Civil Liberties Ch. 20

5th and 14th Amendments – Due Process Due process means that the government must act fairly and in accord with established rules at all times. Due process is broken down into two branches: Substantive due process—the fairness of the laws themselves. Procedural due process—the fairness of the procedures used to enforce the laws.

The Police Power(Reserved power of the States) The Police Power is the authority of each state to act to safeguard the well-being of its people. To promote health: States can limit the sale of alcohol and tobacco, make laws to combat pollution, and required vaccination of school children To promote safety: States can forbid concealed weapons, required the use of seat belts, and punish drunk drivers. To promote morals: States can outlaw gambling, the sale of obscene materials, and prostitution. To promote the general welfare: States can enact compulsory education laws, provide help to the needy, and limit profits of public utilities.

The Right to Privacy The constitutional guarantees of due process create a right of privacy. In Stanley v. Georgia, 1969, the right of privacy was defined as “the right to be free, except in very limited circumstances, from unwanted governmental intrusion into one’s privacy.” The right of privacy provoked controversy when it was applied to a woman’s right to an abortion, beginning with Roe v.Wade in 1973.

The Right to Keep and Bear Arms The 2nd Amendment protects the right of each State to form and keep a militia. Many believe that the 2nd Amendment also sets out an individual right to keep and bear arms. The Supreme Court has only tried one important 2nd Amendment Case, United States v. Miller, 1939. The 2nd Amendment has as yet not been extended to each State under the 14th Amendment. Therefore, the individual States have the right to regulate arms in their own ways.

Security of Home and Person The 3rd and 4th Amendments protect the security of home and person. The 4th Amendment protects against writs of assistance (blanket search warrants) and “unreasonable searches and seizures.” It is extended to the States through the 14th Amendment.

Aspects of the 4th Amendment

When does the 4th Amendment protection come into play? “only when the officer, by means of physical force or show of authority, has in some way restrained the liberty of a citizen.” Terry v. Ohio, 1968

Article I, Sections 9 & 10 Writ of Habeas Corpus—A court order which prevents unjust arrests and imprisonment. Bills of Attainder—laws passed by Congress that inflict punishment without a court trial (Congress cannot pass such a law). Ex Post Facto Laws—new laws cannot apply to things that happened in the past.

Speedy and Public Trial-(6th Amendment) The Speedy Trial Act of 1974 requires that the beginning of a person’s federal criminal trial must take place no more than 100 days after the arrest. A judge can limit who can watch a trial if the defendant’s rights are in jeopardy.

Trial by Jury-(6th) Americans in criminal trials are guaranteed an impartial jury chosen from the district where the crime was committed. If a defendant waives the right to a jury trial, a bench trial is held where the judge alone hears the case. Most juries have to be unanimous to convict.

Right to an Adequate Defense-(6th) Some rights of the accused:

Self-Incrimination The Fifth Amendment declares that no person can be “compelled in any criminal case to be a witness against himself.” This protection extends to the States, and sometimes to civil trials if the self incrimination could lead to a criminal charge. A person cannot be forced to confess to a crime under extreme circumstances.

Bail and Preventative Detention Bail is a sum of money that the accused may be required to deposit with the court as a guarantee that he or she will appear in court. The Constitution does not guarantee that all accused persons are entitled to bail, just that the amount of the bail cannot be excessive. Preventive detention allows federal judges to order that accused felons be held without bail if there is a danger that the person will commit another crime if released.

Cruel and Unusual Punishment The 8th Amendment forbids “cruel and unusual punishment.” The 8th Amendment is intended to prevent, in the Court’s opinion, barbaric tortures such as drawing and quartering and other excessively cruel punishments.

Capital punishment is hotly debated under the 8th Amendment. The Supreme Court voided capital punishment laws in the early 1970s. However, in 1976, the Court held for the first time that a new law which instituted the death penalty was NOT unconstitutional. The new law provided for a two-stage trial process. One trial would determine guilt or innocence, and a second hearing would decide whether the death penalty was warranted. The Court later restricted the use of the death penalty to cases where the victim died.

