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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
  • 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 Liberties First 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 Liberties First 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 Liberties First 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 Liberties First 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 Liberties First 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 Liberties First 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 Liberties Second 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 Liberties Third 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 Liberties Fourth 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 Liberties Fifth 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 Liberties Fifth 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 Liberties Fifth 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 Liberties Sixth 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 Liberties Seventh Amendment Civil Trial
  • Right to trial in civil cases
  • If in excess of 20

20
Civil Liberties Eighth 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 Liberties Ninth 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 Rights Thirteenth Amendment - Slavery
  • Slavery abolished in 1865
  • First of the Civil War Amendments

24
Civil Rights Fourteenth 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 Rights Fifteenth Amendment Voting Rights
(Race, Color, Servitude)
  • Third of Civil War Amendments (1870)

26
Civil Rights Nineteenth Amendment Voting
(Gender)
  • Guaranteed suffrage for women in 1920

27
Civil Rights Twenty-Fourth Amendment Poll Taxes
  • Expands guarantee of right to vote by prohibiting
    poll taxes

28
Civil Rights Twenty-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 Rights Civil 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 Rights Civil 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 Rights Civil Rights Movement (Hispanics)
  • Hernandez v. Texas (1954)
  • Mexican-American citizens (and other racial
    groups) entitled to equal protection per 14th
    Amendment

32
Civil Rights Natives
  • 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 Rights Immigrants
  • 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 Rights Asians
  • 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 Rights LGBT
  • 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 Rights Disabled
  • 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 Rights Elderly
  • 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
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