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Civil Liberties and Civil Rights

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Title: Civil Liberties and Civil Rights


1
Civil Liberties and Civil Rights
  • Civil Liberties liberties outlined in the Bill
    of Rights and Constitution that guarantee the
    protection of persons, expressions,, and property
    from the arbitrary interference of government
    officials
  • Civil Rights positive acts of government
    designed to protect persons against arbitrary or
    discriminatory treatment by government or
    individuals.

2
Civil Liberties Civil Rights
  • Patriarchy
  • Elitism
  • Slavery
  • U.S. Constitution

3
14th Amendment
  • Defines citizenship
  • Restricts the powers of the states in their
    relations with their inhabitants
  • Requires reduction of a states representation
    in Congress for denials of voting, disqualifies
    former office-holders who participated in the
    rebellion (civil war)
  • Invalidates any war debts of rebellious states

4
14th Amendment
  • Most importantly
  • Forbids the states to deprive ANY person of life,
    liberty, or property without the due process of
    law, or deny to any person the equal protection
    of the law.
  • Crystallized the Bill of Rights to EVERYONE!!

5
Due Process Clause
  • Protection against arbitrary treatment is basic
    to the American system of government.
  • It functions both as a limitation on public
    officials and as a power in the hands of the
    judiciary, which has wide latitude in applying it.

6
Equal Protection Clause
  • It emanates from the democratic concepts of the
    equality of persons under the law and their right
    to equality of opportunity.
  • Arbitrary or irrelevant barriers to full
    enjoyment of rights are forbidden.

7
Equal Protection cont
  • Although the constitutional prohibition does not
    extend to private discrimination, both the
    national and many state governments have acted to
    forbid private discrimination against persons
    based on
  • Color and Creed
  • Sex, National Origin, Age
  • Handicap
  • Sexual Orientation

8
Constitutional Amendments
  • 1st 10th Bill of Rights
  • 13th, 14th, and 15th
  • 19th
  • 24th
  • 26th

9
Federal Legislation
  • The most comprehensive piece of legislation every
    designed to erase racial discrimination.
  • Segregation separate but equal
  • Desegregation (Brown cases)
  • 2007 Restrictive Covenents, Gated Communities,
    Zoning Rules, Gentrification, etc.

10
CRA, 1964
  • Major Provisions
  • Outlawed arbitrary discrimination in voter
    registration and expedited voting rights suits
  • 2000/02 election
  • Bar discrimination in public accommodations, such
    as hotels and restaurants which have
    substantial relation to interstate commerce
  • 2000, Dennys

11
CRA, 1964 cont
  • Authorizes the national government to bring suits
    to desegregate public facilities and schools
  • Extend the life and expand the power of the Civil
    Rights Commission
  • Provide for withholding federal funds from
    programs administered in a discriminatory manner
  • Establish the right to equality in employment
    opportunities

12
CRA, 1964 cont
  • Establish a Community Relations Service to help
    resolve civil rights problems
  • Forbids discrimination based on race, color,
    religion, national origin, and in cases of
    employment, sex.

13
Voting Rights Act, 1965
  • Enacted by Congress in 1965 and renewed and
    expanded in 1970, 1975, and 1982 (2007) that has
    sought to eliminate restrictions on voting that
    have been used to discriminate against blacks and
    other minority groups.

14
VRA, 1965 - cont
  • Suspended the use of literacy and other tests
    used to discriminate in the voter
    registration/voting process
  • Authorized registration by federal registrars in
    any state or county where such tests had been
    used and where less than 50 of eligible voters
    were registered
  • 7 southern states were mainly affected by these
    provisions (Alabama, Georgia, Mississippi, South
    Carolina, Louisiana, Florida, and Texas)

15
VRA, 1965 cont
  • Abolished poll taxes in state elections
  • 24th Amendment abolished poll taxes

16
VRA, 1970
  • Extended the Act for 5 years
  • Lowered the minimum voting age for ALL elections
    from 21 to 18
  • Prohibited the states from disqualifying voters
    in presidential elections because of their
    failure to meet state residence requirements
    beyond 30 days
  • Provided for uniform national rules for absentee
    registration and voting in presidential elections

17
VRA, 1975
  • Extended for 7 years
  • Federal voting protection was extended to all or
    parts of ten additional states
  • Bilingual ballots were required
  • Election law changes in states covered by the Act
    were required to be approved by either a U.S.
    Attorney or a federal court
  • Legal protection of voting rights were extended
    to Spanish-Americans, Alaskan Natives, American
    Indians, and Asian-Americans

18
VRA, 1982
  • Extends the law for 25 years (2007)
  • Authorizes a bail-out for covered states
    showing a clear record for 10 years
  • Provides that intent to discriminate need not be
    proven if the results demonstrate otherwise
  • Florida, 2000 Ohio 2004 Pennsylvania 2006

19
VRA, 2007
  • President George W. Bush signed the bill in a
    morning ceremony on the South Lawn of the White
    House on July 27, 2006.
  • This is one year in advance of the 2007
    expiration date. The audience included members of
    the family of slain civil rights leader Martin
    Luther King Jr., the Revs. Al Sharpton and Jesse
    Jackson, NAACP Chairman Julian Bond and other
    prominent African Americans.
  • Senate passed the bill 980 Senate passed the
    bill 980
  • The bill to renew the act was passed by the U.S.
    House of Representatives, 390-33,

