1. Chapter 5 Notes – The Bill of Rights Civil Liberties & Rights

2. United States v. Schenk during WW1
Civil Liberties:
Freedom of Speech
Freedom of Religion
Freedom of the Press
Freedom of Assembly
Freedom from unreasonable search and Seizure.
Civil Rights:
Right to due process
Right to Trial by Jury
Right to legal counsel
Right to vote
Right to petition the government for a redress of grievances.

3. Civil Liberties: Basic freedoms that are considered to be the birthright of all individuals. Thomas Jefferson and fellow framers called them Natural rights or unalienable rights. Think Life , liberty, and the pursuit of happiness.
Civil Rights: Are rights that come with being a member of that particular society. They are not protections from the government- they are more guarantees by the government of equal rights and fair treatment under the law. Think trial by jury, and the right to vote.

4. “Equal protection Clause.”
Early Challenges and Precedents set:
Marbury vs. Madison:
More obstacles laid ahead as shown in the case of
Plessy v. Ferguson. Which was ruled protected by
“Equal protection Clause.”
The Supreme Courts reluctance to make the Bill of Rights binding to states meant that very few cases involving civil rights went through the process before the 1900’s.
Laid the foundation for judicial review by the Supreme Court. Then the court had to decide whether the bill of Rights applied to actions by state Government. . .

5. Slavery in the United States
The Civil War Era
Dred Scott v. Sandford (1857)
The Thirteenth Amendment (1865)
The Fourteenth Amendment (1868)
The Fifteenth Amendment (1870)
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6. Reconstruction and the First Civil Rights Acts
Reconstruction era between 1866 and 1877
The Black Codes limited the rights of “freemen,” or former slaves. Supported by Southern Democrats
To remedy that situation, Congress passed laws that sought to negate the Black Codes.
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7. Backlash: Jim Crow Laws
State and local governments in the South also found ways to prevent African Americans from exercising their right to vote:
Literary test
Poll tax
Grandfather clause
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8. Governmental Acceptance of Discrimination
Plessy v. Ferguson (1896)
The separate but equal doctrine declaring that separate but equal facilities do not violate the Fourteenth Amendment’s equal protection clause
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9. The End of Separate But Equal
In 1954 the Supreme Court ruled in Brown v. Board of Education of Topeka that segregated schools violate the equal protection clause of the Fourteenth Amendment.
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10. The Movement Gains National Visibility
Rosa Parks & Montgomery Bus Boycott (1955)
The boycott was led by Martin Luther King Jr.
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11. The Government’s Response to the Civil Rights Movement
As a result of the civil rights movement, Congress passed the 1965 Voting Rights Act, as well as the 1964 Civil Rights Act, and the 1968 Civil Rights Act.
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The Civil Rights Act of 1964
It outlaws arbitrary discrimination in voter registration practices within the states.
It bans discrimination in public accommodations, including hotels, restaurants, and theaters.
It prohibits state and local governments from banning access to public facilities on the basis of race, religion, or ethnicity.
It empowers the U.S. Attorney General to sue to desegregate public schools.
It bars government agencies from discrimination, and imposes the threat of the loss of federal funding if an agency violates the ban.
It establishes a standard of equality in employment opportunity.
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13. Voting Rights Act of 1965
Banned voter registration practices, such as literacy tests
Mandated federal intervention in any county where less than 50 percent of eligible voters are registered
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14. Impact of the Civil Rights Movement
Momentous impact on society by working for the laws and rulings that bar discrimination in employment, public accommodations, education, and housing
Profound impact on voting rights by establishing the principle that the laws governing voter registration and participation should ensure that individuals are permitted to vote regardless of their race
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15. 2 Form of speech not protected under the Constitution:
Slander:
Orally spreading false information about someone with intent to cause harm.
Libel:
Publishing false information about someone with intent to cause harm.
The Supreme Court later ruled that Symbolic speech would be protected, and would later pass the Communications Decency Act. When the Supreme Court made it clear that they would protect all speech they would have to allow some offensive speech – which is the cornerstone of a free society.

16. 2nd, 3rd, and 4th Amendment
The Second Amendment - the right to bear arms was created out of fear of a standing military. The first gun restrictions came from a Supreme Court case in 1939 The United States v. Miller.
The 3rd and 4th Amendment protects both your home and person. From abuses by law enforcement and military. Although the 3rd amendment doesn’t have much modern day application the 4th is used daily. To execute a warrant a judge must grant one based on probable cause or reasonable suspicion of criminal behavior.

17. The next 4 amendments the: 5th, 6th, 7th, and 8th concern protection of rights in the judicial process.
The 5th Amendment protects all individuals from Self-incrimination as well as double jeopardy.
The 6th and 7th Amendment helps ensure a fair trial. The 6th Amendment says that criminal trials must be carried out quickly, publicly, and in front of an impartial jury. Also if you are unable to afford legal counsel it will be provided for you. This was made precedent in the case of Gideon v. Wainright. The 7th Amendment guarantees trial by Jury in most civil cases.
The 8th Amendment protects you from excessive bail and Punishment

18. The 9th Amendment refers to your rights beyond those listed in the Constitution.- that your unenumerated rights be protected.
The 10th Amendment refers to the powers reserved for the States and the People. This Amendment is concerned more with federalism or the balance of federal and state powers than with individual rights.

19. IN SUMMARY:
The first 10 amendments were added to the Constitution to safeguard civil liberties and civil rights: However, it took several years for the Supreme Court to apply the Bill of Rights to the actions of state and local governments.
The first amendment protects the freedoms of religion, speech, the press, and assembly.
The 2nd, 3rd, and 4th amendments are designed to protect the rights of citizens from government abuses of power.
The 5th, 6th, 7th, and 8th amendments define and protect rights under the judicial system.
The 9th amendment protects other unnamed rights not specified in the Bill of Rights.
The 10th Amendment reserves powers not granted to the federal government to the states or the people.