Principles of Civil Liberties and Civil Rights Unit 6: Civil Liberty Rights Principles of Civil Liberties and Civil Rights

Putting This Conversation In Context In order to understand our rights and liberties we have to put them into historical context The Civil Rights Movement is the best way to understand how our rights play out in the real world You can’t understand the movement for civil rights if you don’t understand the 1950s Crash Course in US Hist Civil Rights

I. Definitions of Civil Liberties and Rights Civil liberties involve basic freedoms (e.g., speech and religion), Civil Rights involve protections against discriminatory treatment from govt (e.g. 4th, 8th, etc)

II. Sources of protection of these rights The constitution, e.g., no ex post facto laws or bills of attainder, habeas corpus Bill of Rights Legislation, e.g., Civil Rights Acts of 1964 and 1968, Voting Rights Act of 1965. Court decisions, e.g., Brown v. Board and Roe v. Wade State constitutions

III. Relative Nature of Our Rights They are not absolute (never changes)- Our rights are “relative” to the circumstances Courts balance btwn order and liberty For example: FIRE!!!!!

C. The14th Amendment & Incorporation

IV. Impact of federalism & 14th Amendment Bill of Rights vs. State govts Effects of the 14th Amendment The due process clause of the 14th Amendment has been used to apply most of the provisions of the Bill of Rights The “total incorporation” view The “selective incorporation” The important case here: Gitlow v. New York, 1925.

V. Subsequent cases nationalized parts of the Bill of Rights on a selective incorporation basis A visual on the next slide to help

Assembly Petition Religion Search and seizure procedures Self-Incrimination Double jeopardy Right to Counsel Right to Bring witness Right to confront witness Protection against cruel and unusual punishment

VI. Which rights must states uphold (protect)? The Palko Test (Palko v. Connecticut) Any right that is so important to liberty, that if that right is violated, then liberty would cease to exist ,  must be protected

All provisions of the Bill of Rights except Amendments 2, 3, 7, 10 and Grand Jury of 5th have been nationalized (incorporated selectively under the 14th Amendment)

VI. 9th Amendment No complete listing of rights is possible  inclusion of the 9th amendment Examples of “other” rights protected by 9th: Privacy (Griswold v. Connecticut) Homosexual conduct (Lawrence v. Texas 2003: Freedom of Assoc Boy Scouts v. Dale 2000:

Lecture DQs Discuss 2 sources of protections of civil liberties and rights Discuss “incorporation” of the Bill of Rights