Civil Liberties: Guns, Privacy, and more! CIVIL RIGHTS AND CIVIL LIBERTIES

Transcription

1 Civil Liberties: Guns, Privacy, and more! CIVIL RIGHTS AND CIVIL LIBERTIES

2 The right to bear arms is enshrined in the 2 nd Amendment: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. However, what does that mean? Must I be a militia to own a gun? Can I own a cannon? Can I own a rocket propelled grenade launcher?

3 Oddly enough the Supreme Court has rarely dealt with gun control cases. They have ruled to protect people s right to possess a firearm who are unconnected to a state militia They have ruled in favor of state laws that prohibit felons and the mentally ill from possessing firearms; also prohibitions from carrying firearms in schools and government buildings District of Columbia v. Heller, 1999: the SC ruled that the 2nd Amendment protects an individual's right to possess a firearm for traditionally lawful purposes, such as self-defense within the home and within federal enclaves. (It was the first Supreme Court case in United States history to decide whether or not the 2 nd Amendment protects an individual right to keep and bear arms for self-defense).

4 The Bill of Rights mentions specific rights (speech, fair trial), but people have also argued that the Bill of Rights implies other liberties. Congress too has interpreted the Constitution to imply things not explicitly stated as a means of obtaining more power. They used the necessary & proper clause to justify the creation of powers to carryout the expressed powers. Individuals often use the 9 th Amendment (unenumerated powers) and other amendments to justify freedoms / rights not explicitly stated.

5 Do people have the right to privacy? The right to privacy: the right to a private personal life free from the intrusion of government. The right to be left alone. Griswold v. Connecticut, 1965: The SC ruled that people have a right to privacy; they said unstated liberties are implied by the explicitly stated rights. BACKGROUND: a Connecticut law prohibited the use of any drug, medical article, or instrument for the purpose of preventing conception. A counselor & doctor were arrested for providing contraception to a married couple. The 4 th amendment (protection from unreasonable seizures) and the 9 th amendment (unenumerated rights) were mentioned as reasons for their decision that zones of privacy exist.

6 Roe v. Wade, 1973: The SC ruled that a state government s ban on abortion (during the first trimester) violated one s right to privacy. However, in subsequent cases (Planned Parenthood v. Casey, 1992) the SC has ruled that states could make restrictions on abortions (i.e. parental consent).

7 Do people have the right to marry multiple spouses? Polygamy Reynolds v. United States, have sexual relations with someone of the same gender? Lawrence v. Texas, 2003

8 ... use drugs?... hold a protest in order to burn the Koran?... execute an innocent man earlier found guilty in a fair trial?... burn the American flag?... fly the confederate flag?... rally around the flag pole before school with a teacher to pray?

9 But what about this? An Islamic center wants to build a mosque a few blocks away from where the World Trade Center once stood.

10 The simple fact is, this building is private property, and the owners have a right to use the building as a house of worship, and the government has no right whatsoever to deny that right. And if it were tried, the courts would almost certainly strike it down as a violation of the U.S. Constitution. Whatever you may think of the proposed mosque and community center, lost in the heat of the debate has been a basic question: Should government attempt to deny private citizens the right to build a house of worship on private property based on their particular religion? That may happen in other countries, but we should never allow it to happen here. Michael Bloomberg NYC mayor