1. Civil Liberties: First Amendment Freedoms
LT: I CAN identify the clauses of the First Amendment

2. Current Supreme Court Justices
Chief Justice John Roberts
Appointed: Bush, 2005
Age: 55
Conservative

3. Current Supreme Court Justices
Antonin Scalia
Appointed: Reagan, 1986
Age: 74
Strong Conservative

4. Current Supreme Court Justices
Anthony Kennedy
Appointed: Reagan, 1988
Age: 73
Swing Vote (Usually Conservative)

5. Current Supreme Court Justices
Clarence Thomas
Appointed: Bush, 1991
Age: 61
Strong Conservative

6. Current Supreme Court Justices
Ruth Bader Ginsburg
Appointed: Clinton, 1993
Age: 77
Strong Liberal

7. Current Supreme Court Justices
Stephen Breyer
Appointed: Clinton, 1994
Age: 71
Liberal

8. Current Supreme Court Justices
Samuel Alito
Appointed: Bush, 2006
Age: 60
Conservative

9. Current Supreme Court Justices
Sonia Sotomayor
Appointed: Obama, 2009
Age: 55
Strong Liberal

10. Current Supreme Court Justices
Elena Kagan
Appointed: Obama, 2010
Age: 50
Liberal

11. Process at Supreme Court
Once arguments are over, justices will write opinions on the case, and each justice chooses which opinion to sign his/her name to
Majority Opinion – final decision on the case, signed by at least 5 justices
Becomes precedent for how future similar cases should be decided

12. Trial Process at Supreme Court
Dissenting Opinion – written or signed by any justice who disagrees with the majority
It’s important because it can become the logic for a future group of justices to overturn this decision

13. Trial Process at Supreme Court
Concurring Opinion – written by a justice who votes with the majority, but disagrees with their reasoning as to why
If a justice has a conflict of interest in a case, he/she may recuse himself (stay off of the case)

14. Federalism and Individual Rights
The Bill of Rights only applies to the National Government, not the States. However, States cannot deny basic rights due in part to their own bill of rights in the State Constitutions, and the 14th Amendments Due Process Clause.
14th Amendment
The 14th Amendment’s Due Process Clause provides that “no State shall deprive any person of life, liberty or property, without due process of law…”.

15. 1st Amendment
“Congress can make no law respecting an establishment of religion, or prohibiting the free exercise thereof…”
- 1st Amendment

16. Freedom of Expression
Two guarantees of religious freedom from 1st and 14th Amendments:
Establishment Clause:
Prohibits establishing a state religion.
In effect, freedom from religion
Free Exercise Clause:
Guards against the gov’t interfering in the exercise of any religion.
In effect, freedom for religion.
The 14th Amendment’s Due Process Clause protects these freedoms from the acts of the States.

17. Establishment Clause Separates Church and State
“Thomas Jefferson called the Establishment Clause “a wall of separation between church and state.”
Church and gov’t are constitutionally separated from one another.
However, the gov’t supports churches and religion in a variety of ways, including tax exemptions.

18. Religion and Education
The Supreme Court has had to consider many Establishment Clause cases that involve religion and education.

19. The Free Exchange of Ideas
Freedom of Speech and Freedom of Press guarantees are meant to:
Protect each person’s right of free expression, whether spoken, written, etc.
Protect all persons’ right to express unpopular views.
Freedom of Speech and Press do not protect:
Libel, the false and malicious use of written words
Slander, the false and malicious use spoken words
Obscenity gross or offensive (swearing at children in public)
Seditious speech incites others to commit crimes (inciting violent overthrow of the gov’t)

20. The Constitution’s Guarantees
“…the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” – 1st Amendment
The right to assemble, or gather with one another to express views. Protected by 1st amendment.
The right to bring views to the attention of public officials.
Cannot incite violence, block public streets, get too close to schools, endanger lives

21. C H A P T E R 20 Civil Liberties: Protecting Individual Rights

22. The 5th and 14th Amendments
The 5th Amendment provides that “no person … shall be deprived of life, liberty, or property without due process of law…”.
The 14th Amendment extends it to the States.
Equal Protection under the law:
Americans with Disabilities Act, 1990 – cannot discriminate based on disability (deaf, blind, MHD, etc.)
Civil Rights Act, 1964 – cannot discriminate based on race, religion, sex
Due process means that the government must act fairly and in accord with established rules at all times.

