Test I Chapter 3 Civil Liberties

Liberties vs. Rights For this class we will not split the hair of difference, the book does divide the two out Chapter 4 discusses Liberties, Chapter 5 discusses Rights

Limits Sometimes American’s forget that there are limits on both their rights and liberties Our rights and liberties end where they infringe upon others rights and liberties of others

Who decides? The Supreme Court has the final say and what our rights and liberties are The court’s opinion sometimes changes over a period of time and is affected by who sets on the court at a given time

Motivation for a Revolution Rights and Liberties were one of the motivating factors of the American Revolution Reason Anti-Federalist wished them to be spelled out in our constitution, thus the Bill of Rights Know page 35 box

Freedom of Expression Limited, while trying to allow as much freedom as possible Found in the First Amendment Know Gitlow v. New York, Schenck v. U.S. & Texas v. Johnson pg.36 Libel – print / Slander – Broadcast Celebrities are treated differently Applications – art, behavior

Freedom of Religion Establishment Clause – the government cannot establish a state religion (ex. Church of England) Free Exercise Clause – government cannot pass a law prohibiting the exercise of religion Limits – infringements upon others, animals (sacrifice), taxes Applications – School activities, vouchers

Crime and Due Process Mood of the country greatly affects the rights liberties of the accused Constitution creates the hurdles of due process Probable cause is now the key Know Gideon v. Wainwright & Miranda v. Arizona pg.50

Terrorism and Due Process Post 9-11 fears allowed government to take down some of the hurdles of due process If terrorism fears subside the hurdles will be put back in place Guantanamo is very similar to what our country did in WWII to the Japanese, and to Native Americans

Test I Chapter 4 Civil Rights

The Struggle for Civil / Human Rights 13 th, 14 th, 15 th, & 19 th Amendments

African - Americans Formerly the lead group in the struggle From property to equality Post Civil War Plessy (1896) decision to Brown v. Board (1952) Civil Rights Movement (50s & 60s) MLK Change in Public Opinion (1980s)

Rights vs. Opportunity Bakke – reverse discrimination Affirmative action from leveling the playing field to civil action

Hispanic Rights Labor Rights vs. Civil Rights Cesar Chavez Voting rights soon Assuming the role as lead group

Women’s Rights Vote - yes Opportunity - yes Equality - no (failure of the ERA) Today about options (Gamma Girls) Sexual Harassment – limited definition by law makers so courts must view case to case

Privacy Behavior Pornography Homosexuality – very little success in the courts

Abortion Rights of the woman vs. the right of the unborn infant Roe v. Wade Future