Conflicting Rights

n    Freedom of speech vs. the right to be protected from offensive speech

n    Freedom of religion vs. freedom not to be religious

n    Issues of Sexual preference, abortion, death penalty, etc.

n    Gun control

n    Pornography

n    Prostitution

n    Seat belts, helmets

What do we do when rights conflict?

Citizen Conflict Resolution

n    Courts

n   a perfect system?

n   Championed underdog: saluting the flag on religious grounds

n   Regrettable decisions: Dred Scott, Japanese Internment

n   objectivity: who influences judges?

n   What kinds of cases are heard by the ultimate court of appeals, the Supreme Court?

Citizen Conflict Resolution

n    Congress

n   legislation

n  Smith Act 1940: illegal to advocate overthrow of the government by force or to join an organization that encourages this.

n  (HUAC) House Un-American Activities Committee: investigated and ruined reputations of many Americans suspected of being sympathetic to the Communist Party.

n  Bradey Bill: waiting period, background check

Why we need a Bill of Rights?

n    What happens when you don’t have a list?

n    System of accountability necessary to ensure democratic values and to give the judiciary a specific list upon which to base checks of other branches

Rights included within the Constitution sometimes require extended protection

n    Is this enough w/out 6th amendment?

n    Guarantee of the right to a speedy and public trial, impartial jury, to be informed of accusations, confront witnesses, right to counsel, etc.

Constitutional Protections

n    bills of attainder: ________________________________

_______________________________________________

n    Ex post facto laws: _______________________________

   ______________________________________________.

n   Both are forbidden of national and state governments according to the Constitution 

Expanding the Constitution

Incorporation

n    Supreme Court Action making (most of) the protections of the Bill of Rights applicable to the states

n    Judicial creation, not the same as the Constitution or Bill of Rights

n    Thus this can be reversed at the decision of the court or if the court composition changes.

Selective Incorporation

n     Incorporation of rights ________________________________

n    First addressed in 1833 – Barron v. Baltimore

n   John Barron sued Baltimore for damaging his wharf by dumping sand in the water during road construction

n   Used the 5^th amendment guarantee that “private property cannot be taken for government use, without just compensation.”

n    Chief Justice Marshall said that the Bill of Rights was to protect citizens against the national government and Congress hadn’t stated a case to support the need to apply those rights at the state level

Selective Incorporation

n    Passage of 14^th amendment after the civil war reopened the question

n   No state…shall deprive a person of life, liberty or property without due process of law

n    Most courts have since then elected to use the process of selective incorporation and apply most of the bill of rights protections to the state for practical reasons

n   Freedom of speech usually is an issue within states

n   John Barron sued Baltimore for damaging his wharf by dumping sand in the water during road construction

n   Used the 5^th amendment guarantee that “private property cannot be taken for government use, without just compensation.”

n    Chief Justice Marshall said that the Bill of Rights was to protect citizens against the national government and Congress hadn’t stated a case to support the need to apply those rights at the state level

Selective Incorporation

n    This process has created a uniform definition of our basic rights that is independent of geography.”

n    Has greatly enhanced the expansion of rights in the U.S. because the vast majority of individual actions occur in the states

Speaking of Rights

n    Bill of Rights

n    Amendment I

n    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.