Civil Liberties and Civil Rights

1
Civil Liberties and Civil Rights

• Unit V

2
Difference between a Civil Liberty and a Civil
Right

• Civil liberties guaranteed freedoms
• Freedom of speech, press, assembly, religion,
  petition
• Civil rights guaranteed protections
• Freedom from discrimination, prejudice,
  inequality, injustice

3
Original Constitutional Guarantees

• Writ of Habeas Corpus (Article I, Section 9)
• Informed of charges
• No Bills of Attainder (Article I, Section 9)
• Due process
• No Ex Post Facto (Article I, Section 9)
• After the fact
• Trial By Jury (Article III, Section 2)
• Treason (Article III, Section 3)
• Levying war or aiding the enemy two witnesses to
  crime
• Privileges and Immunities (Article IV, Section 2)
• Guaranteed in all states
• No Religious Test (Article VI)
• No declaration of religion or religious oath to
  hold public office

4
Bill of Rights

• First Amendment
• Establishment and free exercise of religion,
  speech, press, assembly, petition
• Second Amendment
• Bear arms
• Third Amendment
• Quartering soldiers
• Fourth Amendment
• Search and seizures
• Fifth Amendment
• Eminent domain, self-incrimination, double
  jeopardy

• Sixth Amendment
• Right to attorney
• Seventh Amendment
• Trial by jury in civil cases
• Eighth Amendment
• Cruel and unusual punishment
• Ninth Amendment
• Un-enumerated rights
• Tenth Amendment
• Reserve powers

5
Fourteenth Amendment

• Citizenship Clause
• Privileges and Immunities Clause
• Due Process Clause
• Equal Protection Clause
• INCORPORATION/Selective Incorporation
• Barron v. Baltimore (1833)
• Bill of Rights only applied to federal government
• Applying the Bill of Rights to the states through
  the Due Process Clause
• Almost all of the Bill of Rights have been
  incorporated

6
Civil LibertiesFirst Amendment Establishment
Clause

• Congress shall make no law respecting an
  establishment of religion
• Prohibits government from establishing any
  official religion or sponsoring any religion(s)
  over others
• Everson v. Board of Education (1947)
• Incorporated Establishment Clause to states
• Engel v. Vitale (1962)
• School-sanctioned public prayer unconstitutional
• LEMON V. KURTZMAN
• LEMON TEST a law must
• Primarily secular purpose
• Neither aid nor inhibit religion
• Not create excessive government/religion
  entanglements

7
Civil LibertiesFirst Amendment Free Exercise
Clause

• Congress shall make no lawprohibiting the free
  exercise thereof.
• Individuals may believe in any religion or in no
  religion
• Religious belief protected religious practices
  restricted
• Incorporated in a 1940 decision
• Reynolds v. United States (1879)
• Prohibits polygamy despite Mormon practice
• Wisconsin v. Yoder (1972)
• Amish may not be required to send children to
  school beyond 8th grade
• Church of the Lukumi Babalu Aye v. City of
  Hialeah (1993)
• Animal sacrifice for Santeria is protected

8
Civil LibertiesFirst Amendment - Speech

• Pure speech is verbal
• Symbolic speech is actions and symbols
• Alien and Sedition Acts (1798) Espionage Act
  (1917) Sedition Act (1918)
• Time, place, or manner/free speech zones
• Slander
• Schenck v. United States (1919)
• Clear and present danger
• Gitlow v. New York (1925)
• Incorporated free speech to the states
• Tinker v. Des Moines (1969)
• Black armbands during Vietnam Conflict protected
• Brandenburg v. Ohio (1969)
• Inflammatory speech protected as long as no
  imminent danger
• Miller v. California (1973)
• OBSCENITY TEST defined obscenity as
• Themes appeal to indecent sexual desires
• Clearly offensive sexual behavior prohibited by
  law
• Lacks serious literary, artistic, political, or
  scientific value
• Texas v. Johnson (1989)

9
Civil LibertiesFirst Amendment Press

• Newspapers, magazines, radio, television,
  internet
• Libel
• Near v. Minnesota
• PRIOR RESTRAINT
• Incorporated free press to the states
• New York Times v. Sullivan
• Criticism of public officials protected
• New York Times v. United States
• Pentagon Papers
• Hazelwood School District v. Kuhlmeier
• Student newspapers may be censored for school
  safety

