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CALIFORNIA CIVIL LIBERTIES AND CIVIL RIGHTS

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Article I states the rights of all Californians. Many freedoms identical to the federal constitution ... right to imprison. U.S. citizens (120,000) MEXICAN IMMIGRATION ... – PowerPoint PPT presentation

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Title: CALIFORNIA CIVIL LIBERTIES AND CIVIL RIGHTS


1
CALIFORNIA CIVIL LIBERTIES AND CIVIL RIGHTS
2
CIVIL LIBERTIES/CIVIL RIGHTS
  • What are they?
  • Where are they found?
  • Justice for all?
  • Where are we?
  • Where do we need to be?
  • How do we get there?
  • Whose responsibility?

3
CALIFORNIAS BILL OF RIGHTS
  • Article I states the rights of all Californians
  • Many freedoms identical to the federal
    constitution
  • Additional rights such as enjoying and defending
    life and liberty, acquiring, possessing, and
    protecting property, and pursuing and obtaining
    safety, happiness, and privacy. (not found in
    the U.S. Constitution)

4
CIVIL LIBERITES AND CIVIL RIGHTS
  • Civil Liberties
  • Also called negative rights, limitations on
    the federal and state government.
  • Individual freedoms and protections
    articulated in the Bill of Rights and the
    Declaration of Rights.
  • Civil Rights
  • Also called positive rights, protections
    provided by the government.
  • Amendments, legislation, judicial
    review/decisions and executive orders

5
STATES RIGHTS
  • Tenth Amendment
  • Reserve Powers of the states.
  • If not given to the federal government and
    not denied the states then the powers belong to
    the states (the people)

6
RESERVED POWERS
  • Establish local government
  • Conduct elections
  • Determine voter qualifications
  • Regulate interstate commerce
  • Provide for public health, safety and morals
  • Maintain a militia (National Guard)
  • Expand liberties and rights

7
CIVIL LIBERTIES AND THE STATES
  • Bill of Rights not applicable to states.
  • Re-enforced with Supreme Court decision Barron v
    Baltimore (1833)
  • 13th, 14th, 15th amendments extended rights and
    protections
  • 19th and 26th additional voting rights
  • Gradual shifting in the mid-late 1900s

8
HOW THEY STACK UP..WASHINGTON CALIFORNIA
  • BILL OF RIGHTS
  • First Freedoms of religion, speech, press,
    assembly, petition
  • Second bearing arms
  • Third housing soldiers
  • Fourth seizures, searches and warrants
  • Fifth criminal proceedings, property
  • Sixth speedy trial, peer jury, confront
    witnesses
  • Seventh civil cases over twenty dollars
  • Eighth bails, fines and punishments
  • Ninth rights of the people
  • Tenth states rights

9
CALIFORNIAS DECLARATION OF RIGHTS
  • ARTICLE I, SECTIONS 1-31
  • Sec. 1 free people, property, safety, happiness
    and privacy
  • Freedoms of expression for individuals, media.
    Assembly, petition, religion, military housing,
  • Etc.

10
CALIFORNIA CONSTITUTION
  • Explicitly extends civil liberties of privacy,
    speech, publication and religion.
  • Indirectly referred to or implied in the federal
    constitution.
  • Cannot extend rights to individuals or groups if
    it violates the federal rights of other
    individuals or groups.

11
DISCRIMINATION
  • Prejudicial limiting opportunities and rewards
    for a group based on race, gender, religion, age
    etc.
  • Preferential enhancing opportunities and
    rewards based on specific characteristics.

12
DISCRIMINATION
  • De jure discrimination based in law.
  • De facto discrimination based on tradition and/or
    practice

13
MEANS OF CORRECTTING LIMITED OPPORTUNITIES
  • Affirmative Action JFK Executive Order 10925
    (1961) requiring fairness in hiring and
    employment practices on federally funded
    projects.
  • Regents of University of California vs. Bakke
    (1978) limiting the use of race as a determinant
    in admissions.
  • Proposition 209 (1996) outlawing the concept of
    affirmative action in public employment,
    schools, or contracting.

