Civil Liberties in the US

general courses

No Prerequisite.

Remote learning

The format of this course is rather a "hybrid" model. American universities favour lectures by the instructor, largely parallel to textbook readings. European universities favour independent student readings and research, followed by discussions in the classroom. The focus of study is America. We are in Europe! Please read all cases before the class when these have been scheduled for discussion. Of course, students are encouraged to read more than the cases.The Supreme Court of the United States hands down decisions almost weekly from the first Monday in October until the end of June in each year. This means that what were once important cases may become overshadowed by newer decisions. In practise, each new year brings about more decisions to study in a course such as this! We want to stay on the cutting edge of legal change, and to do so we need to have access to the latest case books.

This Course will introduce the Bachelor level student to civil rights and liberties under the United States Constitution, primarily the first 10 Amendments thereto known as its Bill of Rights. First Amendment protections include freedoms of assembly, religion, the press, speech and other forms of expression, and the right to petition the government to redress grievances. Second Amendment safeguards involve what has become known as the “right” to keep and bear arms. Prohibition against the government’s quartering troops in private homes during peacetime is covered by the Third Amendment. Reasonableness of searches and seizures of persons, houses, papers, and “effects” is regulated pursuant to the Fourth Amendment that requires warrants to be issued by a neutral and detached magistrate upon probable cause supported by oath or affirmation and particularly describing the person or property to be searched or seized, subject to limited exceptions. Protections under the Fifth Amendment include requirements of Due Process of Law in Federal proceedings, together with the privilege against compulsory self-incrimination, limited protection from double jeopardy, the right to have a grand jury screen criminal charges (limited by decisions of the Supreme Court), and protection from seizure of one’s private property without just compensation in “eminent domain” proceedings. Safeguards inside the court room during criminal proceedings are listed in the Sixth Amendment, and they include the right to a speedy and public trial by jury, notice of each charge, right to confront and cross-examine adverse witnesses and right to subpoena favorable witnesses, and to have assistance of legal counsel for defence. Procedures governing civil lawsuits including right to jury trial are covered in the Seventh Amendment, largely diluted by the Supreme Court over the centuries. Excessive bail and fines together with cruel or unusual punishment are prohibited under the eighth Amendment. Rights not enumerated also are protected in the Ninth Amendment, known as “The Rights Of Englishmen,” preserved in common law heritage. Rights not delegated to the United States are reserved to the states or to the people by the Tenth Amendment.

Is the Bill of Rights obligatory upon the states? Many protections have been made obligatory by the Supreme Court by “incorporating” them through the Due Process or the Equal Protection Clauses of the Fourteenth Amendment, known as "selective incorporation." We will address Facts, Issues, Holdings, Majority or Plurality Opinions, Concurring and Dissenting Opinions, with Rationales in textbook cases considered to be appropriate examples of appellate case law currently.

As this Course is available to OGUN students, it will be offered primarily online. Link to the Kampus2 Platform is at https://kampus-student2.ckc.uw.edu.pl/course/view.php?id=8992

Strongly Recommended.

Barker, Lucius J., Michael W. Combs, Kevin L. Lyles, H.W. Perry, Twiley Barker. 2010. Civil Liberties Under the Constitution: Cases and Commentaries. Upper Saddle River: Pearson Prentice Hall (9th edition).

Epstein, Lee, and Thomas G. Walker. Constitutional Law for a Changing Society: Rights, Liberties, Justice . Washington: CQ Press (9th edition 2016).

file: /// C: /Users/Windy/Downloads/Constitutional%20Law%20for%20a%20Changing%20America%20Rights,%20Liberties,%20and%20Justice%20by%20Lee%20Epstein,%20Thomas%20G.%20Walker% 20 (z-lib.org) .pdf

Gerstein, Josh, and Alexander Ward. 2022. "Supreme Court has voted to overturn abortion rights, draft opinion shows," Politico. 02 May. https://www.politico.com/news/2022/05/02/supreme-court-abortion-draft-opinion-00029473

Irons, Peter H. 2005. Cases and Controversies: Civil rights and Liberties in Context. Prentice Hall: Englewood Cliffs, N.J.

Jones, David A. 2009. "The United States Constitution, its Bill of Rights, and Selective Disincorporation through the Fourteenth Amendment," in ed. Jolanta A. Daszynska, Konstytucja Stanow Zjednoczonych Ameryki: Reminiscencje w 220, rocznice uchwalenia. Lodz: University of Lodz Press, 31-47.

