GPOSC Chapter 4 Civil Liberties Lecture Notes (Part one and Part two)
GPOSC Chapter 4 Civil Liberties Lecture Notes (Part one and Part two) GPOSC 225
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This 9 page Class Notes was uploaded by Andie Gargiulo on Monday September 28, 2015. The Class Notes belongs to GPOSC 225 at James Madison University taught by TIm LaPira in Fall 2015. Since its upload, it has received 160 views. For similar materials see U.S. Government in Political Science at James Madison University.
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Date Created: 09/28/15
Chapter 4 Civil Liberties Lecture notes part one Intro 99 problems by layZ verse 2 and the 4th Amendment 1 Year is 94 and in my trunk is rawquot Meaning there s drug in the trunk of the car 2 My rearview is MF law I got two choices pull over or bounce I ain39t trying to see no highway chase Plus I got a few dollars I can fight the casequot IayZ has two options listen to the cop and pull over or try to run from the cop If he were to try to drive away and resist being pulled over than he would give the cop the right to use deadly force because the cop has to protect the rights of other people as well Also any lawyer will gladly take your money to defend you in court and there s a good chance that if you pull over and listen to the cop first then you could later get off on a technicality if things were to go wrong considering the drugs in the trunk 3 Son do you know what I m stopping you forquot IayZ does not have to answer this because he can wait until there s a lawyer present to talk and keep himself out of trouble However it would be best that you tell the cop politely that you rather not talk Your civil liberties kick in immediately at the point you decide to listen to the cop and pull over now it s the cop s job to protect your civil liberties the best he can Cause I m young and I m black and my hat s real low Do I look like a mind reader sir Am I under arrest or should I guess some mo quot IayZ is now accusing the cop of racial profiling which falls under the category of CIVIL RIGHTS NOT CIVIL LIBERTIES 0 Remember the cop is in charge of protecting you civil liberties in this case not necessarily civil rights However cops have the right to Drug Courier Profiling which deals with assuming people who fit a drug profile and indeed associated with drugs Doing 55 in a 54 License and registration and out of the car are you carrying a weapon a lot of you are I ain t stepping out of shit all my papers legitquot Well 55 on a 54 is still illegal Not stepping out of the car is now probable cause and the cop can assume you re hiding something in the car during a traffic stop a cop only needs probable cause to search your car NOT a warrant Mind ifI look around the car Well the glove compartment is locked and so is the trunk I know my rights so you gon need a warrant for thatquot Well IayZ does not in fact know his rights in this case CIVIL RIGHTS ARE NOT THE SAME AS CIVIL LIBERTIES What are your Rights CIVIL LIBERTIES CIVIL RIGHTS Protects citizens from intrusion of the Demands government to intervene in government order to protect citizens from discrimination INDIVIDUALISM EQUALITY Most people would say these are equally important one is not more crucial than the other What happens when they con ict Civil Liberties When most people are thinking about these they are really just thinking about the 1St Amendment 9 freedom of speech religion press etc 5th Amendment broken down 1 No person shall bequot 9 a person when this was written was only considered white males who owned property 2 KEY nor be deprived of life liberty or property without due process lawquot 9 this is where our civil liberties lie Civil War Amendments 13th Amendment Abolished slavery However it did not state whether or not a slave was now a citizen 15th Amendment People who were previously slaves are now citizens of the US Finally the Constitution defines what a citizen of the US really is quotCitizens of the US w of the state wherein they residequot this means states cannot pass separate laws about what it means to be a citizen this also fixed the aw of Federalism because this means everyone must follow the SAME basic rules quotandquot is super important because this is what gives you civil liberties CIVIL a I I LIBERTIES 9 Nor shall any m depr1ve any person of llfe llberty or property without due process lawquot MSeen before in the 5th Amendmentquotquot CIVIL Nor deny any person within its jurisdiction the equal protection RIGHTS9 of the lawsquot quotANEW unique to the 14th Amendmentquotquot Civil Liberties are a matter of political interpretation Example getting pulled over by a copquot You are giving up your civil liberties by agreeing to pull over HOWEVER your life and property are being protected by the state The Scale of Justice CIVIL LIBERTIES LIFE AND PROPERTY Compelling Interest The state has the power to take away civil liberties in situations where it is absolutely necessary to protect the life and property of others Example quotReligious use of poisonous snakesquot These were poisonous snakes and sometimes they would bite the Pastors or even escape and bite observers including children poisonous meaning ending in death The court found it compelling to protect the life and property of children attending these ceremonies so the civil liberties of the Pastors to use the snakes was taken away Westboro Baptist Churchquot Group of crazy people who protest the funerals of veterans claiming God hates gaysquot and that these veterans died because they protect a society that supports homosexuality THIS IS NOT AN EXAMPLE OF COMPELLING INTEREST because m m is still protected since it is an expression of ideas Just because it s offensive is not enough means to take away civil liberties RECAP YOU DID NOT ALWAYS HAVE CIVIL LIBERTIES THROUGH THE CONSTITUTION THESE WERE FINALIZED AFTER THE CIVIL WAR Chapter 4 Civil Liberties Lecture notes part two Two Perspectives on Federalism and Citizenship 5th Amendment 14th Amendment Who s protected Persons persons 13th Amendment When are they protected Federal court jurisdiction Federal AND court jurisdiction What is protected Life Liberty and Property Life Liberty and Property Due process of law Due process of law The 14th Amendment actually applies the Constitution to your life How did this A go over Selective Incorporation Political evolution of Federalism Citizenship and your Rights Dual Cooperative Federalism Federalism gt Civil War gt NLRB VampR 1789 Amendments Steel 2015 1868 1937 Hypothetical Total Incorporation Federal and Federalism I IState I Citizenship Civil W a r NLRB V 1ampR Cltlzenshlp Amendments Steel 1 789 2 01 5 1868 1937 Selective Incorporation case by case decision of whether or not to include civil liberties written down in the bill of rights A civil liberty ruling in one case doesn t make it the same for all cases gtkWe still have areas of our lives that are not protected yet BECAUSE the court hasn t incorporated all of bill of rights civil liberties yetf lt Your Liberties One by One Not yet incorporated Indictment by grand jury which is a group citizens who decide if formal criminal charges should be filed against the person accused of a crime Jury trial in a civil case a civil case is a legal dispute between two or more parties Prohibition against excessive fines These are all written in the Bill of Rights yet not incorporated Incorporated Eminent domain compensation 1897 state wanting to buy property has to establish just price Freedom of speech 1925 Freedom of assembly 1937 Search and seizure protection 1961 included Miranda Rights 9 very important because before these were established cops would just beat a confession out of people Right to bear arms 2010 Right to marry 2015 Obergefell V Hodges Example that shows incorporated does not mean accepted Recap Underlying theme This all shows that our ciVil liberties are subject to political debate and are not as set in stone as most people think they are
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