14
DISCRIMINATION PROTECTIONS
  • Unruh Civil Rights Act of 1959, prohibits
    discrimination by businesses that offer services
    to the public.

15
ADDITIONAL PROTECTIONS
  • 1991 Criminal sanctions for violation of civil
    rights laws (enforcement)
  • Ralph Civil Rights Act-remedies (recourse) for
    those who are victims of violence directed
    against any particular class of persons.
  • Bane Civil Rights Act-protects people from
    continued violence or the threat of violence
    based on grounds such as race, color, religion,
    ancestry, national origin, political affiliation,
    sex, sexual orientation, age, disability or
    position in a labor dispute.
  • 1998-vandalism based on the above classifications
    may be prosecuted as a misdemeanor or felony

16
PUBLICS RIGHT TO KNOW
  • Publics right to access public records
  • Public Records Act
  • Freedom of Information Act

17
SEPARATION OF CHURCH AND STATE?
  • Pledge
  • Currency
  • Prayer
  • Ten Commandments
  • Faith Based groups

18
FREEDOM OF SPEECH AND PRESS
  • Rights
  • Speech
  • Written word
  • Publication
  • Protections
  • Political debate and discourse
  • Commercial speech
  • Slander/libel, obscenity, endangerment and
    incitement

19
KEEPING THE BALANCE
  • Anti-smoking
  • Motorcycle helmets
  • Teen and older adult drivers
  • Cyberspace privacy protections
  • Sex offenders
  • Three Strikes
  • Environment vs. Business
  • School prayer
  • Gang restrictions
  • Side shows

20
HERES A PROPOSAL FOR YA
  • Propositions 5 and 205-Native American gambling
  • Prop. 6-gay and lesbian teachers
  • Prop. 8-victims rights
  • Prop. 21-juvenile crime
  • Prop. 22-marriage defined
  • (Defense of Marriage Act)
  • Prop. 115-Defendants rights
  • Prop. 187-Illegal immigrants
  • Prop. 209-Affirmative Action
  • Prop. 212-Campaign Finance
  • Prop 215-Medicinal marijuana

21
OTHERS?
  • Physician Assisted Suicide-legislative issue for
    December 2004 (Oregon, 1997) Medical practice is
    regulated by the states. 1992 initiative and
    1999 bill both failed.

22
SPIES, TERRORISTS, EROSION?
  • Foreign Intelligence Surveillance Act (FISA) 1978
  • Patriot Act 2001
  • Patriot Act II (passed by both houses in 2005)

23
WHERE WE ARE.
  • Records also access to tangible things, such
    as library reading records, business and medical
    records.
  • Internet Gives the FBI authority to track Web
    surfing habits. Wiretaps Allows "roving
    wiretaps'' that track a particular individual
    across phone numbers.
  • Warrants Makes it easier for investigators to
    ask for search warrants.
  • Secret searches Authorizes "sneak and peek''
    (delayed notification) searches without requiring
    notification until after the search is carried
    out.
  • Personal information Allows the FBI to obtain
    people's financial, telephone and credit reports
    without a judge's prior OK.

24
SAME SEX UNIONS, MARRIAGE,
PARTNERSHIPS
  • 2000 California voters banned same sex marriage
  • Several cases working their way through the
    judicial system
  • 2005 Legislature passed AB849 to legalize gay
    marriage (vetoed by Governor Schwarzenegger)
  • California first state legislature to pass a
    same sex marriage law (2005) vetoed by Governor
    Schwarzenegger
  • Massachusetts gay marriages (as determined by
    state Supreme Court)
  • Vermont recognizes civil unions as a result of
    lawsuits
  • Connecticut first state to legalize civil
    unions (by state Legislature) April 2005
  • Canada (2005) legalized gay marriage

25
PROTEST, THE RIGHT TO PETITION
26
THE RIGHT TO PETITION
  • Forms of protest
  • Written
  • Oral
  • Marches
  • Sit ins (South and Berkeley)
  • Boycotts (bus, grape, lettuce)
  • Voter registration drives
  • Fasts (Ghandi, Cesar Chavez)
  • The courts (NAACP, womens groups, disability
    groups)
  • Picketing
  • Violence

