Introductory overview for National Government.

1. Parks and Demonstrations

2. Originally 12
amendments
and ten pass.
Passed Later?
Varying
compensation
for congress
(1992).
What didn’t?
Number of
reps per
state.

3. In Barron v. Baltimore (1833), the
Court held that the Bill of Rights did
not apply to state laws. With the
passage of the Fourteenth
Amendment in 1868, the Court
began to apply the Bill of Rights to
the states. Section I of the
Fourteenth Amendment reads “No
State shall…deprive any person of
life, liberty or property, without due
process of law.”
14th Amendment

4. With the passage of the Fourteenth Amendment in 1868, the Court
began to apply the Bill of Rights to the states. Section I of the
Fourteenth Amendment reads “No State shall…deprive any person of
life, liberty or property, without due process of law.” 14th Amendment

5. “No State shall…deprive any person of life, liberty or property,
without due process of law.” 14th Amendment - 2

6. Gitlow v. New York (1925) the
Court held that the
Fourteenth Amendment
protected the freedom of
speech
Incorporation Theory—the
view that most of the
protections of the Bill of Rights
apply to state governments
through the Fourteenth
Amendment’s due process
clause.

7. “No State shall…deprive any person of life, liberty or
property, without due process of law.” 14th Amendment - 3

8. Establishment Clause—the part of
the First Amendment prohibiting
the establishment of a church
officially supported by the national
government. It is applied to
questions of the legality of giving
state and local government aid to
religious organizations and schools,
allowing or requiring school
prayers, and teaching evolution
versus intelligent design.

9. Free Exercise Clause—the provision of the first
Amendment guaranteeing the free exercise of
religion. The provision constrains the national
government from prohibiting individuals from
practicing the religion of their choice.
Religion and the Presidency

10. School Vouchers
Originated in Ohio
and currently ten
states allow public
funds to be used for
private education.
Bush supported
Obama Opposes

11. Engel v. Vitale (1962)—The
State Board of Regents
were challenged on the
generic prayer spoken
aloud in pubic schools.
Abington School District v.
Schempp (1963) outlawed
the Lord’s prayer. States
have interpreted moment
AP Photo/The Lufkin Daily News, Joel Andrews of silence in public schools
as long as the purpose is
secular.

12. Epperson v. Arkansas (1968),
the Supreme Court held that
the Arkansas law prohibiting
the teaching of evolution
violated the establishment
clause, imposing religious
beliefs on students. To avoid
lawsuits, school districts
employ ambiguous language,
focusing on the strengths and
weaknesses when discussing
evolution.

13. Both born in NJ to first
generation immigrants
Both Roman Catholic
Both graduated from
Harvard
Both appointed by
William J. Republican Presidents Antonin
Brennan Scalia
Easy Senate
Confirmations

14. “The genius of the Constitution rests not in any
static meaning in may have had in a world that
is dead and gone,” he wrote in a 1997 essay,
“but in the adaptability of its great principles to
cope with current problems and present
needs.” He saw the animating spirit of the
Constitution as the protection of the dignity of
the individual against the power of majoritarian
government. At the Supreme Court, Brennan
William J. cheerfully and tirelessly lobbied fellow justices
Brennan for the extra votes needed to win a victory for
free speech, defendant’s rights, or a broader
vision of equal rights.
Source: http://law2.umkc.edu/faculty/projects/ftrials/scopes/brennanscalia.html

15. Insists that the Constitution’s meaning was
determined by the “original intent” of its drafters
and ratifiers— a “frozen” and limiting
document. He so aggressively promotes his
conservative views on issues before the Court that
he oftentimes alienates the very justices whose
votes might have tipped a case in his favored
direction. Steven Shapiro, national legal director
of the ACLU, observed, “I think he is one justice
who thinks his influence is not putting together Antonin Scalia
majorities today but influencing history
tomorrow.” In oral arguments, the combative
Scalia frequently asked more questions than the
other eight justices put together.
Source: http://law2.umkc.edu/faculty/projects/ftrials/scopes/brennanscalia.html

