1. Does the American
Constitution guarantee
freedom?
A presentation by Group 3

2. We will consider…
What the US constitution is and why it was made
The freedoms within the first amendment
The Bill of Rights
The right to bare arms and how this relates to
freedom
The patriot act and Guantanamo Bay
Judicial Review

3. What is the American
Constitution?
The American constitution is arguably the single
most important document in US politics.
It is a guidance for effective, but not oppressive
governance in America.
The constitution is dynamic as it can be formally
amended or revised with consideration of
economic and political progression.
Is the constitution about freedom or security?

4. The Philosophy behind the
Constitution
The constitution was influenced by John Locke‟s ideas which
opposed the concept of „Divine Right of Kings‟ and stated that
each man has natural rights.
The constitution was designed to protect these basic natural
rights, such as life, property and most importantly freedom.
Another of Locke‟s ideas was that governments heavily rely on
the consent of the people.
So the constitution was aimed towards maintaining the
independence of the citizens, whilst allowing America to move
forward.

5. The Separation of the
Powers
The purpose of the separation of the powers was to
prevent despotism and tyranny.
It was vitally important that none of the institutions
had too much power because otherwise the people
would not have a say, and their freedom would be
threatened.
Rational, autonomous beings should be allowed to
make choices for themselves, others do not know
best.

6. The Bill of Rights

7. What is the Bill of Rights?
Bill of rights is a collective name for the first 10
amendments to the constitution.
They serve to limit federal governmental powers
and protect the natural individual rights of
Americans and their property.

8. Why was the Bill of Rights
needed?
Growing fear of creating a strong dictatorial
government resembling the pervious British rule.
This is what sprung the anti-federalist movement
into action.
Too little to late: Constitution was already being
ratified and no alterations could be made.
So they proposed a set of individual rights that
limited federal governmental powers and their
jurisdiction.

9. Strong anti federalists like
James Madison asserted
that the bill of rights was
both necessary and
proper.
He contended that the
major danger to personal
liberties came from
congress rather than the
executive.
„all powers necessary and
proper to carry into effect
the foregoing powers‟
Article 1, Section 8,
Paragraph 18: Implied
Powers Clause
James Madison, 4th president of
United Sates of America

10. What freedoms does the
Bill of Rights refer to?
The amendments were drawn because the
constitution did not clearly state what the federal
government were not to do. Therefore, the bill of
rights carries a theme of „freedom from‟
Republican freedom = Freedom from domination.
Individuals lose their freedoms even when they
are not subject to interference.

11. Does the Bill of Rights
guarantee freedom?
The bill of rights has stood the test of time and has
been able to adapt to changing America. There has
been great social and economic change since its
existence. In recent years, these 10 amendments
have been appealed to more so then ever before.
First Amendment – protects the freedom to believe
and practice any religion peacefully. This is
guaranteed in a series of Supreme court rulings.
Fourth Amendment - to restrict unreasonable search
and seizure of property by governmental authorities.

12. The Right to Bear Arms
A guarantee of freedom or simply a security
measure?

13. The Second Amendment
Amendment II of the American Constitution: 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.
There has been much debate about what should
be considered as a „well regulated militia‟ and
whether the „the right of people to keep and bear
arms‟ is only when involved in this militia.

14. The wording
The operative statement of the amendment is
„the right of people to keep and bear arms‟. So
the right to bear arms is protected in the
constitution but is this only to provide for a state
militia? The amendment does not mention the
need for arms for hunting, self-defence or
enjoyment. It is simply said that the right to bear
arms is needed for a militia.

