Title: Civil Liberties and Civil Rights
1Civil Liberties and Civil Rights
2Difference 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
3Original 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
4Bill 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
5Fourteenth 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
6Civil 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
7Civil 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
8Civil 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)
9Civil 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
10Civil 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
11Civil LibertiesFirst Amendment - Petition
- petition the Government for a redress of
grievances. - House of Representatives gag rule
- Edwards v. South Carolina (1963)
- incorporated to states
12Civil 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
13Civil 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.
14Civil 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
15Civil 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
16Civil 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
17Civil 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)
18Civil 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
19Civil LibertiesSeventh Amendment Civil Trial
- Right to trial in civil cases
- If in excess of 20
20Civil 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
21Civil 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
22Civil Rights
- Suspect classification OR suspect class
- A group determined to be subject or have been
subjected to discrimination - Race, ethnicity
23Civil RightsThirteenth Amendment - Slavery
- Slavery abolished in 1865
- First of the Civil War Amendments
24Civil 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
25Civil RightsFifteenth Amendment Voting Rights
(Race, Color, Servitude)
- Third of Civil War Amendments (1870)
26Civil RightsNineteenth Amendment Voting
(Gender)
- Guaranteed suffrage for women in 1920
27Civil RightsTwenty-Fourth Amendment Poll Taxes
- Expands guarantee of right to vote by prohibiting
poll taxes
28Civil 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
29Civil 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
30Civil 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
31Civil RightsCivil Rights Movement (Hispanics)
- Hernandez v. Texas (1954)
- Mexican-American citizens (and other racial
groups) entitled to equal protection per 14th
Amendment
32Civil 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)
33Civil 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
34Civil 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
35Civil 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
36Civil 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
37Civil RightsElderly
- Age Discrimination in Employment Act (1967)
- Prevent non-hiring of elderly
- Ended compulsory retirement
38Affirmative 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