27
HATE GROUPS IN CALIFORNIA
28
WHO ARE THEY?
  • New Black Panther Party
  • Some Black Muslims sects
  • Ku Klux Klan
  • Skinhead groups
  • Anti abortionists
  • Anti Arab
  • Anti Jewish
  • Anti Gay
  • Anti Immigrant

29
THE FACES OF HATE
  • Active groups promoting separatism supremacy,
    racism, hate etc. through literature, films,
    speech, the internet, and terror

30
GROUP MOVEMENTS
  • African Americans
  • Latinos
  • Asian Americans
  • Women
  • Gays and Lesbians
  • Older Adults and Young Adults
  • People with disabilities
  • Homeless and the health care deprived

31
EVENING THE PLAYING FIELD
  • Affirmative Action
  • Set Asides
  • Quotas
  • Reparations

32
CIVIL RIGHTS
  • What kind of world do you envision?
  • Are we where we want to be?
  • What do we need to do to get there (collectively
    and as individuals)?

33
DIVERSITY
  • What is it?
  • What is its value?
  • Who gains, who loses?

34
IMMIGRATION
  • Where are we and where are we going?
  • Advantages, disadvantages
  • Budgets and the economy health care, education,
    jobs
  • Hot issues driver licenses, private border
    patrols

35
THE ELECTORATE, WHAT DO WE LOOK LIKE
  • Population/Voters
  • White 60 71
  • Hisp./Lat. 32 14
  • Black 7 8
  • Asian/other 1 7

36
PAST TWENTY YEARS(1980-2000)
  • Whites 83-70
  • Latinos 7-14
  • Blacks 8-8
  • Asian/other 3-7

37
NATIONAL TENDENCIES FOR VOTING MINORITIES
  • Latinos vote Democratic at a ratio of 21
  • Blacks vote Democratic at a ratio of 81
  • Asians vote evenly between the parties

38
WHOS VOTING?
  • Overwhelmingly
  • White
  • Middle aged
  • Home owners
  • Affluent
  • Highly educated

39
TREND
  • Registered voters in Californias two major
    parties
  • 1974 2000 2004
  • Rep. 35 35 36
  • Dem. 57 45 43
  • Fastest growing group-independents

40
THE PLIGHT OF NATIVE AMERICANS..
  • Indians made up the overwhelming majority or
    inhabitants
  • Population over 300,000 in the late 1700s
  • Down to 50,000 by the 1860s
  • Early 1900s roughly 16,000

41
THE QUESTION OF SLAVERY
  • Compromise of 1850
  • California admitted as a
  • free state
  • New Mexico and Utah
  • territories would remain
  • undetermined
  • No slave trade in
  • Washington D.C.
  • Fugitive Slave Law
  • enacted
  • Missouri Compromise (1820), Kansas/Nebraska
    Act (1854)

42
CHINESE IMMIGRATION
  • Railroad recruitment
  • 1882 Chinese Exclusion Act passed to prevent
    laborers from immigrating
  • 1910-1940 Several hundred thousand Asian (mostly
    Chinese) immigrants processed through Angel
    Island
  • 170,000 detained for up to two years in
    processing during this period (1910-40)

43
THE BAD AND THE UGLY
  • Korematsu v. U.S.,
  • 1944, Governments
  • right to imprison
  • U.S. citizens
  • (120,000)

44
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45
MEXICAN IMMIGRATION
  • 460 deaths attempting to enter the country this
    past year (heat, drowning, suffocation)
  • 1.2 million arrests
  • Past two years more unauthorized than legal
    immigrants have entered the country
    (562,000/455,000)

46
SAME SEX RIGHTS IN THE GOLDEN STATE
  • Domestic partners
  • Same sex marriage
  • Prop 22 (2000)
  • Governors veto (Sept. 2005)

47
CIVIL LIBERTIES/CIVIL RIGHTS
  • What are they?
  • Where are they found?
  • Justice for all?
  • Where are we?
  • Where do we need to be?
  • How do we get there?
  • Whose responsibility?
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