The Bill of Rights Civil Rights Liberties The
The Bill of Rights Civil Rights & Liberties
The first 10 amendments were added to the Constitution to safeguard civil liberties and civil rights: However, it took several years for the Supreme Court to apply the Bill of Rights to the actions of state and local governments. Concern Bill Of Rights could limit civil liberties. • The first amendment protects the freedoms of religion, speech, the press, and assembly. • The 2 nd, 3 rd, and 4 th amendments are designed to protect the rights of citizens from government abuses of power. • The 5 th, 6 th, 7 th, and 8 th amendments define and protect rights under the judicial system. • The 9 th amendment protects other unnamed rights not specified in the Bill of Rights. • The 10 th Amendment reserves powers not granted to the federal government to the states or the people.
The Fourth Amendment and the Protection Against Unreasonable Searches and Seizures • The Fourth Amendment bars police from conducting any unreasonable searches and seizures. • It requires they show probable cause that a crime has been committed before they can obtain a search warrant. • The exclusionary rule requires that evidence obtained illegally cannot be used in a trial. • “Reasonable” and “unreasonable” searches • Is there a reasonable expectation of privacy? • Must have a warrant to search cellphones Copyright © 2015 Mc. Graw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of Mc. Graw-Hill Education.
The Fifth and Sixth Amendments: The Right to a Fair Trial and the Right to Counsel • The Fifth Amendment bars double jeopardy and compelled self-incrimination. Due Process • The Sixth Amendment establishes the rights to a speedy and public trial, to a trial by a jury of one’s peers, to information about the charges against oneself, to the confrontation of witnesses testifying against oneself, and to legal counsel. • Miranda v. Arizona - Miranda Rule (1966) • Gideon v. Wainwright (1963) Copyright © 2015 Mc. Graw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of Mc. Graw-Hill Education.
The Eighth Amendment: Protection Against Cruel and Unusual Punishment • Americans have always disagreed about the death penalty. • Central to the public debate have been the questions of which crimes should be punished by death and how capital punishment should be carried out. Copyright © 2015 Mc. Graw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of Mc. Graw-Hill Education.
The Fourth, Fifth, Sixth, and Eighth Amendments: Ensuring Criminal Due Process • These four amendments together are known as the criminal due process rights because they establish the guidelines that the government must follow in investigating, bringing to trial, and punishing individuals who violate criminal law. Copyright © 2015 Mc. Graw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of Mc. Graw-Hill Education.
Federal Cases involving free Speech: Tinker v Des Moines ISD 1969 Symbolic speech- burning the U. S protected by the 1 st amendment. Selective Incorporation: The process by which the Supreme Court applies the Bill of Rights to the states through the Due Process Clause of the 14 th Amendment.
The Meaning of Equality Under the Law • Civil rights in the United States refer to the rights and privileges guaranteed by the government to all citizens under the equal protection and due process clauses of the Fifth and Fourteenth amendments and the privileges and immunities clause of the Fourteenth Amendment. • Inherent characteristics are individual characteristics that are part of a person’s nature, such as race, religion, national origin, and gender. Copyright © 2015 Mc. Graw. Hill Education. All rights reserved. No reproduction or distribution without the prior © 2015, The Mc. Graw-Hill Companies, Inc. All Rights Reserved. 8
Civil Liberties in the American Legal System • Civil liberties are constitutionally established guarantees that protect citizens, opinions, and property against arbitrary government interference. • Establishment Clause • In contrast, civil rights reflect positive acts of government (in the form of constitutional provisions or statutes) for the purpose of protecting individuals against arbitrary or discriminatory actions. Copyright © 2015 Mc. Graw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of Mc. Graw-Hill Education.
The Civil Rights Act of 1964 • It outlaws arbitrary discrimination in voter registration practices within the states. • It bans discrimination in public accommodations, including hotels, restaurants, and theaters. • It prohibits state and local governments from banning access to public facilities on the basis of race, religion, or ethnicity. • It empowers the U. S. Attorney General to sue to desegregate public schools. • It bars government agencies from discrimination, and imposes the threat of the loss of federal funding if an agency violates the ban. • It establishes a standard of equality in employment opportunity. Copyright © 2015 Mc. Graw. Hill Education. All rights reserved. No reproduction or distribution without the prior © 2015, The Mc. Graw-Hill Companies, Inc. All Rights Reserved.
Backlash: Jim Crow Laws • State and local governments in the South also found ways to prevent African Americans from exercising their right to vote: – Literary test – Poll tax ( 24 th amendment eliminated poll taxes) – Grandfather clause Copyright © 2015 Mc. Graw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of Mc. Graw-Hill Education.
