Civil Liberties Illustrated ** National Government National Government Citizens Civil Liberties Protects Liberties Oppressive Actions

Civil Rights Illustrated National Government National Government Citizens Protector of Individual Rights Discriminatory Actions

Civil Liberties, Civil Rights, and the Government Return Return SourceMeaningImpact on Government Power Civil Liberties Bill of Rights Liberties protected for each citizen Restricts government power Civil Rights14 th Amendment Citizens protected from each other (discrimination) Empowers government

Schenck v. U.S. "The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent." Return

Brandenburg v. Ohio States can only prohibit speech that “is directed to inciting or producing imminent lawless actions and is likely to incite or produce such action” Return

Miller v. California: Test for obscenity 1.Violates contemporary community standards 2.The work as a whole appeals to prurient interest in sex 3.The work shows patently offensive sexual conduct 4.The work lacks serious redeeming literary, artistic, political, or scientific merit. Justice Potter Stewart on pornography: “I know it when I see it...” Return

The “Establishment Clause” of the 1 st Amendment (Religious freedoms) “Congress shall make no law respecting an establishment of religion...” Return

The Lemon Test State laws and school funding 3 parts: 1.the statute must have a secular legislative purpose 2.primary effect must neither advance nor inhibit religion 3.must not foster “an excessive government entanglement with religion” Return

The “Free-Exercise Clause” of the 1 st Amendment (Religious freedoms) “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...” Return

Clarence Gideon Gideon v. Wainwright (1963) Return

“Penumbral” rights “Previous cases suggest that the specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that give them substance. Various guarantees create zones of privacy, such as the First Amendment right of association, the Third Amendment prohibition against quartering soldiers in a home, the Fourth Amendment right to be secure in one's person, house, papers, and effects, the Fifth Amendment right to not surrender anything to one's detriment, and the Ninth Amendment right to not deny or disparage any right retained by the people. These cases press for recognition of the penumbral rights of privacy and repose.” Return

“3/5 Compromise” and the Constitution Article I, Section 2, Clause 3: “Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.” Return

The Constitution and Slave Importation Article I, Section 9, Clause 1: “The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.” Return

The Constitution and Escaped Slaves Article IV, Section 2, Clause 3: “No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.” Return

13th AMENDMENT ** (Ratified in 1865) Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

14 th Amendment “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state 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.” Return

14 th Amendment—Due Process “... nor shall any State deprive any person of life, liberty, or property, without due process of law.” Return

Congress forbidden—what about the states? Amendment I: “Congress shall make no law...” Absolutely no mention of the states. Return

The Emancipation Proclamation “Whereas, on the twenty-second day of September, in the year of our Lord one thousand eight hundred and sixty- two, a proclamation was issued by the President of the United States, containing, among other things, the following, to wit: That on the first day of January, in the year of our Lord one thousand eight hundred and sixty-three, all persons held as slaves within any State or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free...” Return

Brown v. Board of Education (1954) Chief Justice Earl Warren: “Racial segregation generates a feeling of inferiority as to black children’s status in the community that may affect their hearts and minds in a way unlikely ever to be undone... Separate educational facilities are inherently unequal.” Return