day 9

chapter 4

the difference between liberties and rights
though the two can often be used interchangeably, there is a notable difference

civil liberties -what the government cannot do
Protections from abuses of power
restraints on government
what the government cannot do

Civil Rights - what the government must protect
entitlements, endowments - natural, inseperable
natural traits
what the government must do

society also participates in the definition and the enforcement of these rights

source - the constitution
bill of rights is not separate from the constitution - it is an important part of the constitution

the original constitution provided the following rights in article 1, section 9:
habeus corpus - arraignment
ex post facto law - retro active law
bill of attainder - a law that punishes someone without due process (trial)

you cannot pass a law that acts retroactively

it wasn't until after the civil war and reconstruction that the 13th, 14th and 15th amendments
the 13th amendment abolished slavery
the lincoln emancipation plan had no constitutional power, and only applied to the free states
14th amendment - grant of citizenship to any born in the united states, and it humanized the slaves, effectively changing the 3/5s compromise
it has been used to incorporate and nationalize

explicit and implied rights
implied: understood from the words mentioned

table 4-1 (the bill of rights and their corresponding amendment and what right they authorize)
unenumerated rights, when they are articulated, the constitution protects
the right to privacy was an issue of how we enforce a law without an invasion of privacy or a police state
the basis of roe vs. wade was based on the case law of griswold versus connecticut
roe versus wade and the pro-life and pro choice issue is when life begins
the constitution is a living document

rights and liberties
amendment 1 merely reemphasizes article 6's statement that their should be no religious qualifications, the genesis of the separation of church and state
the state has no right to set up a religion and force society to participate

theory of creationism versus evolution

supreme court has decided that evolution can be taught because it is a matter of science, and can be disproved
creation cannot be taught because it is faith

establishment clause; no establish of religion
free expression; freedom of religion

three factors must be present for government aid to be given to religious schools, also called the lemon test

1. neutrality - the criteria for how much/what money given cannot be influenced with religion
2. secularism - can only give money when the product would be non-religious studies, unless the point is comparative education
3. no excessive entanglement of the government - impartial judge of the possibility of producing useful educated students

school vouchers; can the government give money to parents that send their children to private schools

the arguments are; why can;t we send poor children to private schools, the flipside is why can't we make public schools as good as private

the commitment to family and the idea that family is central
you can do well in life economically without education
in japan and china, their needs to be functional education
the knowledge from education can equip the people with political efficacy
the family makes the sacrifice with you
one of the problems in america is an isolated and fragmented, so the concepts of what you do in high school and middle school are not seen as essential
teachers can also be a limitation
how do you decide who is a good teacher?
escalante - a good teacher who came from another culture, committed to what he wanted to do
knowledge is powerful, a tool for controlling society
fear is a powerful motivator; the lack of knowledge will inspire fear
we have created an educational class system
we do not ask ourselves how IV league colleges came to be
Iv league started as religious institutions, and have used that ames philosophy of religious excellence
the subjects taught may not be any better or worse than any other university, but the reputation will carry you farther
expectation of quality
the sense of confidence gained from the people that came before you
participating in the creation of knowledge as well as absorbing it
einstein had to acquire the knowledge to bridge philosophy to science
what if you go beyond the statement that gravity holds things in place
from his philosophy, we became aware of possibility

before you turn kids into television watching zombies, you see them as bright individuals
russo stated in the social contract; you are born free, but are chained everywhere you go
the society you grow up in shapes you, it can kill your spirit

the issue of school prayer

no prayer should be made official in any public schools
though it may be seen as neutral, you are still addressing the belief system, certain ideologies are connected with it

the ten commandments

if you have the ten commandments, you must display all religions' laws

free exercise clause: you may worship however you wish, as long as you do not impose on another person's freedoms

freedom of expression, freedom of speech

press has been extended to include forms of electronic media
can the government restrain you from saying something?
no, the government cannot restrict you to say anything, unless what you write or say will threaten the security of the united states

the protection of symbolic speech: non verbal expression

for example, burning the flag, or wearing certain forms of clothing

the protection of commercial speech

as long as something is nominally true, businesses can say whatever they want

permitted restrictions on speech

you can say what you want, unless the expression will hurt others, and you must take responsibility for your expression
rights are not absolute; they must not injure other person's rights

unprotected speech: obscenity

sexual activity and references to it, the definitions can be a problem
the miller test for sexual obscenity
"i'll know it when i see it" this will not be enough
1. does what you say or right violate contemporary standards regarding sex andd it's treatment
2. does what you say or right ....etc etc
-> page 122, "definitional problems"
3.
4. literary, artistic, political, scientific merit/value

Unprotected seech: slander

verbal defamation of character
a false statement said in a malicious manner; with intent to hurt
must have a third person to bear witness

hate speech on the internet

not encouraged

freedom of the press

once you present yourself as a public figure, you give up slander rights

gag orders

the judge can order people/reporters to not publish details until the case is finished, so as not to throw the case

the FCC regulates

the internet is considered private, but enters into the public areas

right to assemble and petition the government

the ability to bring your issues before the governemnt

More liberties under scrutiny pg 128

mercy killing, euthanasia

there must be clear and convincing evidence that the person wanted to die, decided before the coma

patriot act

rights of the accused pg 135

articles of confederation adopted in 1777, ratified in 1781
shay's rebellion - poor people's rebellion
federal constitution was written partially in response, to be able to regulate economic effects

liberty was understood differently by different people
-abstractly
-materially

federation or federalism
a system of government in which you have states with supreme central government

horizontal and vertical federalism refers to the two relationships within a federation:
the horizontal federal system is how the states are all equal, and how the branches of government are horizontally organized

right to property and right to life

john locke and thomas jefferson both had ideas on this
you may not be deprived of your property without compensation
if it must utilize eminent domain, they must pay market value
in 1965 we have an implied right to privacy
right to property is not absolute

the general ideas of the bill of rights will be on the test, where do you go for information on these things

make flash cards with the amendments