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Copyright 2011 Pearson Education, Inc.

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Chapter 15: Civil Liberties

The Basis of Our Civil Liberties First Amendment Freedoms Property Rights Due Process Rights Privacy Rights Rights of Criminal Suspects Protecting Our Civil Liberties in an Age of Terror: Whose Responsibility?

Copyright 2011 Pearson Education, Inc. Publishing as Longman

Chapter Outline and Learning Objective


The Basis for Our Civil Liberties
LO 15.1 Trace the roots of civil liberties in the original Constitution and their subsequent development in the Bill of Rights.

First Amendment Freedoms


LO 15.2 Outline the First Amendment freedoms and the limitations on them.

Copyright 2011 Pearson Education, Inc. Publishing as Longman

Chapter Outline and Learning Objective


Property Rights
LO 15.3 Explain how the Constitution protects property rights.

Due Process Rights


LO 15.4 Distinguish between procedural and substantive due process.

Copyright 2011 Pearson Education, Inc. Publishing as Longman

Chapter Outline and Learning Objective


Privacy Rights
LO 15.5 Assess the kinds of behavior that may be covered by a constitutional right to privacy.

Rights of Criminal Suspects


LO 15.6 Characterize the constitutional rights of criminal suspects.

Protecting our Civil Liberties in an Age of Terror


LO 15.7 Evaluate the roles of institutions and the people in protecting civil liberties.
Copyright 2011 Pearson Education, Inc. Publishing as Longman

The Basis for Our Civil Liberties


LO 15.1 Trace the roots of civil liberties in the original Constitution and their subsequent development in the Bill of Rights.

LO 15.1

Basis for our Civil Liberties Rights in the Original Constitution


Writ of habeas corpus Ex post facto

Bill of Rights and the States


Due process clause Selective incorporation
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LO 15.1

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LO 15.1

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First Amendment Freedoms

LO 15.2

LO 15.2 Outline the First Amendment freedoms and the limitations on them.

Freedom of Religion Establishment Clause


Congress shall make no law respecting an establishment of religion. Lemon Test

Free Exercise Clause


Congress shall make no law prohibiting the free exercise of religion.
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First Amendment Freedoms

LO 15.2

Free Speech and Free People Bad tendency test Clear and present danger test Preferred position doctrine Protected speech
Prior restraint

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First Amendment Freedoms

LO 15.2

Freedom of Speech and Free People (cont.) Unprotected speech


Libel Obscenity and pornography Fighting words and commercial speech

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First Amendment Freedoms

LO 15.2

Freedom of the Press Broadcast and Cable Communications


Federal Communications Commission

Internet
Generally unsuccessful to regulate

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First Amendment Freedoms

LO 15.2

Freedom of Assembly Time, Place, Manner Regulations


Civil disobedience

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Property Rights

LO 15.3

LO 15.3 Explain how the Constitution protects property rights.

Property Rights Rights of an individual to own, use, rent, invest in, buy, and sell property Eminent domain

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Due Process Rights

LO 15.4

LO 15.4 Distinguish between procedural and substantive due process.

Due Process Rights Procedural


Limits how government may exercise power

Substantive
Limits what government may do

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Privacy Rights
LO 15.5 Assess the kinds of behavior that may be covered by a constitutional right to privacy.

LO 15.5

Privacy Rights Abortion Rights


Roe v. Wade (1973)

Sexual Orientation Rights


Lawrence v.Texas (2003)

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Rights of Criminal Suspects

LO 15.6

LO 15.6 Characterize the constitutional rights of criminal suspects.

Freedom from Unreasonable Searches and Seizures Fourth Amendment


Protects people, not places

Exclusionary Rule Right to Remain Silent Miranda Warning


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Rights of Criminal Suspects

LO 15.6

Fair Trial Procedures Grand Jury


Indictment Plea bargain

Double Jeopardy Death Penalty

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LO 15.6

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Protecting Our Civil Liberties in an Age of Terror: Whose Responsibility?

LO 15.7

LO 15.7 Evaluate the roles of institutions and the people in protecting civil liberties.

Civil Liberties in an Age of Terror Balance between national security and civil liberties Patriot Act of 2001

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The foremost civil liberty in the original Constitution is _____.


A. Writ of habeas corpus B. Ex post facto prohibition C. Freedom of speech D. Right to bear arms

LO 15.1

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The foremost civil liberty in the original Constitution is _____.


A. Writ of habeas corpus B. Ex post facto prohibition C. Freedom of speech D. Right to bear arms

LO 15.1

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Which right has a preferred position in the Constitutional hierarchy?

LO 15.2

A. Freedom of religion B. Freedom of speech C. Freedom of the press D. Freedom of assembly

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Which right has a preferred position in the Constitutional hierarchy?

LO 15.2

A. Freedom of religion B. Freedom of speech C. Freedom of the press D. Freedom of assembly

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People have the right to ____ property.


A. Own B. Use C. Invest in D. All of the above

LO 15.3

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People have the right to ____ property.


A. Own B. Use C. Invest in D. All of the above

LO 15.3

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____ due process limits what government may do.


A. Procedural B. Substantive C. Both A and B D. None of the above

LO 15.4

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____ due process limits what government may do.


A. Procedural B. Substantive C. Both A and B D. None of the above

LO 15.4

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Privacy is found in ______.

LO 15.5

A. The First Amendment B. The Fifth Amendment C. Substantive due process D. Procedural due process

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Privacy is found in ______.

LO 15.5

A. The First Amendment B. The Fifth Amendment C. Substantive due process D. Procedural due process

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The process of holding someone over for trial is known as _____.


A. Plea bargain B. Indictment C. Double jeopardy D. Procedural due process

LO 15.6

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The process of holding someone over for trial is known as _____.


A. Plea bargain B. Indictment C. Double jeopardy D. Procedural due process

LO 15.6

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The dilemma in an age of terror is the balance between ____.


A. Civil rights and civil liberties B. National security and civil liberties C. National security and civil rights D. None of the above

LO 15.7

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The dilemma in an age of terror is the balance between ____.


A. Civil rights and civil liberties B. National security and civil liberties C. National security and civil rights D. None of the above

LO 15.7

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Text Credits
405: From Obama More Popular Abroad Than at Home, Global Image of U.S. Continues to Benefit July 2010, by Pew Global Attitudes Project. Copyright (c) 2010 by Pew Global Attitudes Project, a project of the Pew Research Center. Reprinted with permission. 407: U.S. Religious Landscape Survey, data from the GENERAL SOCIAL SURVEYS (19722006), by Pew Research Centers Forum on Religion & Public Life. Copyright (c) 2008 Pew Research Center. Reprinted with permission. 416: From U.S. Abortion Attitudes Closely Divided by Lydia Saad from GALLUP, August 4, 2009. Copyright (c) 2009 by Gallup. Reprinted with permission.

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Photo Credits
400: Robert Caplin/AP Photo 406: Peter Yates/ Time Life Pictures/Getty Images 408: (top) Carl Iwasaki/Getty Images 408: (bottom) Charles Tasnadi/AP Photo 409: Chris Seward/The News & Observer/AP Photo 410: Michael Porro/Getty Images 411: (top) Nick Ut/AP Photo 411: (bottom) Michael Caulfield/Getty Images 412: Don Emmert/AFP/Getty Images 413: Jessica Hill/AP Photo 414: Andres Leighton/AP Photo 416: Alex Wong/Getty Images 417: Nancy G. Fire Photography, Nancy Greifenhagen/Alamy 418: Mike Derer/AP Photo 419: Bettmann/Corbis

Copyright 2011 Pearson Education, Inc. Publishing as Longman

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