Civil Liberties

Research tips

The Equal Protection Clause does not grant voting rights to aliens because the Supreme Court distinguishes political rights, which belong to citizens, and other legal protections that apply to all "persons". The government reserves the right to participate in democratic processes for citizens, and courts generally only require a rational basis for the distinction, not strict scrutiny. 

For Monday:

• Tocqueville, pp. 174-179, 189-203,  513-524.
• Watch https://youtu.be/FZVfTCBUkgM?si=eeSQkD1nL-6IlG1Y 

Brown v. Board of Education and originalism. Michael McConnell (P  `06):  "Large majorities of both houses of Congress, and even larger majorities of supporters of the Fourteenth Amendment, concluded that it forbade dejure segregation of public schools. That fact puts to rest the notion that the Supreme Court had to disregard the original meaning of the Amendment in order to "do the right thing" in Brown."

Voting Rights and War

• Women's suffrage, World War I, and 19th Amendment
• Indian Citizenship Act
• The 26th Amendment and Vietnam

Inside door of the Supreme Court:

Thirty-seven percent tell Gallup that God created humans 10,000 years ago.

International comparisons

Edwards v Aguillard  -- background starting at 7:20

Amicus briefs

Decision and opinions

Edwards v. Aguillard oral argument (start around 26:00)

From Topkis's comments -- an example of the value of slow reading:

Now, this bill was of course drafted by a theologian, or somebody versed in apologetics.

There's an amusing bit of evidence on that subject in the very language of the bill.

The bill keeps using... the Act keeps using the term "evidences" in the plural.

We lawyers never speak of "evidences" in the plural. We speak of "evidence", the singular.

And I got nagged by it, and I looked it up the other day.

And of course the only dictionary reference to "evidences" is to Christian apologetics: the evidences for Christianity. This is a matter of theological disputation.

Tocqueville (p. 267): "Nothing could be more obscure and out of reach of the common man than a law founded on precedent…. A French lawyer is just a man of learning, but an English or an American one is somewhat like the Egyptian priests, being, as they were, the only interpreters of an occult science."

In this case, Lemon v. Kurtzman

• must have a secular purpose
• must have a principal or primary effect that does not advance or inhibit religion, and 
• cannot foster an excessive government entanglement with religion.

Bye, bye, Lemon v Kurtzman

The Due Process Clause and Selective Incorporation (p.93-94)

The Bill of Rights

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.  

• Free speech, libel. and slander: keep in mind the difference between civil and criminal cases.

Amendment II  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. (Rep. Chip Roy.)

 Amendment III No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

• The Exclusionary Rule (p. 107) and A 1971 movie that suggests public attitudes during the Nixon era.

Amendment V No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

• News you can use: DEALING WITH LAW ENFORCEMENT

Amendment VI In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

• Mike Ehrmantraut asserts his right to a lawyer.

Amendment VII In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

Amendment VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

• Privacy and test cases
• Roe and Dobbs

Amendment X The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.