Civil Liberties and Rights (Lecture 3)

Lesson 3  Civil Liberties and Rights How do we describe rights of American Citizens? American citizens are believed to have natural rights __________________________ that limit what the government can civil liberties do, known as ___________________________....

Lesson 3  Civil Liberties and Rights How do we describe rights of American Citizens? American citizens are believed to have natural rights __________________________ that limit what the government can civil liberties do, known as ___________________________. However, because America failed to acknowledge natural rights of all people, we have insisted the government take a more proactive role in ensuring equal treatment for all, known as civil rights _____________________________________ (see pgs. 102-103). Civil Liberties Bill of Rights The _____________________ 1. Freedom of religion, speech, press, assembly, and petition. protects our civil liberties. On 2. Right to keep and bear arms in order to maintain a well-regulated September 25, 1789, the First militia. Congress of the United States 3. No quartering of soldiers. 4. Freedom from unreasonable searches and seizures. proposed 12 amendments to the 5. Right to due process of law, freedom from self-incrimination, no Constitution. Ten of the proposed 12 double jeopardy, private property. amendments were ratified by three- 6. Rights of accused persons, e.g., right to a speedy and public fourths of the state legislatures on trial. December 15, 1791. The ratified 7. Right of trial by jury in civil cases. Articles constitute the first 10 8. Freedom from excessive bail, cruel and unusual punishments. amendments of the Constitution, or the 9. Other rights of the people. U.S. Bill of Rights. 10. Powers reserved to the states. Thoughts on a Bill of Rights - Federalists Federalist The __________________________________________ felt the Constitution limited the government’s ability to infringe on natural rights and thus did not believe a Bill of Rights ________________________________________________ was necessary (see pgs. 104-105). “Why declare that things shall not to be done which there is no power to do? Why, for instance, should it be said that the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed?” Alexander Hamilton (Founding Father, served as NY delegate to the Convention). “The Constitution did not give the national government any powers that could be construed as invading the citizenry’s rights.” James Madison (Founding Father, served as VA delegate to convention, drafted the Constitution, 4th US president). Thoughts on a Bill of Rights – Anti- Federalists Anti-federalist The_________________________________, on the other hand, did not trust the government under the new Constitution and preferred to have a Bill of Rights ________________________________________________ added to be sure the new federal government did not become too powerful (see pgs. 104-105). “A bill of rights may be summed up in a few words. What do they tell us? — That our rights are reserved. Why not say so? Is it because it will consume too much paper? Gentlemen’s reasoning against a bill of rights does not satisfy me.” Patrick Henry (Founding Father, political orator, Gov. of VA, authored several Anti- Federalist Papers). “ A Bill of Rights is what the people are entitled to against every government, and what no just government should refuse, or rest on inference” Thomas Jefferson (Founding Father, author of Declaration, did not attend Convention) The Bill Of Rights & Incorporation federal government The Bill of Rights originally only applied to the _____________________________________ (see pg. 108). 14th amendment The ratification of the _______________________________________ led to the Supreme Court gradually applying certain parts of the Bill of Rights to the States through a process called selective incorporation or incorporation ________________________________________________________________. state “No _____________________________ shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” - 14th amendment. First Amendment & Religion First Amendment & Religion (see pgs. 109-115). Establishment clause The ___________________________________________ “Congress shall make no law respecting the establishment of religion...” Guarantees that the government will not create and support an official state church or promote/support a particular religion Free Exercise clause The ____________________________________________“...or prohibiting the free exercise thereof...” Guarantees that citizens may freely engage in the religious activities of their choice Court Cases: Kennedy v. Bremerton School District _______________________________________________________, 2022 - The Free Exercise and Free Speech Clauses of the First Amendment protect an individual engaging in a personal religious observance from government reprisal; the Constitution neither mandates nor permits the government to suppress such religious expression. First Amendment & Speech/ Press/Assembly Protection of Speech The freedom of speech is primarily for the protection of citizens to criticize the government ______________________________________________ (see pgs. 115-119). Speech that the courts have at times limited... Sedition ____________________________ - speech that incites violence against Government ________________________________________ Fighting Words – speech intended to incite violence __________________________________________ Libel – written defamation of character __________________________________________ Slander – spoken defamation of character Court Cases: In Texas v. Johnson, 1989 – The Court found that Johnson's actions fell into the category of expressive conduct and had a distinctively political nature. The fact that an audience takes offense to certain ideas or expression, the Court found, does not justify prohibitions of speech. In Snyder v. Phelps, 2011 – The Court held that the First Amendment shields those who stage a protest at the funeral of a military service member from liability.  Second Amendment & Right to Keep and Bear Arms Significance of the 2nd amendment (see pgs. 119-120). self-defense For ________________________________________and defense against the state ____________________________________________________. Regulation left up to states… Today, the issue of guns is largely left up to states, as long as they are not outright banning them. Court Cases: NYSRPA v. Bruen, ________________________________________________2022 - New York’s proper-cause requirement violates the Fourteenth Amendment by preventing law-abiding citizens with ordinary self-defense needs from exercising their Second Amendment right to keep and bear arms in public for self-defense. The right to carry a firearm in public for self- defense is deeply rooted in history, and no other constitutional right requires a showing of “special need” to exercise it.  Due Process Rights due process rights Amendments 4-8 are also known as “_______________________________________” or rights that guarantee laws will be fairly applied to citizens suspected of breaking the law. Due Process prevents law enforcement from jailing, arresting, torturing, and imprisoning opponents without cause. Early English history was full of examples of rulers dismissing due process and the Founders wanted to make sure America didn’t have a president that could simply lock up his rivals. 