23. Self-Incrimination
The Fifth Amendment - no person can be “compelled in any criminal case to be a witness against himself.” It extends to the States. (Right to remain silent)
A person cannot be forced to confess to a crime under extreme circumstances.
A husband or wife cannot be forced to testify against their spouse, although they can testify voluntarily.
In Miranda v. Arizona, 1966, the Supreme Court set an historic precedent when it would no longer uphold convictions in cases in which the defendant had not been informed of his or her rights before questioning. This requirement is known as the Miranda Rule.

24. Actual miranda warning

25. Security of Home and Person
The 4th Amendment protect the security of home and person.
The 4th Amendment protects against “unreasonable searches and seizures.” It is extended to the States through the 14th Amendment.

26. Aspects of the 4th Amendment

27. Chapter 21 Civil Rights: Equal Justice Under Law

28. Diversity and Discrimination in the American Society

29. Race-Based Discrimination
African Americans
2nd largest minority group in U.S.
Been victims of consistent and deliberate, unjust treatment
Most Constitution guarantees of equality for all people came from and for African Americans
Race-Based Discrimination

30. Discrimination Against Women
Women are not minority in U.S.
Law and public policy have generally not given women equal rights
Eventually gain suffrage
Only 1% of the nations top public offices have been held by women since 1789
Discrimination Against Women

31. Discrimination Against Women (Con’t)
Fewer than 20% of doctors, lawyers, and college professors are women
Women earn on average less than men
Some claim there is a glass ceiling
Discrimination Against Women (Con’t)

32. Equality Before the Law

33. Equal Protection Clause
Everyone is different and democratic ideals demand government treat all people alike
“No state shall… deny to any person within it jurisdiction the equal protection of the laws” 14th Amendment
Reasonable Classification
There must be some discrimination (Classification)
However it cannot be unreasonable
Most acts by government have been found constitutional by Supreme Court
Equal Protection Clause

34. Equal Protection Clause (Con’t)
The Rational Basis Test
It asks: Does the classification in question bear a reasonable relationship to the achievement of some proper governmental purpose?
Must have a “Public Good” goal
Equal Protection Clause (Con’t)

35. Equal Protection Clause (Con’t)
Strict Scrutiny Test
Higher Standard if:
Involves “fundamental rights” such as votes, travel inter-state, and 1st Amendment
“Suspect Classifications” as race, sec, or national origin
Much harder for states to discriminate
Equal Protection Clause (Con’t)

36. Segregation in America
The separation of one group from another
Jim Crow Laws
laws that separate people based on race
In both public and private facilities
Separate-but-equal doctrine
Plessy V. Ferguson
Held that the Equal Protection Clause supported separate facilities as long as the separate facilities were equal
Segregation in America

37. Segregation in America (Con’t)
Brown v. Board of Education
Court held that segregation by race in public education is unconstitutional
Some states tried to block integration
The process of bringing a group into the mainstream of society
Civil Rights Act of 1964
Allowed Justice Department to file suits against desegregation acts
Segregation in America (Con’t)

38. De Jure, De Facto Segregation
Segregation by law or legal sanction
Now abolished
De Facto Segregation
Segregation, not based on law, but normally housing patterns
Busing and redrawing district lines have worked to avoid de facto segregation
Segregation in other fields
In public arenas segregation is illegal as well
De Jure, De Facto Segregation

39. 14th Amendment, according to the Supreme Court, also gives Equal Protection to women
However, women are not drafted
Classification by Sex