Homework-Due Friday Answer the following in paragraph form. Does the exclusionary rule serve the interests of justice? Explain how you might answer this question if you were a. the defendant in a criminal trial b. a police officer 2. Explain why you agree/disagree with the following statement: “It is better that ten guilty men go free than one innocent person be punished.”

What is the difference between Civil Rights and Civil Liberties? Ch. 21 What is the difference between Civil Rights and Civil Liberties?

African Americans and Women The white-male-dominated power structure in the United States has been historically reluctant to yield a full and equal place in the social, economic, and political life of America for minorities and women. Women are in fact not a minority, making up over 51 percent of the U.S. population. Women, however, on average, earn less than men, consist of less than 20 percent of Congress, less than 20 percent of the 50 State legislatures, and are underrepresented in corporate management and other groups in the private sector.

House Senate Women in Congress 1917 1 0 1947 7 1 1987 24 2 1995 50 9 1917 1 0 1947 7 1 1987 24 2 1995 50 9 2013 78 20 2015 84 20

Equal Protection Clause The 14th Amendment’s Equal Protection Clause declares that citizens are protected equally under the law.

Segregation in America In 1954, the Supreme Court struck down separate-but-equal in Brown v. Board of Education of Topeka. Desegregation and integration programs progressed through the 1950s and 1960s. De facto segregation, segregation in fact even if no law requires it, has emerged in housing and schooling patterns in some areas of the country.

Affirmative Action Affirmative Action is a policy that requires most employers to take positive steps to remedy the effects of past discriminations. This policy applies to all the agencies of the Federal Government, to all the States and their local governments, and to all those private employers who sell goods or services to any agency of the Federal Government. Beginning in 1965, affirmative action programs established guidelines and timetables for overcoming past discriminations. Many employers hire certain workers due to their minority backgrounds or gender. Such rules requiring specific numbers of jobs or promotions for members of certain groups are called quotas.

Title IX Title IX of the Educational Acts of 1972 requires near equal funding for men’s and women’s athletic teams at public schools and universities.

Affirmative Action Cases and Measures Regents of the University of California v. Bakke, 1978 Allan Bakke sued the University of California for reverse discrimination and won. This case shows that the Constitution does not allow race to be used as the only factor in the making of affirmative action decisions. Adarand Constructors v. Pena, 1995 The Supreme Court’s decision in this case holds that whenever government provides for any preferential treatment based on race, that action is almost certainly unconstitutional, even if it is intended to benefit minority groups suffering from past injustices. AffirmativeAction: The Problem or the Solution? - YouTube

Citizenship A citizen is a member of a state or nation who owes allegiance to it by birth or naturalization and is entitled to full civil rights. By Birth Jus soli is the law of the soil, or where one is born. Jus Sanguinis is the law of the blood, or to whom one is born. By Naturalization Naturalization is the legal process by which a person becomes a citizen of another country at some time after birth.

Loss of Citizenship Expatriation Legal process by which a loss of citizenship occurs. Expatriation is a voluntary act. Denaturalization Process by which citizens can lose their citizenship involuntarily. Occurs only after it has been shown that the person became a citizen by fraud or deception.

Undocumented Aliens No one knows for sure how many undocumented aliens live in the United States today. The Census Bureau estimates between three and six million. However, it may be twice that many. Illegal immigration adds stress on public schools and welfare services in several States. The Restrictions Act of 1996 make it easier for the INS to deport aliens by toughening the penalties for smuggling aliens into this country, preventing undocumented aliens from claiming Social Security benefits or public housing, and allowing State welfare workers to check the legal status of any alien who applies for any welfare benefits. However, in the past few years the number of illegal immigrants entering the U.S. has plummeted due to the recession.

Solving America’s Immigration Issues In groups of three or four, develop an immigration policy that outlines or answers the following: Describe what restrictions should apply What the total number should be How aliens(both documented and undocumented) should be handled Is there an easier path to citizenship? How do we deal with illegal aliens who are already in the country? How much should it cost? What about children? What about marriage? Should the gov’t of the U.S. give any preferential treatment?