20
Supreme Court
  • The Court interprets the U.S. Constitution
  • (Marbury v. Madison, 1803)
  • (McCulloch v. Maryland, 1819)

21
Let the Discussion Begin
  • TOPICS

22
1st Amendment
  • Speech
  • Press
  • Assembly/Association
  • Religion

23
Free Speechhttp//www.aclu.org/freespeech/index.
html
24
Freedom of Press
  • http//www.bannedbooks.info/report.htm

25
2nd 4th Amendment
  • Right to Bear Arms
  • http//www.nra.com/
  • Unreasonable Search and Seizures
  • Probable Cause
  • Law Enforcement
  • http//aclu.org/police/index.html

26
A Massachusetts state court today rejected the
Commonwealth's attempt to create a new "homeland
security" exception to the Fourth Amendment
guarantee against unreasonable searches and
seizures."Today's ruling affirms that
fundamental Fourth Amendment protections can and
should be preserved by the judiciary," said Bill
Newman, Director of the ACLU's Western
Massachusetts' office. "The events of September
11th do not change the genius of that
Constitutional protection." The
case, Commonwealth v. Carkhuff, was brought by
the American CivilLiberties Union of
Massachusetts on behalf of David Carkhuff, a
motorist who was stopped and later arrested by
police while driving on a road near a local
reservoir. In his opinion, Judge David Ross of
Westfield District Court held that the "homeland
security" exception argued for by the
Commonwealth would "substantially gut" the state
and federal constitutional guarantees against
unreasonable searches and seizures.While the
Commonwealth concedes that Carkhuff had done
nothing that would justify the police stop,
lawyers argued that in making the stop state
police were simply responding to "fax" alert
received from the Office of Homeland
Security. That fax spoke of "a credible threat"
and warned of an impending attack on the United
States. There was however, no mention of a
specific target or type of target or facility. In
fact Massachusetts was not even mentioned.State
police responded by heightening security for the
Cobble Mountain reservoir in Westfield -- a city
99 miles west of Boston. The police were
particularly concerned about large trucks or vans
that could be carrying explosives and decided to
apprehend any pedestrian or vehicle on the road
near the reservoir. Carkhuff, who was driving a
small sedan, was stopped and interrogated by the
police as he drove on the road by the reservoir
during the early morning hours of October 15,
2001.After forcing the car to stop and
interrogating the driver, the police arrested him
for driving under the influence. Carkhuff denies
the charge.
27
5th, 6th, 7th Amendments
  • Double-Jeopardy
  • Speedy and Public Trial
  • Trial by Jury

28
8th 9th Amendment
  • No cruel and unusual punishment
  • Death Penalty
  • http//web.amnesty.org/pages/deathpenalty-index-en
    g
  • Other Rights Retained by the People
  • Right to Privacy
  • Reproductive Rightshttp//www.now.org/

29
13th, 14th, and 15th
  • Civil War Amendments
  • 14th equal protection due process
  • 15th, gave black men the right to vote
  • Blacks Inequality
  • http//www.naacp.org/home/
  • http//www.aclu.org/racialjustice/index.html
  • Affirmative Action
  • Reverse Discrimination

30
19th, 24th, and 26th Amendments
  • Gave women the right to vote
  • Abolished poll taxes
  • 18 year olds the right to vote

31
Women
  • Bardwell v. Illinois (1890s)
  • delicacy factor
  • timid by nature
  • http//www.aclu.org/womensrights/index.html
  • Patriarchy
  • Unequal Pay
  • Glass Ceiling
  • Sexual Harassment

32
Sexual Orientation
  • Bowers v. Hardwick (1986), Supreme Court ruled
    that there is no constitutionally protected
    right to engage in homosexual conduct.
  • http//www.aclu.org/lgbt/index.html
  • In 1992, Colorado voters passed a state
    constitutional amendment prohibiting passage of
    state or local gay rights laws
  • The Supreme Court struck that down on 1996 as a
    violation of the equal protection clause of the
    14th Amendment (Romer v. Evans)

33
Sexual Orientation cont
  • In 1996, Congress enacted the Defense of
    Marriage Act, which for the first time defined
    marriage in federal law as the legal union
    between one man and one woman.
  • Congress authorized states to deny recognition to
    same-sex marriages approved elsewhere, and denied
    eligibility for federally authorized spousal
    benefits to same-sex couples.
  • http//www.stateline.org/live/ViewPage.action?site
    NodeId136languageId1contentId20695

34
Sexual Orientation cont
  • 2000, Vermont allowed same-sex marriages
  • Companies have taken the leadership roles
  • Disney
  • Baptist boycott

35
The Disabled
  • Americans with Disabilities Act (1990)
  • The ADA is to provide protection against
    discrimination in employment, public services and
    accommodations, transportation, and
    telecommunications for disabled persons.
  • A disabled person is defined as one having a
    physical or mental impairment that substantially
    limits one or more major life activities and,
  • has a record of such impairment, or is regarded
    as having such an impairment

36
ADA cont
  • Employment discrimination rules apply to
    businesses with 15-25 employees, and requires
    reasonable accommodations.
  • AIDS patients are covered, but it excludes
    homosexuality, bisexuality, current users of
    illegal drugs, and various sexual disorders such
    as pedophilia.
  • Alcohol, Obesity, Ugly??
  • http//www.aclu.org/disability/index.html

37
Conclusion
  • Closing Comments
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