Jones, David A. 2008. “Twentieth Century American Legal Literature: Were the ‘Crits’ Right?” in Chylińska, Boźenna, ed. 2008. Ideology and

Rhetoric: Constructing America. Cambridge: Cambridge Scholars Publishing.

Rothstein, Richard. 2018. The Color of Law: A Forgotten History of How Our Government Segregated America. New Yotk: Liveright Publishing Corporation.

Stevenson, Bryan. 2015. Just Mercy: A Story of Justice and Redemption. New York: Penguin Random House Spiegal & Grau.

Stone, Richard. 2012. Textbook on Civil Liberties and Human Rights. Oxford: Oxford University Press.

Recommended Books:

Abadinsky, Howard. 2014. Law, Courts, and Justice in America. Long Grove, IL: Waveland Press. ISBN 139780132328630

Alexander, Michelle. 2012. The New Jim Crow: Mass Incarceration in the Age of Colorblindness. New York: New Press.

Billias, George Athan. 2011. American Constitutionalism Heard Round the World, 1776-1989: A Global Perspective. New York: New York University Press.

DiAngelo, Robert. 2018. White Fragility: Why It's So Hard for White People to Talk About Racism. Boston: Beacon Press.

Foster, James, and Susan M. Leeson. 1998. Constitutional Law: Cases In Context, Vol. I: Federal Governmental Powers and Federalism. Prentice Hall: Englewood Cliffs, N.J.

Sullivan, Harold J. 2005. Civil Rights And Liberties: Provocative Questions And Evolving Answers. Prentice Hall: Englewood Cliffs, N.J. (2d edition).

Websites:

United States Supreme Court cases are briefed online at this Website:

http://www.oyez.org/oyez/resource/case

See the Cornell Constitutional Law “Electronic Page” website:

http://straylight.law.cornell.edu/topics/constitutional.html

Upon completing this Course, the bachelor student should understand:

1. The core purposes and reasons why the Framers of the United States Constitution and its Bill of Rights decided upon the various protections enumerated, but omitted others.

2. The meaning of Freedom of Expression, and its component elements including Speech, Assembly, Religion, and (by implication) Privacy.

3. The limited meaning and protection of a citizen’s Right to Keep and Bear Arms.

4. The requirement that every Search or Seizure of a person or of property must be “reasonable” and, wherever practical, authorized by Warrant issued by a Neutral and Detached Magistrate upon Probable Cause supported by Oath or Affirmation.

5. Protection against Compulsory Self-Incrimination, Double Jeopardy, or prosecution without Indictment or Presentment by a Grand Jury, although some protections have been diluted by the Supreme Court.

6. Protection during and within the Judicial Process, including the Right to Notice of the Charge(s), Confrontation and Cross-examination of Adverse Witnesses, Power to Subpoena Favourable Witnesses, Right to Jury Trial and to Unanimous Verdict, although some protections have been diluted by the Supreme Court.

7. Protection from Cruel and Unusual Punishment and from Excessive Bail, although some protections have been diluted by the Supreme Court.

8. The “Rights of Englishmen,” incorporating by reference all of the basic protections American Colonists enjoyed on and before American severance from Great Britain on 04 July 1776.

9. Factors needed to consider intelligent forecasts of changes in American civil liberties likely to be made in the administration of the 45th United States President, Donald J. Trump, from his Justice Department.

10. Background and sentiments of candidates the 45th President of the United States, Donald J. Trump, is likely to nominate to the United States Supreme Court in his first term in office.

11. Factors needed to consider changes in appellate case law and precedent likely to result from up to four appointments the 45th United States President, Donald j. Trump, is likely to make to the United States Supreme Court during his first term in office.

12. Reasons why both conservatives and liberals disagree with each other and together are likely to disagree with the 45th President of the United States, Donald j. Trump, over civil liberties generally and particularly over thorny dilemmas including but not limited to abortion, firearms control, apportionment of Congressional districts, public demonstrations that lead to social unrest.

Students will be graded according to the following proportions:

Class attendance is required. More than three absences without acceptable excuse will be grounds for course failure.

20% Case Presentation

20% Midterm Examination

20% Term Paper Presentation to the class with PowerPoint slides.

40% Term Paper (Must Be Related To The Course, Approved By The Instructor).