An Introduction to Civil Liberties & Civil Rights Civics

What’s the difference between them?  Civil liberties involves basic freedoms (individuals)  Protection of the 1 st amendment  Civil rights involves protection against discriminatory treatment (groups)  Protection of 14 th amendment

Sources of Protection:  The Constitution  The Bill of Rights  Legislation  Court decisions  State Constitutions

The nature of them and whom it applies to…  NOT absolute  “Balancing Test” (freedom v. order)  Most rights and freedoms granted to all in US  Exceptions: non-citizens may not *vote, *serve on jury, *stay unconditionally, *hold public office,  Why not?

The 14 th Amendment  The history of the civil rights movement parallels the “nationalization” of the 14 th  Equal Protection for All: A delayed reality  “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States…” –Equal Protection Clause

The 14 th Amendment  Prior to passage, the Bill of Rights was the only protection citizens had  Gave protection ONLY against the national government!  The issue of slavery stopped the concept of “all men created equal” (Dred Scott)  Shouldn’t 14th“nationalize” the Bill of Rights? (apply to states)

The 14 th Amendment  Suits by individuals against states b/c of denial of property (under 5 th & 14 th )  The Slaughterhouse Cases (1873)  Result was protecting “business” purposes of 14 th, not blacks!  Plessy v. Ferguson put issue to rest (est. Jim Crow)

How did the 14 th Amendment become a basis for movement?  Nationalization was an important step…  “Total Incorporation” view- apply all provisions of B of R to states  “Selective Incorporation” view- apply only some of the provisions to states  Gradual, case by case  Ex. Gitlow v. NY (1925): states can’t deny free speech & press “liberty of due process

How did the 14 th Amendment become a basis for movement?  It took the SC 50 years to reverse decision (Plessy)  Brown v. Board was biggest contributor to incorp., but began with Gitlow v. NY  States had to end segregation “with all deliberate speed” (Brown)

The Significance of Brown Case  The activist court used incorp. to promote 14 th ’s due process & equal protection  Criteria set-up:  1) Reasonable classification:  Laws must treat indiv. equally  Benefit of doubt goes to govt.

The Significance of Brown  2) Rational Basis test:  If legis. intent is reasonable and serves public good (age & drinking), ok  3) Strict scrutiny test:  Places burden on states to prove law (race & ethnicity) fulfills a “compelling govt. interest”