4th - Freedom from unreasonable searches and seizures (see pgs. 121-123). _________ 5th Right to due process of law, freedom from self-incrimination, double jeopardy (see pgs. 123-125). _________- 6th Rights of accused persons, such as right to a speedy and public trial (see pgs. 125-127). _________- 7th Right of trial by jury in civil cases (see pg. 128). _________- 8th No cruel or unusual punishment (see pgs. 129-130). _________– Court Cases: Gideon v. Wainwright, 1963 - In a unanimous opinion authored by Justice Hugo L. Black, the Court held that it was consistent with the Constitution to require state courts to appoint attorneys for defendants who could not afford to retain counsel on their own. Miranda v. Arizona, 1966 - The Fifth Amendment requires that law enforcement officials advise suspects of their right to remain silent and to obtain an attorney during interrogations while in police custody.  Do We Have A Right to Privacy? What about the right of privacy? 1st The right of privacy is not specifically stated in the Bill of Rights but is implied in the _____ amendment protection 4th of beliefs and speech, ______ amendment protections against searches and seizures, ______ amendment 5th 9th protection against self-incrimination and the ______ amendment which says our rights are not limited (see pgs. 133-135). Privacy has traditionally been looked at regarding decisions related to reproductive choices, such as contraception and later abortion. Griswold v. Connecticut, 1965 – A right to privacy can be inferred from several amendments in the Bill of Rights, and this right prevents states from making the use of contraception by married couples illegal. Eisenstadt v. Baird, 1972 – right to contraceptive is extended to single individuals. Roe v. Wade, 1973 – Inherent in the Due Process Clause of the Fourteenth Amendment is a fundamental “right to privacy” that protects a pregnant woman’s choice whether to have an abortion. Dobbs v. Jackson Women's Health Organization _____________________________________________________________________________, 2022 - The Constitution does not mention abortion. The right is neither deeply rooted in the nation’s history nor an essential component of “ordered liberty.” Civil Rights Civil rights _______________________________ Examples: are personal rights guaranteed and 13, 14, 15, amendments protected by the U.S. Constitution and Civil Rights Act of 1964 federal laws enacted by Congress for Voting Rights Act of 1965 purposes of addressing discrimination. Americans with Disabilities Act of 1990 Etc.  What About Discrimination? Following the passage of the 13th, 14th, and 15th amendments ____________________________________________many states (and cities, too) imposed legal punishments on people for consorting with members of another race (de jure discrimination) (see pg. 152). The most common types of laws forbade interracial marriage and ordered business owners and public institutions to keep their black and white clientele separated (segregated public spaces). Plessy v. Ferguson _______________________________________, 1896 – upheld state- imposed racial segregation and Jim Crow laws remained until the 1960s (see pg. 152). Brown v. Board of Education _______________________________________, 1954 – separate facilities solely on the basis of race is inherently unequal (see pgs. 152-153). What Was The Civil Rights Movement? Civil Rights Movement The _________________________________________ - the group effort of African Americans to claim their civil rights through a variety of means – legal, political, economic, civil disobedience – in the 1950’s and 1960’s. Removing barriers to integration and ending the Jim Crow era: The Civil Rights Act of 1964 _________________________________________- The Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, religion, sex or national origin (see pg. 154). The Voting Rights Act of 1965 _________________________________________– It outlawed the discriminatory voting practices adopted in many southern states after the Civil War, including literacy tests as a prerequisite to voting (see pg. 155).  How to Remedy Past Discrimination? Affirmative Action _______________________________________________ refers to procedures designed to give preference to those individuals who are apart of groups that have historically been discriminated against. Polices are usually used in college applications and hiring procedures. Regents of the University of California v. Bakke ____________________________________________________ ,1978 – Four of the justices contended that any racial quota system supported by government violated the Civil Rights Act of 1964. The remaining four justices held that the use of race as a criterion in admissions decisions in higher education was constitutionally permissible. Fisher v. University of Texas ____________________________________________________, 2016 – The University of Texas’ use of race as a consideration in the admissions process did not violate the Equal Protection Clause of the Fourteenth Amendment. Students for Fair Admissions (SFFA) v. Harvard ____________________________________________________, 2023 – Harvard’s use of race in the admissions process violates the Equal Protection Clause of the Fourteenth Amendment. *Consequently, as of today, colleges can no longer use race as a factor for admissions.  When Civil Liberties Clash With Civil Rights Our rights can be limited... …when they clash with other people’s rights. …when they conflict with a collective good the society as a whole values. Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission 2018 - holding ___________________________________________________________, that the Colorado Civil Rights Commission's conduct in evaluating a cake shop owner's reasons for declining to make a wedding cake for a same-sex couple violated the Free Exercise Clause. Bostock v. Clayton County ________________________________________________, 2020 - An employer who fires an individual employee merely for being gay or transgender violates Title VII of the Civil Rights Act of 1964. What About Equality of the Sexes? An Amendment for Equality? Originally authored by in 1923 by ________________________________ the amendment Alice Paul reads: “Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.” _________________________________ Phyllis Schlafly became an outspoken opponent of the Equal Rights Amendment (ERA) during the 1970s as the organizer of the "STOP ERA" campaign.  What Is The Equal Rights Amendment? Timeline of the ERA (see pgs. 161-162) 1972 In __________________the amendment passed both the House and the Senate and was sent to the states for ratification (with a time limit of 7 years). 38 _____states needed to ratify, but this did not occur with the first deadline. Congress voted to extend the time limit for an additional three years, but the amendment was 3 states shy of 38. 5 states Between 1973 and 1978, _____________________ rescind their vote — Idaho, Kentucky, Nebraska, South Dakota, and Tennessee. Even after the deadline, states have been encouraged to ratify the ERA in hopes that Congress will disregard the deadlines. Illinois ratified in 2017, followed by Nevada in 2018, and lastly Virginia ________________________________ in 2020.