Civil Liberties Chapter 19

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Civil Liberties Chapter 19

• Unalienable Rights
• The Bill of Rights 1791 Why?
• Constitution did not contain a listing of peoples
  basic rights

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Civil Rights /Civil Liberties

• Civil Rights idea of do as one pleases,
  providing
• It does not interfere with the rights of others
• Positive acts of government to make constitution
  a reality
• Civil Liberties-protections against govt
• Personal guarantees (safety, opinions, freedom of
  religion,speech, press, fair trial

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Flag burning yes or no?
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Rights Conflict/GuaranteedRestrictions

• When Rights Conflict
• Different rights sometimes conflict with one
  another
• Ex. Sheppard v. Maxwell
• Free Press vs. fair and speedy trial (case
  study)

Sam and Marilyn Sheppard
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Rights Guaranteed

• When Rights Are Guaranteed
• Supreme Court holds that persons includes
  aliens
• Ex. Freedom to travel state to state privileges
  and immunities
• Restrictions
• Japanese Americans placed in internment camps
  WWII

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Japanese-Americans to relocation centers 1942
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Federalism and Individual Rights

• Complex pattern of individual rights how?
• Provisions of the Bill of Rights applies only to
  the National Government not he states

Individual rights
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14th Amendment

• Lessens complexity of Federalism on civil rights
  How?
• Creates the Due Process Clause 14th
• States cannot deny people of their rights
• Designed to make the Bill of Rights applicable to
  the states How?
• No state may deny rights that are basic and
  essential to liberty ( Case Study Gitlow vs.
  NY 1925)

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Rotunda of the National Archives
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Role of the 9th Amendment

• No complete list of rights possible
• Individual rights not found in the constitution
• 9th grants rights retained by the people
• Right of a woman to abortion without undo
  interference by government
• Persons charged with a crime may not be tried
  based on evidence gained by an unlawful search
  and seizure

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Norma McCorvey- or
Jane Roe
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Freedom of Religion

• Separation of Church and State
• Establishment Clause Wall of Separation between
  church and state Thomas Jefferson
• What did Jefferson mean?

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Government Encourages .

• Church and Religion
• Church contributions Tax exempt
• Clergy in
• the armed services
• Oath of office
• Prayer before
• a session of Congress
• National Anthem coins and currency

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Establishment Clause Case Studies

• Pierce vs. Society of Sisters - 1925
• 1. Compulsory school attendance
  unconstitutional Why?
• 2. Unreasonable interference with rights of
  parents to raise their children
• 3. Conflict with 14th (are laws fair substantive
  due process)

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Compulsory school attendance?
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• Everson vs. Board of Education -1947
• 1. Issue should township reimburse for public
  transportation for Parochial school children
• 2. Question- does 14th incorporate all of the
  1st in relation to the states
• 3. Ruling-
• safety measure not a religious issue

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Ewing Township School District
1946 school bus
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Release Time and Prayer and the Bible

• Zorach vs. Clauson 1952
• Programs to
• release public school
• students for time to
• attend religious classes
• 2.Court
• upholds providing
• classes held in private places

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Prayers and the Bible

• Engle vs. Vitale - 1962
• Outlaws
• non-denominational prayer in public schools
• Wallace vs. Jaffree 1985
• Moment of silence is unconstitutional because
• Government should be neutral not endorse religion

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Justice John Paul Stevens wrote the opinion in
Jaffree case