important!! students with last names beginning with a-l will write the mid-term exam in mc 4021. all...

IMPORTANT!!IMPORTANT!!

• Students with last names beginning with Students with last names beginning with A-L will write the mid-term exam in MC A-L will write the mid-term exam in MC 4021. All students with last names 4021. All students with last names beginning M-Z will write in DWE 2527. beginning M-Z will write in DWE 2527.

IMPORTANT!IMPORTANT!

• SPECIAL MID-TERM OFFICE HOURS SPECIAL MID-TERM OFFICE HOURS (MIKE McGREGOR) (MIKE McGREGOR) – Wendesday, October 5th, 12:30-2:30 (PAS Wendesday, October 5th, 12:30-2:30 (PAS

1289)1289)

– No office hours Thursday.No office hours Thursday.

Exam Tip of the Day...Exam Tip of the Day...

• the mid-term exam will have two the mid-term exam will have two questions from Article #10: Stuart Taylor, questions from Article #10: Stuart Taylor, Jr. Jr. "Rights, Liberties and Security.""Rights, Liberties and Security." Brookings ReviewBrookings Review, Winter 2003. , Winter 2003.

http://www.brookings.edu/press/review/winter2003/taylor.htm

Civil LibertiesCivil Liberties

Contemporary Civil Liberties Contemporary Civil Liberties Issues...Issues...

• religious expressionreligious expression– school prayerschool prayer

School PrayerSchool Prayer• 1963 -- Court rules against against mandated daily school prayer in 1963 -- Court rules against against mandated daily school prayer in Engel v. VitaleEngel v. Vitale (1962) (1962)

– prohibition applied to formal prayers at school football games and the like, whenever prayer was prohibition applied to formal prayers at school football games and the like, whenever prayer was organized by school officialsorganized by school officials

• 1985 – Supreme Court bans daily moment of silence (if students are encouraged to pray)1985 – Supreme Court bans daily moment of silence (if students are encouraged to pray)• 1989 -- lower court ruling that pre-game invocations by coaches, officials or students at 1989 -- lower court ruling that pre-game invocations by coaches, officials or students at

high school football games were unconstitutionalhigh school football games were unconstitutional• 1990 – Supreme Court rules that prohibiting religious/prayer groups in school is 1990 – Supreme Court rules that prohibiting religious/prayer groups in school is

unconstitutionalunconstitutional• 1992 – Supreme Court ruling that graduation prayers led by members of the clergy is 1992 – Supreme Court ruling that graduation prayers led by members of the clergy is

unconstitutionalunconstitutional• 1995 -- lower court ruling that informal student-initiated, student led prayers at sporting 1995 -- lower court ruling that informal student-initiated, student led prayers at sporting

events were constitutionalevents were constitutional– students "students "are not enjoined from praying, either individually or in groups. Students may are not enjoined from praying, either individually or in groups. Students may

voluntarily pray together, provided such prayer is not done with school participation or voluntarily pray together, provided such prayer is not done with school participation or supervision.supervision.““

– unconstitutional for the school administration to include a formal prayer in the game scheduleunconstitutional for the school administration to include a formal prayer in the game schedule– reasoning reasoning

• decision (re: student led) prayers at football games upheld by Supreme Court in 2000decision (re: student led) prayers at football games upheld by Supreme Court in 2000– likely extended to graduation ceremonies (although Court refused to consider graduation likely extended to graduation ceremonies (although Court refused to consider graduation

ceremonies)ceremonies)

School Prayer Illusrates...School Prayer Illusrates...• Court rules on the case at handCourt rules on the case at hand

– does not present a comprehensive policydoes not present a comprehensive policy

– single court cases do not resolve an issue single court cases do not resolve an issue authoritativelyauthoritatively• protagonists react and adapt their strategiesprotagonists react and adapt their strategies

– policy (as determined by court rulings) is made policy (as determined by court rulings) is made up by a complex web of rulings in individual up by a complex web of rulings in individual casescases

• tension between various individual rights tension between various individual rights claimsclaims

School Prayer – The Status QuoSchool Prayer – The Status Quo• court determined conditions under which public students may pray court determined conditions under which public students may pray

or practice religion...or practice religion...– "at any time before, during or after the school-day," as long as "at any time before, during or after the school-day," as long as

the practice does not interfere with other studentsthe practice does not interfere with other students• including before eating a meal at schoolincluding before eating a meal at school

– in meetings of organized prayer or worship groups, either in meetings of organized prayer or worship groups, either informally or as a formal school organization (if other student informally or as a formal school organization (if other student clubs are also allowed at the school)clubs are also allowed at the school)

– schools can provide for a daily "moment of silence" to be schools can provide for a daily "moment of silence" to be observed as long as students are not encouraged to "pray" observed as long as students are not encouraged to "pray" during the silent period. during the silent period.



