Week 6 Outline
Civil Liberties and Due Process
Bill of Rights the result of a bargain struck at the Constitutional
Convention
-
Only national application
-
Great irony
14th Amendment - Due process clause extends Bill of Rights to the states
selectively.
Freedom of Religion
See report
on the number of children enrolled in the voucher program that attend Catholic
schools.
What should be the balance between church and state? How to decide?
Establishment Clause
-
Lemon Test
-
Endorsement Test
-
Non-preferential Test
Free Exercise Clause
Freedom of Speech
Republicans in Texas are suing to get this website removed from the
internet.
Take a look: http://www.enronownsthegop.com
See the
NY Times story about the case.
Absolute Protected Speech
-
Truth
-
Political
-
Clear and Present Danger Test
Conditionally Protected Speech
-
Libel
-
Obsenity
-
Symbolic Speech
-
Commercial Speech
Why are liberties so hard to protect?
Due Process Liberties
4th Amendment
5th Amendment - Court-related Rights
-
Grand juries
-
Double Jeopardy
-
Palko v. Connecticut (1937)
-
Self-incrimination
-
Miranda v. Arizona (1966)
-
Read about the case of John Walker and his defence
6th Amendment - Fair Trial
-
Court Appointed Attorney
-
Giddeon vs. Wainwright (1963)
Right to Privacy
-
Birth Control
-
Griswold v. Connecticut (1966)
-
Abortion