Week 5 Notes
Week 5 Notes POL241
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This 2 page Class Notes was uploaded by Mikayla Notetaker on Monday October 3, 2016. The Class Notes belongs to POL241 at Miami University taught by Tarah F. Williams in Fall 2016. Since its upload, it has received 3 views. For similar materials see American Political System in Humanities and Social Sciences at Miami University.
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Date Created: 10/03/16
I. Civil Liberties a. Basic political freedoms that protect all citizens; things government can’t do you b. Distinct from Civil rights (positive rights: vote, against discrimination, etc) c. Bill of Rights i. Worded in negative ii. Missing amthdment 1. 14 amendment applied BOR to states on cases by case basis since BOR did not originally apply to states 2. “no state shall deprive any person of life, liberty, or property without due process of law” 3. Barron v. Baltimore (1833) a. City ruined a privately owned wharf b. State court: ruled for Barron c. Supreme Court ruling: BOR only applies to federal government iii. 1 amendment rights: 1. Freedom of expression, assembly, speech, religion 2. Balance between interests 3. Nazis marching in Skokie 4. Research on tolerance 5. Threatless support for civil liberties iv. Rights are not absolute; can’t shout fire in crowded area v. Modern challenges to free speech: 1. Political contributions a. Form of free speech b. Parties limited, contributions to some outside groups limited vi. Due Process rights 1. 4 , 5 , 6 , and 8 amendments 2. Unreasonable searches and seizure 3. Fair trial 4. Consult a lawyer 5. Freedom from self-incrimination 6. Know the crime you are accused of 7. Confront your accuser in court vii. Critical cases 1. Mapp v Ohio (1961) a. Selective incorporation of the 14 amendment to the states b. Police searched woman’s house w/o warrant and found illegal pornography c. Court found she could not be convicted with the evidence that was illegally obtained 2. Gideon v. Wainwright (1965) a. Poor man convicted, can’t afford lawyer, one not appointed to him th b. Incorporated right to counsel found in 6 3. Miranda v. Arizona a. Miranda rights: list of civil liberties that spell out an individual’s rights when charged of a crime viii. Privacy rights: 1. Not explicit in constitution, but implied 2. Amendments that imply right (Griswold v. CT right to privacy with contraceptives in 1960’s) 3. 3 Amendment against quartering th 4. 4 thainst search and seizure 5. 5 against self-incrimination 6. 9 won’t deny or disparage rights retained by people 7. Expanded with Roe v. Wade th a. Added “personal liberty” in 14 Amendment b. Added “rights reserved to the people in the 19 ” th