– sex educationsex education


• abortionabortion

• capital punishmentcapital punishment


– sex educationsex education

– intelligent designintelligent design

http://www.law.duke.edu/publiclaw/supremecourtonline/certgrants/2005/ayovpla.html

Background on Teaching EvolutionBackground on Teaching Evolution

• Scopes v. The State (of Tennessee), 1927Scopes v. The State (of Tennessee), 1927

• Epperson v. Arkansas, 1968Epperson v. Arkansas, 1968

• Aguillard v. Edwards, 1987Aguillard v. Edwards, 1987

• Kitzmiller v. Dover, 2005Kitzmiller v. Dover, 2005

Civil Liberties -- Absolute or Civil Liberties -- Absolute or Competing ClaimsCompeting Claims• competing claimscompeting claims

– individual rights vs. general welfareindividual rights vs. general welfare– competing rights claimscompeting rights claims

• trends (to 9/11)trends (to 9/11)– trend has been towards expansion of the definition trend has been towards expansion of the definition

and scope of civil libertiesand scope of civil liberties– fewer government actions on behalf of general fewer government actions on behalf of general

interest can justify limiting civil libertiesinterest can justify limiting civil liberties– more and more issues redefined as competing rights more and more issues redefined as competing rights

claims – claims – the legalization of politicsthe legalization of politics

Legalized Politics -- The Legalized Politics -- The ImplicationsImplications

• positive aspects of legalized politicspositive aspects of legalized politics– offers accessoffers access

– not based on popular opinionnot based on popular opinion

• negative aspects of legalized politicsnegative aspects of legalized politics– constrains general welfareconstrains general welfare

– atomizingatomizing

– style of politicsstyle of politics• adversarialadversarial• not prone to compromisenot prone to compromise

Main Point!Main Point!

• overall trend has been for Americans to overall trend has been for Americans to increasingly view themselves as rights-increasingly view themselves as rights-bearing individuals and to resolve bearing individuals and to resolve political disputes in this mannerpolitical disputes in this manner

SECURITY AND CIVIL SECURITY AND CIVIL LIBERTIES POST 9/11LIBERTIES POST 9/11

Security and Civil Liberties – An Security and Civil Liberties – An Altered Balance Post-9/11Altered Balance Post-9/11

• order/security vs. individual libertyorder/security vs. individual liberty

• immediate government reaction to 9/11immediate government reaction to 9/11• detention of non-citizens without laying chargesdetention of non-citizens without laying charges

• order that solicitor-client privilege would not be order that solicitor-client privilege would not be honored by Justice Departmenthonored by Justice Department

• refusing to provide name, location of detention or refusing to provide name, location of detention or numbers of those arrestednumbers of those arrested

– overwhelming public supportoverwhelming public support• 86% viewing govt’s action as appropriate (Newsweek)86% viewing govt’s action as appropriate (Newsweek)

Security and Civil Liberties – An Security and Civil Liberties – An Altered Balance Post-9/11Altered Balance Post-9/11• Uniting andUniting and• StrengtheningStrengthening• America byAmerica by• ProvidingProviding• Appropriate Appropriate • ToolsTools• Required toRequired to• Intercept and Intercept and • ObstructObstruct• TerrorismTerrorism

Security and Civil Liberties – An Security and Civil Liberties – An Altered Balance Post-9/11Altered Balance Post-9/11• UUniting andniting and• SStrengtheningtrengthening• AAmerica bymerica by• PProvidingroviding• AAppropriate ppropriate • TToolsools• RRequired toequired to• IIntercept and ntercept and • OObstructbstruct• TTerrorismerrorism


• USA PATRIOT ActUSA PATRIOT Act– ratification of Administration’s response to 9/11ratification of Administration’s response to 9/11

• broadened government ability to implement wiretappingbroadened government ability to implement wiretapping• access to medical, financial, educational and other access to medical, financial, educational and other

records (National Security letters)records (National Security letters)• surveillance of emails and computerssurveillance of emails and computers• power to detain and deport foreignerspower to detain and deport foreigners• increased power to detect money launderingincreased power to detect money laundering

– received overwhelming support in both House and received overwhelming support in both House and SenateSenate

– significant public supportsignificant public support

Source: ABC News Poll Vault. November 2001.


• USA PATRIOT ActUSA PATRIOT Act– ratification of Ashcroft responseratification of Ashcroft response

• broadened government ability to implement wiretappingbroadened government ability to implement wiretapping• access to medical, financial, educational and other access to medical, financial, educational and other

records (National Security letters)records (National Security letters)• surveillance of emails and computerssurveillance of emails and computers• power to detain and deport foreignerspower to detain and deport foreigners• increased power to detect money launderingincreased power to detect money laundering

– received overwhelming support in both House and received overwhelming support in both House and SenateSenate

– implementation, 2001-2005implementation, 2001-2005


• Patriot Act IIPatriot Act II• making parts of PATRIOT Act set to expire making parts of PATRIOT Act set to expire

permanentpermanent


• Patriot Act IIPatriot Act II• making parts of PATRIOT Act set to expire making parts of PATRIOT Act set to expire

permanentpermanent• passed by House of Representatives and Senate, passed by House of Representatives and Senate,

20052005

Main Point!Main Point!

• there is a strong tension between there is a strong tension between individual rights and collective well-individual rights and collective well-being in the American political systembeing in the American political system

• HOWEVER, both are recognized in the HOWEVER, both are recognized in the American constitution (and in American American constitution (and in American political practice)political practice)

The Constitution of the United The Constitution of the United States of America (1787)States of America (1787)

““We the peopleWe the people of the United States, in Order of the United States, in Order to form a more perfect Union, establish to form a more perfect Union, establish Justice, insure domestic tranquility, provide Justice, insure domestic tranquility, provide for the common defence, promote the for the common defence, promote the general welfare, and secure the Blessings of general welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the ordain and establish this Constitution for the United States of America.”United States of America.”