16. The Court announced its decision in Edwards v
Aguillard on June 19, 1987. Writing for the
Court, Justice Brennan said the state failed to
identify a “clear secular purpose” for the Act, as
required by the Constitution. Brennan
concluded that Louisiana’s stated goal of
protecting “academic freedom” was a
sham. The real goal, as he saw it, “was to
narrow the science curriculum.” Justice Scalia, in
a typically colorful dissent joined by Chief
William J. Justice Rehnquist, accused Brennan and the
Brennan majority of deciding constitutional issues “on
the gallop” and “impugning the motives” of the
law’s supporters.
Source: http://law2.umkc.edu/faculty/projects/ftrials/scopes/brennanscalia.html

17. As far as the Constitution is concerned, Scalia
insisted, all that matters is that legislators sincerely
believed that creation science was scientific. It is
not necessary, for constitutional purposes, that
their collective assessment was right. If a
legislature full of ignoramuses requires geography
teachers to teach that the earth is flat, it is a sorry
state of affairs—but not an unconstitutional one.
Moreover, the fact that many supporters of the law
might also have had religious motivations is of no Antonin Scalia
concern. Scalia noted that the Court would never
“strike down a law providing money to feed the
hungry or shelter the homeless” just because
legislators might have had religious beliefs that
influenced their decision.
Source: http://law2.umkc.edu/faculty/projects/ftrials/scopes/brennanscalia.html

18. In Pleasant Grove City v.
Summum (2009), the
Supreme Court ruled that
by accepting
monuments, the City of
Pleasant Gove was
exercising its own
freedom of speech,
rather than regulating
the speech of others.
AP Photo/Al Behrman

19. The Free Exercise
Clause
Individuals may hold
any religious beliefs
and practices, but if it
works against public
policy and public
welfare, the
government can act.

20. Churches and other
religious organizations are
tax exempt and cannot
endorse candidates or
make political
contributions
They are allowed to take
ballot positions.
California Proposition 8
opposition paid for by
Mormons and Roman
Catholics.

21. Amendment I
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.

22. Symbolic Speech
Commercial Speech
Permitted restrictions
on free speech
Obscenity
Hate speech
Supreme Court
1st Amendment – Jon Stewart

23. In the New York Times v.
United States (1971), the
Court ruled that the
Pentagon Papers had
the right to be published
and that the
government carries the
burden of showing
justification for the
enforcement of such a
restraint.

24. Symbolic Speech—
Expressions made through
articles of clothing, gestures,
movements, and other
forms of nonverbal conduct
are free speech. Established
in Tinker v. Des Moines
School District (1969).
The government can ban
forms, but must prove
John Tinker, 15, & Christopher Eckhardt, 16
intimidation, and cannot
infer it from the action

25. Advertising has
increasingly been given 1st
Amendment protection.
Restriction is valid as long
as it
Seeks to implement a
substantial government
interest
directly advances that
interest, and
goes no further than
necessary to accomplish its
objective.

26. Slander
The public uttering of
a false statement that
harms the good
reputation of another.
The statement must
be made to, or within
the hearing of, persons
other than the
defamed party.

27. Student Speech
Rights of Public
School Students
College Student
Activity Fees
Campus Speech and
Behavior Codes
AP Photo/The Arizona Daily Wildcat,
Roxana Vasquez

30. Defamation in writing
Libel—a written
defamation of a person’s
character, reputation,
business or property
rights. New York Times v.
Sullivan (1964), the
Supreme Court held
when a statement against
a public official was made
with actual malice,
damages could be
obtained.

31. Gag Orders
Courts have
upheld gag
orders when
necessary to
ensure that the
defendant
receives a fair
trail.

32. Movies – self
regulating.
FCC (1934)
created to
regulate the
electronic
airwaves

33. In the 1960’s the
Court interpreted the
right to privacy in the
1st, 3rd, 4th, 5th and 9th
amendments.
1973 Roe v. Wade
was considered a
privacy issue for
women.

34. Privacy Act of 1974.
The first
comprehensive
legislation
regulating the use
of federal
government
information and
private citizens.

35. 80’s-90’s more
conservative
court.
Abortion regulations
vary by state.
Clinic violence
buffer zones
Limiting abortion
rights.

36. The right to
die
Roving
wiretaps
Warrants
Patriot Act

37. The rights of the
accused (4th, 5th, 6th
and 8th amendments).
Miranda v. Arizona
The death penalty