Federalist Papers #84 Hamilton feared listing rights would warrant the government to regulate those rights. Enumerated powers Art. 1 limits national government powers. Right to Privacy- Roe v Wade (1973) Habeas Corpus- Citizens jailed because they protested the Civil War. Public order or civil liberties?
The Movement Gains National Visibility • Rosa Parks & Montgomery Bus Boycott (1955) – The boycott was led by Martin Luther King Jr. Letter from Birmingham Jail – Martin Luther King Jr. all people should be equal – under the law. Non violent protest is the method for solutions. Challenged segregation. – 14 th amendment – equal protection under the law – and due process. Copyright © 2015 Mc. Graw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of Mc. Graw-Hill Education.
Slavery in the United States • The Civil War Era – The Thirteenth Amendment (1865) – The Fourteenth Amendment (1868) – The Fifteenth Amendment (1870) Copyright © 2015 Mc. Graw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of Mc. Graw-Hill Education.
First Wave of the Women’s Rights Movement • The Nineteenth Amendment (1920) to the Constitution – The Nineteenth Amendment prohibited the national and state governments from abridging or denying citizens the right to vote on account of sex. • The right to vote was extended to another group of citizens in 1971 when the states ratified the Twentysixth Amendment. This amendment guarantees citizens 18 years of age and older the right to vote. Copyright © 2015 Mc. Graw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of Mc. Graw-Hill Education.
Second Wave of the Women’s Rights Movement • Federal Legislation and Women’s Rights – Title IX of 1972 – No discrimination based on gender for educational programs. Copyright © 2015 Mc. Graw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of Mc. Graw-Hill Education.
The End of Separate But Equal • In 1954 the Supreme Court ruled in Brown v. Board of Education of Topeka that segregated schools violate the equal protection clause of the Fourteenth Amendment. Copyright © 2015 Mc. Graw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of Mc. Graw-Hill Education.
The Government’s Response to the Civil Rights Movement • As a result of the civil rights movement, Congress passed the 1965 Voting Rights Act, as well as the 1964 Civil Rights Act, and the 1968 Civil Rights Act(Fair Housing). • Affirmative action- employment and education for minorities. • Critics – can lead to discrimination. Tension between competing values of individualism and equality of opportunity. Copyright © 2015 Mc. Graw. Hill Education. All rights reserved. No reproduction or distribution without the prior © 2015, The Mc. Graw-Hill Companies, Inc. All Rights Reserved. 18
Voting Rights Act of 1965 • Banned voter registration practices, such as literacy tests • Mandated federal intervention in any county where less than 50 percent of eligible voters are registered Copyright © 2015 Mc. Graw-Hill Education. All rights reserved. No reproduction or distribution without the prior written
Impact of the Civil Rights Movement • Momentous impact on society by working for the laws and rulings that bar discrimination in employment, public accommodations, education, and housing • Profound impact on voting rights by establishing the principle that the laws governing voter registration and participation should ensure that individuals are permitted to vote regardless of their race Copyright © 2015 Mc. Graw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of Mc. Graw-Hill Education.
END OF NOTES
United States v. Schenk during WW 1 Civil Liberties: Freedom of Speech Freedom of Religion Freedom of the Press Freedom of Assembly Freedom from unreasonable search and Seizure. Civil Rights: Right to due process Right to Trial by Jury Right to legal counsel Right to vote Right to petition the government for a redress of grievances.
Governmental Acceptance of Discrimination Plessy v. Ferguson (1896) – The separate but equal doctrine declaring that separate but equal facilities do not violate the Fourteenth Amendment’s equal protection clause Copyright © 2015 Mc. Graw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of Mc. Graw-Hill Education.
Reconstruction and the First Civil Rights Acts • Reconstruction era between 1866 and 1877 • The Black Codes limited the rights of “freemen, ” or former slaves. Supported by Southern Democrats • To remedy that situation, Congress passed laws that sought to negate the Black Codes. Copyright © 2015 Mc. Graw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of Mc. Graw-Hill Education.
Opposition to Affirmative Action • Bakke v. University of California (1978) • University of Michigan cases of 2003 – School’s goal of creating a diverse student body serves a compelling public interest. • 2007 Supreme Court decision: school districts cannot assign students to schools to enhance diversity Copyright © 2015 Mc. Graw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of Mc. Graw-Hill Education.
Chapter 4: Civil Liberties American Democracy Now, 4/e
2 Form of speech not protected under the Constitution: Slander: Orally spreading false information about someone with intent to cause harm. Libel: Publishing false information about someone with intent to cause harm. The Supreme Court later ruled that Symbolic speech would be protected, and would later pass the Communications Decency Act. When the Supreme Court made it clear that they would protect all speech they would have to allow some offensive speech – which is the cornerstone of a free society.
- Slides: 27