Civil Rights and Civil Liberties

1
Civil Rights and Civil Liberties
2
What are civil rights and what are civil
liberties?

• Civil Rights The right of every person to equal
  protection under the law and equal access to
  societys opportunities and public facilities.
  
• Civil Liberties Individual rights that are
  protected from infringement by government.
  

3
Civil Rights and EqualityAll men are created
equal?

• Equality One of the founding principles of our
  democracy, yet still unrealized.
  
• What is equality?
• In theory, Americans have equal rights in
  practice, they are not equal and never have
  been.
  

4
The Struggle for Equality African Americans

• Slavery and the Civil War
• The 13, 14, and 15th Amendments
• 13 Abolished Slavery
• 14 Guaranteed equal protection and due
  process.
  
• 15 Gave African Americans the right to vote.
• Jim Crow Laws (Post 1877)

5
Would you have been able to vote?The Alabama
Literacy Test

• Which body of Congress can try impeachments of
  the President?
  
• At what time of day on January 20th does the term
  of the President end?
  
• If the president does not sign a bill, how many
  days is he allowed in which to return it to
  Congress for reconsideration?
  
• If a bill is passed by Congress and the President
  refuses to sign it and does not send it back to
  Congress in session within the specified period
  of time, is the bill defeated or does it become
  law?
• If the United States wishes to purchase land for
  an arsenal and have exclusive legislative
  authority over it, consent is required from whom?
  
• Which officer of the United States government is
  designated as President of the Senate?
  
• When is the president not allowed to exercise his
  power to pardon?
  
• Why is the power to grant patents given to
  Congress?
  
• What is a tribunal?
• If a person charged with treason denies his
  guilt, how many people must testify against him
  before he can be convicted?
  

6
Landmark Court Cases

• Plessy v. Ferguson (1896)
• Separate but equal
• Court endorsed Jim Crow Laws
• The use of race as a criterion of exclusion in
  public matters was not unreasonable.
  
• - Brown v. Board of Education (1954)

7
The Civil Rights Movement

• 1955 Bus Boycott in Montgomery, AL
• 1957 Little Rock, AK Desegregation

8
The Civil Rights Movement (continued)

• 1963 March in Birmingham, AL led by MLK, Jr.
• 1963 March on Washington, DC.
• I have a dream speech.

9
The Civil Rights Acts

• Three civil rights acts were passed shortly after
  the Brown decision did little to help the cause
  of blacks.
  
• Civil Rights Act of 1964
• Civil Rights Act of 1968
• Voting Rights Act of 1965

10
Women and the Struggle for Equality

• United States carried on policies from England
  when the nation was founded.
  
• 1848 First Womens Rights Convention in Seneca
  Falls, NY
  
• 19th Amendment in 1920 gave women the right to
  vote.
  
• ERA

11
Equality Today

• African Americans and Women
• Notable Gains v. Continued Struggles
• De facto Discrimination Discrimination that is
  the result of social, economic, or cultural
  biases or conditions.
  
• De jure Discrimination Discrimination based on
  the law.
  
• Equality of Result Policies aimed at reducing or
  eliminating de facto discrimination.
  
• Examples Affirmative action and busing

12
(No Transcript)
13
Affirmative Action

• Affirmative Action Deliberate effort to provide
  full and equal opportunities in employment,
  education, and other areas for women, minorities,
  and individuals belonging to other disadvantaged
  groups.
• Many court cases have addressed the issue of
  affirmative action, including the following
  examples
  
• Regents of CA v. Bakke (1978)
• US Steel v. Weber (1979)
• Wards Cove v. Atonio (1989)
• Adarand v. Pena (1995)

14

• What are some arguments in favor of and in
  opposition to affirmative action?

15
Civil Liberties

• Civil Liberties Individual rights that are
  protected from infringement by government.
  
• Foundation for Civil Liberties Bill of Rights
  and Interpretations of the Supreme Court
  

16
Our Civil Liberties

• The First Amendment
• a. Freedom of Religion
• b. Freedom of Speech
• c. Freedom of the Press
• 2. The Second Amendment
• The Right to Bear Arms
• 3. The Rights of the Accused
• 4. The Right to Privacy

17
Terrorism and Civil Liberties

• The debate After 9/11, how do we prevent another
  terrorist attack?
  
• Main Argument National Security should take
  precedence over civil liberties (when they
  conflict).
  
• Counter-Argument Civil liberties should ALWAYS
  take precedence.

18
THE DEBATE

• We want to be a stable, democratic system. We do
  not want to be vulnerable to terrorist attacks.
  
• What happens, however, when safety and stability
  are achieved or promoted through undemocratic
  means? Is compromising civil liberties
  undemocratic when it is necessary?

19
The Main Argument in Support of Compromising
Civil Liberties

• When they conflict, national security takes
  precedence over civil liberties.
  
• Examples (of why this is good)
• Foiled terrorist attacks.
• Most Americans are unaffected.
• Stability ensured.
• Democratic process as watchdog.

20
The Counter-Argument

• Civil liberties take precedence over National
  Security.
  
• Examples (of why this is bad)
• Racial profiling
• Japanese internment
• Discrimination against Muslims

21
The Patriot Act (2001)
22
What do you think?

• Does the government have the right to infringe on
  civil liberties? When? How far is too far?
  
• What about racial profiling? Is racial profiling
  an acceptable deviation from the equal protection
  clause?
  
• Is the government protecting US citizens from
  future terrorist attacks or invading their
  privacy?
  
• Is the Patriot Act a necessary part of life after
  September 11 or does it overstep the boundaries
  of privacy invasion?