o Libel and Slander o Obscenity and Pornography  It’s porn if:  Prurient, depicts offensive, lacks serious value  No kids 2/17 Limits of Free Speech (con.) Fighting Words Commercial Speech  Not considered to be political speech Student Speech  Students have the right to protest, but only under certain circumstances concerning age with sexually explicit material, drugs, etc. Contemporary Controversies  Free speech on college campus’s o Only outside o Anti Harassment/discrimination 2 ndAmendment  “A well regulated Militia, being necessary to the security of the free state, the right of the people to keep and bear arms, shall not be infringed.”  Collective rights o US v. Miller (1939)  Individual Right o D.C. v. Heller (2008) o McDonald v. Chicago (2010) Limits on Gun Rights  All States Individually: o Types of Arms o Background Checks o Waiting periods o Concealed Weapons o Restrict possessions for felons or mentally ill o Restrict of guns in sensitive areas 4 -8 thAmendments Stage Sub Stage Constitutional Protections Crime Evidence Gathered 4 : “unreasonable search and seizure- Suspicion Court forbidden “writ of habeus corpus” (Article 1 Section 9 Arrest 6: right to be informed of accusations 6: right to counsel Prosecution Interrogation 6: right to counsel 5: self-incrimination forbidden Imprisionment 8: “excessive bail” forbidden Trial 6: right to counsel Trial by Jury (article III Section 2) 6: “speedy and public trial” 6: right to confront Verdict If guilty, punishment Cruel and unusual punishment forbidden 4 Amendment  “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…”  Probable cause o NEED a cause to search  Search warrant o You do not have to have one if it is endangering someone o Warrentless searches okay: arieal searches, roadside checkpoints, stop and frisks. o Warrentless searches prohibited: anonymous tip, thermal imaging devices, GPS, cell phone  Exclusionary rule o Illegally obtained evidence will be thrown out in a trial o Mapp v. Ohio (1961) 5 Amendment  Grand Juries o Don’t determine guilty or innocent, only determine if the person should be tried publically  Double Jeopardy o Can’t go back and redo. o Benton v. Maryland (1969)  Self Incrimination o Miranda v. Arizona (1966): Miranda Rule th 6 Amendment  Right to counsel o Powell v. Alabama (1932): Capitol o Gideon v. Wainwright (1963): non-Capitol o Argesinger v. Hamlin (1972): Loss of Liberty  Speedy and Public Trial o Right to know what they did wrong o Right to Witness th 8 Amendment  “…nor cruel and unusual punishment inflicted.:  Death penalty constitutional  Limits o Coker v. GA (1977): not rape o Kennedy v. LA (2008): not Child Rape o Roper v. Simmons (2005): not Juvenile Defendants.


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