Section 5                            

Constitutional Rights

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Readings: chapters 5 and 6.

 

Our constitutional rights are nearly sacred to Americans. We often use the term "right" in contexts well beyond those identified by the Constitution or the Supreme Court. How many times have you heard someone say "I've got a right to..." or "What right do you have to...." Rights are not vague ideas about what is right or wrong. They are limitations on what government can do to you and expectations about what government must do for you. They define our constantly changing relationship with government. Constitutional rights rarely apply to interactions among private citizens. Zen.

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Your Name

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5.1 Which of the following are "civil rights" and which are "civil liberties"?

civil right   civil liberty     Equal Protection

civil right   civil liberty     Free Speech

civil right    civil liberty     Privacy

civil right    civil liberty     Due Process

civil right    civil liberty     Assembly

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5.2 Freedom of speech is often thought of as an absolute guarantee of the Constitution. It has, however, been given significant limitations by Supreme Court decisions over the history of the United States. List and briefly describe the types of speech not protected by the Constitution.

5.3 What are the "establishment" and "free exercise" clauses of the Constitution? (Did you know Engel v. Vitale originated in a school district only 10 miles from St. John's University?) Are they civil rights or civil liberties?

Make note of the discussion of the Supreme Court case Webster v. Reproductive Health Services. It illustrates how malleable our rights are within the decision making context of the Supreme Court. We'll see more about this when we examine the Supreme Court in a later section.

Questions or Comments? send e-mail to Dr. Werner at drblw@aol.com

  Zen.

Thought exercise: Think about this but you need not write it. Congratulations! Today is a big day for you! This morning you were awarded the degree of Juris Doctorate. You were then hired by a law firm representing female employees in a "comparable worth" ("legal action demanding wages for women equal to those earned by men in comparable jobs" see the section on Publicity and Agenda Setting in chapter 6) case. This afternoon the Supreme Court was dazzled by your brilliant presentation and flawless logic. In a stunning reversal they decide in your favor and demand that women everywhere in the United States should receive wages equal to men in comparable jobs. While everyone else is celebrating you realize that the battle is just beginning because you understand the difference between the Myth of Rights and the Politics of Rights. Devise a strategy for making this newly established right a reality. Zen.