40. Federal Civil Rights Laws
Section 3

41. Civil Rights: Reconstruction to Today
1870’s to late 1950’s, Congress did not pass a meaningful civil rights legislation
Changed by pressures in 1957
From Civil Rights movement by people like Martin L. King Jr.
Civil Rights: Reconstruction to Today

42. Civil Rights: Reconstruction to Today (Con’t)
The Civil Rights Act of 1964
Passed after an 83 day debate
Outlaws discrimination in a number of areas
No person may be denied access or refused service in various “public accommodations”
No Discrimination if the program receives public funding, otherwise federal funds will be cut
Employers and Unions cannot discriminate
Against race, color, religion, national origin, sex, or physical disability
Civil Rights: Reconstruction to Today (Con’t)

43. Civil Rights: Reconstruction to Today (Con’t)
Civil Rights Act of 1968
Called open housing act
Can not sell or rent on the grounds as laid out in Civil Rights Act of 1964
Civil Rights: Reconstruction to Today (Con’t)

44. Policy requires that most employers take positive steps to remedy the effects of past discriminations
Private businesses must try to make their work force reflect the makeup of the local population
Reverse Discrimination
Critics say affirmative action is unconstitutional
Discriminate against the majority group
Affirmative Action

45. Affirmative Action (Con’t)
The Bakke Case
Regents of University of California v. Bakke in 1978
16 out of 100 spots reserved for non-whites and Supreme Court found the quotas to be unconstitutional
Though race could be a factor among many other factors
Later Cases
Quotas can be used in extreme situations
Recent court cases have made it harder to prove discrimination
Affirmative Action (Con’t)

46. Affirmative Action (Con’t)
The Adarand Case
Adarand Constructors v. Pena, 1995
Found any preferential treatment based on race unconstitutional
“Whenever the government treats any person unequally because of his or her race, that person has suffered an injury.”
Justice Sandra Day O’ Connor
Affirmative Action (Con’t)

47. Affirmative Action (Con’t)
Affirmative Action on the Ballot
California voters voted to get rid of most affirmative action programs
circuit court agreed and Supreme Court refused to see case
Affirmative Action (Con’t)

48. American Citizenship
Section 4

49. Question of Citizenship
14th Amendment declares that a person can become an American citizen either by birth or by naturalization
Question of Citizenship

50. Citizenship by birth is determined by either Jus Soli or Jus Sanguinis
Jus Soli is anyone born on U.S. soil, or U.S. territory
Jus Sanguinis is anyone who becomes citizen based on law
Parents are U.S. citizens
Citizenship By Birth

51. Citizenship By Naturalization
The legal process by which a person becomes a citizen of another country at sometime after birth
Individual Naturalization
An alien becomes a citizen individually
a citizen or national of a foreign state living in this country
Collective Naturalization
Naturalization en masse
When an entire group has been naturalized
Citizenship By Naturalization

52. Everyone has the voluntarily ability to get rid of his or her citizenship
Expatriation
The legal process by which a loss of citizenship occurs
Denaturalization
When a naturalized citizen loses their citizenship through a court order, because they became a citizen by fraud or deception
Marriage does not help one gain or lose citizenship
Loss of Citizenship

53. A Nation of Immigrants Regulation of Immigration
Courts have ruled the power to control the nation’s border is an inherent power of the United States
U.S. had mostly open borders from independence to 1890’s
New restrictions continually since
A Nation of Immigrants

54. A Nation of Immigrants (Con’t)
Present Immigration Policies
Immigration Act of 1990 governs the admittance of aliens to U.S.
675,000 allowed each year
Deportation
A legal process in which aliens are legally required to leave the U.S.
Illegally achieved evidence could be used because it is a civil law
A Nation of Immigrants (Con’t)

55. Undocumented Aliens A Troublesome Situation Current Law
Nearly Million illegal aliens reside in the U.S.
Current Law
A crime to hire illegal aliens
Undocumented aliens given one year of amnesty to become a citizen
Undocumented Aliens