Civil Rights and Civil Liberties

"The Bill of Rights was designed to meet the kind of human evils that have emerged...wherever excessive power is sought by the few at the expense of the many." -Justice Hugo Black

Civil Rights Protections against discriminatory treatment (based on race, sex, beliefs, etc) The rights of individuals to receive equal treatment in a variety of settings (education, housing, employment, etc)

Civil Liberties The Constitutional protection of individuals against the governmentThe Constitutional protection of individuals against the government Basic freedoms protected by law from unjust governmental or other interferenceBasic freedoms protected by law from unjust governmental or other interference

Discussion Questions! In your groups: 4 Explain in your own words: Civil Liberties 4 Explain in your own words: Civil Rights In your groups: 4 Explain in your own words: Civil Liberties 4 Explain in your own words: Civil Rights 4 How are they similar? What's the difference? 4 How are they similar? What's the difference? 4 What are some examples of each? 4 What are some examples of each?

Protected in 5 ways:  1. The body of the Constitution  2. Laws passed by Congress  3. Supreme Court decisions  4. The Bill of Rights  5. Other amendments

1. The body of the Constitution:  No Bills of Attainder  No Ex-Post Facto laws  The Writ of Habeas Corpus

Bills of Attainder A legislative act that declares an individual or a group guilty of a crime and singles them out for punishment without a trial

Ex-Post Facto Laws A law making an act illegal that was legal when committed A law that increases the penalties after the crime has been committed A law that changes the rules of evidence to make conviction easier

Writ of Habeas Corpus Latin for "produce the body" Used to bring a prisoner before a court to determine if the person's imprisonment or detention is lawful Idea is to keep government from imprisoning people unfairly

2. Laws passed by Congress The Civil Rights Acts of 1964 and1968The Civil Rights Acts of 1964 and1968 The Voting Rights Act of 1965The Voting Rights Act of 1965

The Civil Rights Act of 1964 Bans discrimination in places of public accommodation on basis of race, color, national origin, or religion (Title II)Bans discrimination in places of public accommodation on basis of race, color, national origin, or religion (Title II) Prohibits employment discrimination on the same basis, but including sexProhibits employment discrimination on the same basis, but including sex (Title VII)

The Civil Rights Act of 1968 Bans discrimination in the sale or rental of housing on the basis of race, color, religion, or national origin Known as the "Fair Housing Act" Prohibits "redlining"

The Voting Rights Act of 1965 Required Justice Department to authorize "pre-clearance" for any changes in voting rules by Southern statesRequired Justice Department to authorize "pre-clearance" for any changes in voting rules by Southern states Suspended literacy testsSuspended literacy tests Authorized federal oversight of registration and voting in SouthAuthorized federal oversight of registration and voting in South

3. Supreme Court Decisions Brown v Board of Education of Topeka (1954) The Supreme Court ordered desegregation “with all deliberate speed” Federal marshals were required to open up schools in the South The Equal Protection Clause of the 14 th Amendment used in decision

4. The Bill of Rights Civil rights are protected by Amendment 5 and 14 Civil liberties are protected by Amendments 1, 4, 5, 6, 7, 8 & 9

5. Other relevant amendments 13 th Amendment (1865) States cannot allow slavery 15 th Amendment (1868) States cannot prohibit voting rights based on race 19 th Amendment (1920) States cannot prohibit voting rights based on sex

5. More relevant amendments th Amendment (1964) States cannot charge a poll tax 26 th Amendment (1971) States cannot bar 18 year olds from voting

Discussion Questions! In your groups: 4 4 Review the 5 ways that civil liberties and rights are protected 4 4 Which way seems the most secure? the least secure? Why? 4 4 What are some rights that do not seem guaranteed yet? How could this change?