15. In the modern world
Militia groups within the USA claim to be
protecting the constitution and are willing to fight
against an oppressive government. However
they are often considered a form of domestic
terrorism and are classed as such by the FBI.
Gang crime

16. Supreme Court
Found that:
„The Second Amendment protects an individual
right to possess a firearm unconnected with
service in a militia, and to use that arm for
traditionally lawful purposes, such as self-
defence within the home‟

17. A guarantee of freedom?
While at the time of writing the right to bear arms
was needed in case of future oppression or
invasion, the amendment is now archaic as
militia groups are no longer made up of the
ordinary citizens they used to be. The right to
bear arms is now used to excuse the mass
manufacture and sale of weapons. This is a
problem with written constitutions, as they are
harder to adapt to the modern world of automatic
weapons and gang crime.

18. The Patriot Act
and
Guantanamo Bay

19. The Patriot Act
 Is a highly controversial piece of legislation, passed by
the U.S Congress and signed by president George W.
Bush on 26 Oct, 2001.
 This act, was the legal response to the September 11
attacks, granting increased powers to law enforcement
and antiterrorism agencies.
 Most aspects of it are still in effect today.

20. Main aspects
 Lifted many legal restrictions from law enforcement agencies
concerning the collection of intelligence, domestically in the
United States.
 Allows law enforcement and immigration agencies to detain
and deport individuals suspected of terrorism-related activities.
 Broadened the ability of the Secretary of the Treasury to
regulate financial institutions, in an attempt to fight money
laundering, both in the US and internationally.

21. Concerns and Criticism
 While the US Congress passed this Act almost
unanimously following the 9/11 events, a large
percentage of the public disagreed with the increased
powers the government received, and on repeated
occasions described the Act as “unconstitutional”.
 Critics of the Patriot Act support the law has made it too
easy for law enforcement to spy on people. “The law
cuts too deeply into personal liberties and privacy
rights”.

22. What about immigrants?
 Under Section 412 of the Patriot Act it states : “An alien
detained....may be detained for additional periods of up
to six months”. The article ironically is named :
“Limitation on Indefinite Detention”.
So where do these suspected-terrorist prisoners go, for 6
months?
Special holding facilities?
US public prisons?

23. ?

24. Not exactly.
US Naval base, Guantanamo bay,
Cuba. “The Legal Black hole.”

25. General information
-Established in January 2002, still active.
-Considered outside U.S. legal jurisdiction.
-Detainees do not have the right to any
lawful representation or fair trial.
-Detention time is only determined by the authorities
managing the base, in accordance to the provisions of
the Patriot Act.
-Many former prisoners have complained of torture and
mistreatment occurring in the camp.

26. Unconstitutional?

27. Most definitely.
-It is not a matter of personal opinion.
Arresting someone without charges and
keeping them imprisoned indefinitely with no
chance of fair trial, is simply against the
constitution and what it was meant to
provide.
-The US Supreme Court, in 2008, ruled that the
proceedings in Guantanamo Bay are unconstitutional
and that the prisoners there have the right to Habeas
Corpus, i.e. the right to be brought before a judge
after being arrested (Which is guaranteed in the 4th, 5th
and 6th amendments).

29. Judicial Review
Does judicial review coincide or just interfere with
the constitution?

30. Amendment 1 of the
American constitution
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.

31. Cohen v California
Was this case a violation of his
right to freedom of speech?
Cohen was arrested after wearing a
t-shirt brandishing the words „Fuck
the Draft‟ as a policeman found it
offensive as families were present
it was a violation of section 415 of
the California Penal Code

32. Judicial review
a judicial re examination of the proceedings of a court
Alexander Hamilton- Judicial review helps the courts ensure that the
will of the whole American population is supreme over the will of
legislature.
Few other countries allow for the
same authority and none have
exercised it as strongly as
America

33. In conclusion…
The American constitution carefully balances freedom with
the need to live in a civil community, and if this means
having to allow for judicial review then so be it for the good
of the people.
But…
As shown in the bill of rights there can be contradictions
It is outdated and in some ways cannot be updated
And, some practices within America have not followed the
constitutional law, so how can the constitution be
guaranteed when it is not followed strictly.

34. Thank you for listening