10
Civil LibertiesFirst Amendment Assembly

• right of the people peacefully to assemble
• Dejonge v. Oregon (1937)
• Incorporated free assembly to states
• Freedom of association
• NAACP v. Alabama (1958)
• Requirement of membership lists unconstitutional
• Boy Scouts of America v. Dale (2000)
• Private organization may limit membership based
  on expressive guidelines and despite
  anti-discrimination laws

11
Civil LibertiesFirst Amendment - Petition

• petition the Government for a redress of
  grievances.
• House of Representatives gag rule
• Edwards v. South Carolina (1963)
• incorporated to states

12
Civil LibertiesSecond Amendment

• 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.
• District of Columbia v. Heller (2008)
• Firearm possession unrelated to militia protected
• Overturned handgun ban
• McDonald v. Chicago (2010)
• Incorporated to the states

13
Civil LibertiesThird Amendment

• No soldier shall, in time of peace be quartered
  in any house, without the consent of the owner,
  nor in time of war, but in a manner to be
  prescribed by law.

14
Civil LibertiesFourth Amendment

• The right of the people to be secure in their
  persons, houses, papers, and effects, against
  unreasonable searches and seizures, shall not be
  violated, and no Warrants shall issue, but upon
  probable cause, supported by Oath or affirmation,
  and particularly describing the place to be
  searched, and the persons or things to be
  seized.
• Unreasonable search and seizure
• Wolf v. Colorado (1949)
• Incorporated to states
• Mapp v. Ohio (1961)
• EXCLUSIONARY RULE
• Nix v. Williams
• Discovery rule
• United States v. Leon
• Good faith exception

15
Civil LibertiesFifth Amendment Rights of
Accused

• Grand Juries
• Presented evidence to either indict or not
• Closed deliberations no attorney present
• Not incorporated
• Double Jeopardy
• May not be tried twice for same offense
• Does not protect from other sovereign courts
  (state courts, federal courts, foreign courts)
• Incorporated Benton v. Maryland
• Self-Incrimination
• One may not be compelled to testify against
  oneself
• Miranda v. Arizona (1966)
• Right to remain silent, right to an attorney,
  provision of attorney

16
Civil LibertiesFifth Amendment Due Process

• nor be deprived of life, liberty, or property,
  without due process of law
• Substantive due process
• Determination of fairness and constitutionality
  of laws and policies
• Procedural due process
• Laws enforced according to proper and legal
  procedures

17
Civil LibertiesFifth Amendment Property Rights

• Eminent Domain
• Private property may be confiscated by the
  government solely for public use and through just
  compensation
• Incorporated through Chicago, Burlington Quincy
  Railroad Co. v. City of Chicago (1897)

18
Civil LibertiesSixth Amendment Trial and
Counsel

• Speedy and Public Trial
• Trial by Impartial Jury
• Notice of Accusations
• Confront Witnesses
• Attain Witness Testimony
• Right to Counsel
• GIDEON V. WAINWRIGHT (1963)
• Right to attorney if cannot afford one
• Incorporated to states
• Escobedo v. Illinois (1964)
• Right to attorney during police interrogations

19
Civil LibertiesSeventh Amendment Civil Trial

• Right to trial in civil cases
• If in excess of 20

20
Civil LibertiesEighth Amendment Cruel and
Unusual Punishment

• Protection against excessive bail and fines
• No cruel and unusual punishment
• Incorporated in 1962
• Furman v. Georgia (1972)
• Death penalty unconstitutional based on arbitrary
  sentencing
• Gregg v. Georgia (1976)
• Death penalty constitutional based on
  circumstances of case

21
Civil LibertiesNinth Amendment Un-enumerated
Rights

• Protection and guarantee of rights not
  specifically granted by the Constitution
• Right to Privacy
• The Ninth Amendment has been used, along with
  other amendments, as legal guarantee of privacy
• GRISWOLD V. CONNECTICUT (1965)
• Prohibition of contraceptives violated marital
  privacy
• ROE V. WADE (1973)
• Prohibition of abortion violated due process
• Guaranteed private choice of a woman

22
Civil Rights

• Suspect classification OR suspect class
• A group determined to be subject or have been
  subjected to discrimination
• Race, ethnicity

23
Civil RightsThirteenth Amendment - Slavery

• Slavery abolished in 1865
• First of the Civil War Amendments

24
Civil RightsFourteenth Amendment

• Second of the Civil War Amendments (1868)
• Intended to guarantee the citizenship of freed
  blacks and free blacks
• Due Process Clause used for incorporation
• Equal Protection Clause used to guarantee civil
  rights, prevent discrimination

