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Civil Liberties and the Bill of Rights

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Overview

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The civil liberties and constitutional rights possessed by our nation's citizens are a uniquely American invention. And when we were taught history and learned about the Constitution and its Bill of Rights, we were always made aware of that uniqueness - of the extraordinary experiment that gave to every citizen of this new nation a gift possessed by no others.

Now you can learn exactly what that gift was - in a series of 36 lectures based on Supreme Court opinions from dozens of the Court's most important landmark decisions, presented by John Finn of Wesleyan University, an award-winning teacher who is also an internationally recognized expert in constitutional law.

You'll learn just what liberties and rights the Founders wanted the new government to protect, as well as how we get from what Professor Finn calls the Constitution's “wonderfully elastic and vague” language to the finely tuned specifics of the Supreme Court's opinions about speech, abortion, and religion, and so much more. And you'll grasp the hard truth that no matter how unwavering the Constitution's language on any subject may appear, things are almost invariably more complicated than it would seem at first reading.

The result is a legacy of questions that multiplies with each passing decade, and explains why generations of jurists and legal scholars, not to mention legislators, presidents, and citizens, have argued so long and hard about the meaning of what often appears to be unambiguous phrasing.

Syllabus

  • What Are Civil Liberties?
  • The Bill of Rights—An Overview
  • Two Types of Liberty—Positive and Negative
  • The Court and Constitutional Interpretation
  • “Marbury v. Madison” and Judicial Review
  • Private Property and the Founding
  • “Lochner v. New York” and Economic Due Process
  • The Takings Clause of the Fifth Amendment
  • Fundamental Rights—Privacy and Personhood
  • Privacy—Early Cases
  • “Roe v. Wade” and Reproductive Autonomy
  • Privacy and Autonomy—From “Roe” to “Casey”
  • Other Privacy Interests—Family
  • Other Privacy Interests—Sexuality
  • Same-Sex Marriages and the Constitution
  • The Right to Die and the Constitution
  • Cruel and Unusual? The Death Penalty
  • The First Amendment—An Overview
  • Internal Security and the First Amendment
  • Symbolic Speech and Expressive Conduct
  • Indecency and Obscenity
  • Hate Speech and Fighting Words
  • The Right to Silence
  • Why Is Freedom of Religion So Complex?
  • School Prayer and the Establishment Clause
  • Religion—Strict Separation or Accommodation?
  • The Free Exercise Clause—Acting on Beliefs
  • Free Exercisee and “the Peyote Case”
  • Two Religion Clauses—One Definition?
  • Slavery and “Dred Scott” to Equal Protection
  • “Brown v. Board of Education”
  • Equality and Affirmative Action
  • Equality and Gender Discrimination
  • Gender Discrimination as Semi-Suspect
  • The Future of Equal Protection?
  • Citizens and Civil Liberties

Taught by

John E. Finn

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