14 th Amendment Traditionally considered to be part of the Bill of Rights Created a "brand new Constitution" after the Civil War (Justice Brennan) Greatly expanded the scope of civil rights in the Constitution

Why 14 th Amendment? Slavery existed for over 200 years Black Codes passed throughout South after the Civil War ended Extensive efforts to deny freed slaves any rights during Reconstruction

Radical Reconstruction All former Confederate states stripped of statehood New terms for being readmitted included ratifying the 14 th and 15 th Amendments Military officials in South enforced law

14 th Amendment: Section 1  "All persons born or naturalized in the U.S. are citizens of the United States..."  States cannot deny rights to anyone born in the U.S. due to race, ethnicity or national origin  Overturned Supreme Court ruling in Dred Scott v Sanford (1858)

14 th Amendment: Section 1  "No state shall make any law which shall abridge the privileges and immunities of the citizens of the U.S."  Repeats Article IV, Clause 2 (why?)  Protects a citizen's rights from unreasonable state action  Has not been effective in protecting rights

14 th Amendment: Section 1  "...nor shall any state deprive any person of life, liberty or property without due process of law"  Similar to Due Process Clause of 5 th Amendment, but applies to states|  Government must be fair in its actions: carrying out laws the laws themselves

14 th Amendment: Section 1  "...nor deny to any person within its jurisdiction the equal protection of the laws"  Forbids unreasonable discrimination by the states  Used to challenge race and sex-based classifications or discrimination  Basis for a wide variety of landmark Supreme Court cases

Discussion Questions! Due Process: What due process rights should students have regarding suspensions and expulsion? Equal Protection: What are some compelling reasons to treat people differently due to their race? gender?

"Congress shall make no law..." Barron v Baltimore (1833): The Bill of Rights only applies to the federal government Two systems of justice - one for the federal gov't and one for the states

Incorporation of the Bill of Rights The 14th Amendment was written to extend the protections of the Bill of Rights to the states The Court refused this interpretation of the law in the Slaughterhouse Cases (1873)

Incorporation of the Bill of Rights Eventually, the Court began using the Due Process Clause of the 14 th Amendment to apply the Bill of Rights to the states. Gitlow v New York (1925): 1 st Amendment rights incorporated

Discussion Questions! What is "incorporation"? How does this affect states? How does this affect citizens? What is the difference: 4 total incorporation 4 selective incorporation Which type did the Court choose? why?

Selective Incorporation! In Palko v Connecticut (1937), the Court rejected total incorporation In Palko v Connecticut (1937), the Court rejected total incorporation The Court now decides on a case-by-case basis which parts of the Bill of Rights it wishes to apply to the states The Court now decides on a case-by-case basis which parts of the Bill of Rights it wishes to apply to the states

Which rights are incorporated? Everything except: 4 keep and bear arms 4 quarter troops 4 grand jury indictment 4 trial by jury in civil cases 4 no excessive bail and fines Why??

Key 14 th Amendment cases Plessy v Ferguson (1896) Gitlow v New York (1923) Korematsu v United States (1944) Brown v Board of Education (1954) Loving v Virginia (1967) U.C. Regents v Bakke (1978)

Plessy v Ferguson (1896) Does "separate but equal" violate the 14 th Amendment? What did the Court say? 4 Yes4 No Why?

Plessy v Ferguson (1896) Separate facilities do not violate the 14 th Amendment as long as they are equal

Gitlow v New York (1923) Do provisions of the Bill of Rights apply to the states? What did the Court say? 4 Yes4 No Why?

Korematsu v U.S. (1944) Does the internment of persons of Japanese ancestry violate the 14 th Amendment? What did the Court say? 4 Yes4 No Why?

Korematsu v U.S. (1944) The need to protect against espionage outweighed Korematsu's rights Compulsory exclusion is justified during times of "emergency and peril"

Could internment of a "suspect group" happen again?

Brown v Board of Education (1954) Does "separate but equal" violate the 14 th Amendment? What did the Court say? 4 Yes4 No Why?

Brown v Board of Education (1954) Separate educational facilities are inherently unequal School segregation violates the equal protection clause of the 14 th A

De jure v De facto segregation

Loving v Virginia (1967) Do state laws against interracial marriage violate the 14 th Amendment? What did the Court say? 4 Yes4 No Why?

Loving v Virginia (1967) State laws that ban interracial marriage violate the equal protection clause of the 14 th A.

Do marriage rights extend to all people?

U.C. Regents v Bakke(1978) Do university affirmative action policies violate the 14 th Amendment? What did the Court say? 4 Yes 4 No Why?

U.C. Regents v Bakke (1978) Race may be considered as one factor in college admissions Schools may not use a quota system

Is Affirmative Action fair?

Discussion Question! Plessy v Ferguson (1896) Gitlow v New York (1923) Korematsu v United States (1944) Brown v Board of Education (1954) Loving v Virginia (1967) U.C. Regents v Bakke (1978) Which two cases are the most important? Why?