POL 106 Chapter Notes - Chapter 4: Compulsory Process Clause, Sixth Amendment To The United States Constitution, Exclusionary Rule
30 Jun 2018
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Chapter 4
●Bill of rights in history
○Early interpretation of the bill of rights
■Bill of rights protected citizens only against actions of federal
governments
■Civil rights protections varied by states
■Supreme Court as guardian of civil liberties in 1950s
○The incorporation process and nationalism of constitutional rights
■Fourteenth amendment
●Provided protection of all individuals from the actions of state and
local governments
●Protects against arbitrary actions of state
■Due process clause
■Incorporation of civil liberties into meaning of due process
■***The constitution does not specifically state that every citizen has the
right to privacy
○First amendment of rights
■Freedom of religion
■Establishment of religion
●Establishment clause
○Prevents the government from declaring a national religion
●Lemon test
○Determines constitutionality based on three questions
(constitutionality of actions)
○A law or government practice is allowed if it…
■1. Has a secular purpose
■2. Does not inhibit or advance religion
■3. Does not create an excessive entanglement of
government and religion
■Free exercise of religion
●Free exercise clause
○Right to practice religion without government interference
○Limited placed on acts
●Strict scrutiny
○Government must prove why law that restricts religious
freedom is necessary
■Freedom of speech
●Limits to free speech
○You can’t falsely yell “fire” and cause a panic
●Clear and present danger test
○Restricted if it poses immediate threat
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Document Summary
Early interpretation of the bill of rights. Bill of rights protected citizens only against actions of federal governments. Supreme court as guardian of civil liberties in 1950s. The incorporation process and nationalism of constitutional rights. Provided protection of all individuals from the actions of state and local governments. Incorporation of civil liberties into meaning of due process. ***the constitution does not specifically state that every citizen has the right to privacy. Prevents the government from declaring a national religion. Determines constitutionality based on three questions (constitutionality of actions) A law or government practice is allowed if it . Does not create an excessive entanglement of government and religion. Right to practice religion without government interference. Government must prove why law that restricts religious freedom is necessary. You can"t falsely yell fire and cause a panic. Most protests and critical viewpoints now protected. Reasonable time, place, and manner restrictions protect public safety.
