Changes

American Government

'''American Government'''

Outline of Lecture:

'''Tenth Lecture, November 18th – Rights'''

<br>IV. Rights of Criminal Defendants

'''I. Introduction'''

==Introduction==

This class contains many of the most publicized and controversial issues of the entire course.  As the 10th out of 15th lectures, now is a good time to address these topics.  After today you will have a long Thanksgiving break to think about them.

This class contains many of the most publicized and controversial issues of the entire course.  As the 10th out of 15th lectures, now is a good time to address these topics.  After today you will have a long Thanksgiving break to think about them.

The Establishment Clause is often in the media as the [[ACLU]] and other groups hostile to [[Christianity]] attempt to censor it from public property, incluidng [[public schools]].

The Establishment Clause is often in the media as the [[ACLU]] and other groups hostile to [[Christianity]] attempt to censor it from public property, including [[public schools]].

Free speech is often in the news as the Supreme Court considers the constitutionality of new regulations to limit political contributions and expenditures.  It is also in the news as schools consider whether students may wear T-shirts that protest President Bush.

Free speech is often in the news as the Supreme Court considers the constitutionality of new regulations to limit political contributions and expenditures.  It is also in the news as schools consider whether students may wear T-shirts that protest President Bush.

These topics – religion, speech, criminal defendants, abortion, race and gender – are the focus of most political and legal controversies.  They decide elections and the course of our country.  An individual can spend an entire career focusing on any one of them.

These topics – religion, speech, criminal defendants, abortion, race and gender – are the focus of most political and legal controversies.  They decide elections and the course of our country.  An individual can spend an entire career focusing on any one of them.

'''II. The Establishment Clause'''

==The Establishment Clause==

The [[Establishment Clause]] is the very first clause in the Bill of Rights:  “[[Congress]] shall make no law respecting an establishment of religion ....”

The [[Establishment Clause]] is the very first clause in the Bill of Rights:  “[[Congress]] shall make no law respecting an establishment of religion ....”

NOTE: do not confuse the Establishment Clause with the Free Exercise Clause, which follows it in the First Amendment: “Congress shall make no law ... prohibiting the free exercise thereof ....”  A homework question asks about the difference.

NOTE: do not confuse the Establishment Clause with the Free Exercise Clause, which follows it in the First Amendment: “Congress shall make no law ... prohibiting the free exercise thereof ....”  A homework question asks about the difference.

'''III. Free Speech'''

==Free Speech==

One clause in our Constitution has expanded in meaning far greater than every other clause.  The right to free speech has grown and grown and grown.  It threatens to swallow the entire Constitution is some respects.

One clause in our Constitution has expanded in meaning far greater than every other clause.  The right to free speech has grown and grown and grown.  It threatens to swallow the entire Constitution is some respects.

Speaking of [[gambling]], is it free speech?  Why not?  (It’s more conduct than speech, and thus does not quality as free speech.)

Speaking of [[gambling]], is it free speech?  Why not?  (It’s more conduct than speech, and thus does not quality as free speech.)

'''IV.  Rights of Criminal Defendants'''

==Rights of Criminal Defendants==

The basic rights of criminal defendants include: (1) the right to trial by an impartial jury; (2) the right against unreasonable searches and seizures (usually that means a search without a warrant), (3) the right against Double Jeopardy (being retried after being found not guilty); (4) the right to receive a Miranda warning when taken into custody; (5) the right to a hearing before a judge if held in jail (writ of habeas corpus); and (6) protection against cruel and unusual punishment.  There are other rights also.

The basic rights of criminal defendants include: (1) the right to trial by an impartial jury; (2) the right against unreasonable searches and seizures (usually that means a search without a warrant), (3) the right against Double Jeopardy (being retried after being found not guilty); (4) the right to receive a Miranda warning when taken into custody; (5) the right to a hearing before a judge if held in jail (writ of habeas corpus); and (6) protection against cruel and unusual punishment.  There are other rights also.

Today, however, some conservatives agree with liberals that the federal government has gone too far in expanding its criminal power.  The Patriot Act was passed to combat terrorism, but it has now been used to investigate non-terrorists also.  Almost no conservative is concerned about suspected terrorists in Guantanamo Bay, but conservatives are worried about abuse of federal powers against American citizens.  President Bill Clinton’s White House was found to have top secret FBI files on his political opponents.  Do we want a future president to be able to prosecute his adversaries?  Do we want to allow even the chance of that?  The Constitution only allows a few federal crimes, like treason or misconduct on the high seas.

Today, however, some conservatives agree with liberals that the federal government has gone too far in expanding its criminal power.  The Patriot Act was passed to combat terrorism, but it has now been used to investigate non-terrorists also.  Almost no conservative is concerned about suspected terrorists in Guantanamo Bay, but conservatives are worried about abuse of federal powers against American citizens.  President Bill Clinton’s White House was found to have top secret FBI files on his political opponents.  Do we want a future president to be able to prosecute his adversaries?  Do we want to allow even the chance of that?  The Constitution only allows a few federal crimes, like treason or misconduct on the high seas.

'''V. Gender Equality'''

==Gender Equality==

Men and women, and boys and girls, are different in many important ways.  Men like and are better at playing football, for example.  This can be seen by flicking on the television on a fall Sunday afternoon.  Women like fashion and are better at it, to take another example.  Plumbers and firemen are almost entirely men; librarians and secretaries are almost entirely women.  Mothers are entirely women!  A gender-blind society where all differences are ignored is irrational and doomed for failure.  Yet some insist that the law should push us towards a unisex society.

Men and women, and boys and girls, are different in many important ways.  Men like and are better at playing football, for example.  This can be seen by flicking on the television on a fall Sunday afternoon.  Women like fashion and are better at it, to take another example.  Plumbers and firemen are almost entirely men; librarians and secretaries are almost entirely women.  Mothers are entirely women!  A gender-blind society where all differences are ignored is irrational and doomed for failure.  Yet some insist that the law should push us towards a unisex society.

In California and Michigan there has been a big push to apply the “proportionality test” to public high schools.  What do you think?

In California and Michigan there has been a big push to apply the “proportionality test” to public high schools.  What do you think?

'''VI. Issues '''

==Issues==

1.  What do you think of the proportionality test?

1.  What do you think of the proportionality test?