Chapter 15 Notes 12-08-08

Chapter 15 [12-08-08]

Bill of rights imposed limits on National government but not the state government- affirmed in the barron v. baltimore case

Constitution garuntees many liberties and rights
A. Civil liberties- freedoms garunteed to individial
(1) say what the government can't do
(2) "negative rights"
B. Civil rights- powers and privelages garunteed to individual and protected against arbitrary removal
(1) say what the government must do and provide
(2) "positive rights"
-protection of civil liberties in the bill of rights has been a center of conflicts between basic values of freedom and order

Rights in the Constitution include:
-writ of habeas corpus: requires government to present a prinsoner in court and explain to the court why person is being held
-No bills of attainder: a law that would punish a person with out a judicial trial
-No ex post facto laws: a retroactive criminal law that affects the accused negatively
-trial by jury in federal criminal cases
- protection when people more state to state
- no titles of nobility
-limits on punishment of treason
-no religious oath required for working in office
-garuntee of republican government for all states

-1st ammendment prevents government from interferring with freedom of religion- in 2 ways
(1) establishment caluse- requires government to maintain religious neutrality (seperation between church and state) but does not barr aoll assistance to religious institutions
-Supreme court accepted only incidental government support of religion:
--Lemon v. Kurtman
-three pronged test- Lemon test: establishes crtieria used by court today to judge
-this specific case says- rejected state program authority purchases of secular services for church schools.
3 points of test:
(a) statute must have a secular purpose
(b) primary effect of the statute shouldn't be able to advance or inhibit religion
(c) satute musn't excessively entangle government and religion
-Agostini v. Felton: Court loosened application of "Lemon test"- ruled New York public school teachers could teach remedial education to disadvantaged students in New York parochial schools at taxpayers expense
-Nativity scenes must pass the Lemon test
-Engle v. Vitale: Court struck down a required prayer written by New York state governments, as well as, the Lord's Prayer and 10 commandments
-Alabama law requiring a moment of silence for mediation or voluntary prayer was stuck down in Wallace v. Jaffree