25
Civil RightsFifteenth Amendment Voting Rights
(Race, Color, Servitude)

• Third of Civil War Amendments (1870)

26
Civil RightsNineteenth Amendment Voting
(Gender)

• Guaranteed suffrage for women in 1920

27
Civil RightsTwenty-Fourth Amendment Poll Taxes

• Expands guarantee of right to vote by prohibiting
  poll taxes

28
Civil RightsTwenty-Sixth Amendment Voting
Rights (Age)

• Guarantees the right to vote for citizens 18
  years and older
• Response to domestic turmoil resulting from
  Vietnam Conflict

29
Civil RightsCivil Rights Movement (Blacks)

• Civil War Amendments (13th, 14th, 15th)
• Black codes and Jim Crow laws
• PLESSY V. FERGUSON (1896)
• separate but equal
• Executive Order 8802 (1941)
• no discrimination in government offices and
  defense industry
• Executive Order 9981 (1948)
• Desegregation of the military
• BROWN V. BOARD OF EDUCATION (1954)
• Desegregation of schools overturns Plessy v.
  Ferguson
• Civil Rights Act of 1964
• Prohibited discrimination in employment and
  public accommodations
• 24th Amendment (1964)
• Voting Rights Act of 1965
• Prohibited literacy tests, grandfather clauses,
  white primaries

30
Civil RightsCivil Rights Movement (Women)

• 19th Amendment (1920)
• Equal Employment Opportunity Act (1972)
• Prohibits gender discrimination in hiring,
  firing, salary, promotion, conditions
• Equal Rights Amendment (1972)
• 35 states ratified, short of the 38 required

31
Civil RightsCivil Rights Movement (Hispanics)

• Hernandez v. Texas (1954)
• Mexican-American citizens (and other racial
  groups) entitled to equal protection per 14th
  Amendment

32
Civil RightsNatives

• Indian Removal Act (1830)
• Cherokee Nation v. Georgia (1831)
• Native nations not a foreign state therefore
  subject to federal jurisdiction
• Worcester v. Georgia (1832)
• Native lands are sovereign in respect to state
  laws
• Indian Citizenship Act (1924)
• Indian Self-Determination and Education Act (1975)

33
Civil RightsImmigrants

• Chinese Exclusion Act (1882)
• Emergency Quota Act (1921) and National Origins
  Act (1924)
• Quotas on southern and eastern European and
  non-European immigrants
• Excluded Central and South America
• Immigration and Nationality Act (1965)
• Ended immigration quotas

34
Civil RightsAsians

• Chinese Exclusion Act (1882)
• Restricted chinese immigration severely limited
  chance at U.S. citizenship
• Korematsu v. United States (1944)
• Japanese internment constitutional during time of
  war

35
Civil RightsLGBT

• Bowers v. Hardwick (1986)
• Georgia law prohibiting homosexual relations
  (sodomy laws) constitutional
• Romer v. Evans (1996)
• Colorado law banning protection of homosexuals
  ruled unconstitutional
• LAWRENCE V. TEXAS (2003)
• Overturned Bowers v. Hardwick
• Sodomy laws unconstitutional
• Defense of Marriage Act (DOMA) (1996)
• Federal government recognizes marriage as legal
  union between male and female
• Some states recognize same-sex marriage some
  outlaw it some recognize same-sex civil unions
• Dont Ask, Dont Tell
• Policy enacted in the military allowing
  discharges for homosexuality
• Military could not ask sexual orientation
• Repealed in 2010

36
Civil RightsDisabled

• Education for All Handicapped Children Act (1975)
• Americans with Disabilities Act (ADA) (1990)
• Mandates accommodations for public facilities
• Prohibits discrimination of the disabled in
  hiring, accommodations

37
Civil RightsElderly

• Age Discrimination in Employment Act (1967)
• Prevent non-hiring of elderly
• Ended compulsory retirement

38
Affirmative Action

• Policies designed to makeup for racial or
  gender-based discrimination of the past
• REGENTS OF THE UNIVERSITY OF CALIFORNIA V. BAKKE
  (1978)
• Reverse discrimination
• Quota systems are unconstitutional affirmative
  action programs constitutional
• Grutter v. Bollinger (2003)
• special consideration of race for admission is
  constitutional
• Gratz v. Bollinger (2003) upheld quota system as
  unconstitutional for Michigans points system