Rights, Liberties and Privacy
Writ of Habeas Corpus a court order to a person or agency holding someone in custody to deliver the imprisoned individual to the court issuing the order
Ex post facto law: a law which punishes people for a crime that was not a crime when it was committed. Congress cannot pass these laws.
Bill of attainder: an act of legislature declaring a person guilty of some crime and punishing them, often without a trial
Explanation of Clauses
Due Process: Clause in the 5th amendment limiting the power of the national government
Establishment: in the 1st amendment that states that congress shall make no law respecting an establishment of religion
Free Exercise: in 1st amendment that states that congress shall make no law prohibiting the free exercise of religion
Test to free speech- Free speech and the press are limited. Some speech is not entitled to protection.
Protected types of free speech? Freedom of Religion, Freedom of assembly and petition Limits on obscenity- The supreme court has permitted government regulation for the sale and distribution of obscene material
Fighting words- a limitation of the freedom of speech as protected by the 1st amendment to the U.S. constitution.
Hate speech- Hate speech is speech that offends, threatens, or insults groups based on race, color, religion, sex, or other traits. Of course this should be limited, but without taking away from an individuals rights.
Free Press vs. Fair Trials and Due Process?
Protections of other media- Depending on who owns the media (tv broadcast for example) may determine what gets aired as opposed to what does not.
The internet-The internet is a different form of press with similar, if not identical stipulations on what can and cannot be published.
Freedom of Assembly!
Public Forums- Protects the right to speak, doesn't protect the right to communicate views to everyone, in every place, at every time they wish
Local rules on assembly- Depending on where the assembly is being held ,in most cases, your right to assemble with permission is protected by the constitution
Do you have a right to Privacy?
The implementation and enforcement of the 1st, 4th, 5th, and 14th amendments allow the supreme court to declare rules relating to privacy.
What does the Constitution say about it? How has the Supreme Court ruled in the past?
The Four States of Privacy!
1. Solitude-Being alone
2. Intimacy- Right to choose a friend or partner
3. Anonymity- Free from identification and supervision
4. Reserve- Free to hold back information from others
How do you acquire and lose citizenship in the USA?
-to acquire citizenship into the USA, there are a few options:
- Green card naturalization
- Marry a U.S. citizen
- Join the military
- being born in the U.S.
-One may lose American citizenship by committing a statutory act, or predecessor statute, but only if the act is performed voluntarily and with the intention of relinquishing U.S. citizenship. The US Supreme Court has stated that a person cannot lose U.S. nationality unless he or she voluntarily relinquishes that status.
How does the constitution protect private property? How does the government take it away?
-The government has the right to take away property by using eminent domain. Eminent domain is the right of a government or its agent to expropriate private property for public use, with payment of compensation.
What is the due process protection of the rights of the accused?
-The rights of the accused include the right to due process, a fair trail, and to privacy.
- The 14th, 15th, 19th, and 26th amendments gave women the voting rights that all citizens deserve
Explain the need of equality for the Chicano, Asian American, and Native American movements.
Is the A protection in place for equal education for all?
-The 1st and 14th amendments give our country to opportunity to be equal in all cases. The court case of brown vs board of education was extremely important because it determined that having separate schools for blacks and rights was unconstitutional
Why is Affirmative Action controversial?
-It requires providers of opportunities to demonstrate that they are not disproportionately favoring white men, and white men like to be superior. White men, never being at a disadvantage in America, find affirmative action insulting, and therefore, controversial.