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Civil Rights & Liberties

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Presentation on theme: "Civil Rights & Liberties"— Presentation transcript:

1 Civil Rights & Liberties
AP Government Stater Chapters 4 & 5

2 While civil liberties are almost always about protecting the individual from government, civil rights are about protecting a group of people, often from the majority. What’s the difference?

3 What’s the difference? Civil Liberties: Civil Rights:
Protects from government Protecting the individual from gov. abuse What the gov. CANNOT do: “Congress shall make no law abridging…” Due Process Clause Protections the Constitution provides against the abuse of government powers, for example, censoring your speech Protections by government from discrimination Protecting the minority from majority abuse What gov. SHOULD do: ex. “Civil Rights Act of 1964” Equal Protection Clause Protects certain groups such as women, LGBTQ, and African Americans against discrimination What’s the difference?

4 The Fourteenth Amendment (Section 1)
“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.” The Fourteenth Amendment (Section 1)

5 The Due Process Clause “…Nor shall any state deprive any person of life, liberty, or property, without due process of law.” Often used by the courts to apply the civil liberties found in the Bill of Rights to the state governments

6 Incorporation Doctrine (a.k.a. selective incorporation)
Bill of Rights language: Congress shall make no law… (federal gov’t, not the states) Incorporation doctrine: Legal concept – SCOTUS has nationalized most of the Bill of Rights over the years (made most provisions applicable to the states, but not at once) “Due Process Clause” of the 14th Amendment is the legal basis of this Started with Gitlow v. New York (1925) Incorporation Doctrine (a.k.a. selective incorporation)

7 The Equal Protection Clause
“No state shall… deny to any person within its jurisdiction the equal protection of the laws.” Often used to challenge state laws in court if the law potentially violates a citizen’s civil rights

8 “All men are created equal”
DOES mean: Does NOT mean: “All men are created equal” Everybody has “unalienable rights” Equality of opportunity (same chance to succeed) - Everyone is exactly the same/alike - There are no differences amongst people - We are all entitled to equal results or equal rewards

9 Overview: Civil Liberties

10 Which amendment? What are the two distinct clauses? Religion

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12 Expression (The collective rights of the 1st Amendment)
Which amendment? The Press: Prior restraint: government censorship (usually not allowed) Libel – written defamation Slander – spoken defamation Obscenity: difficult to define Expression (The collective rights of the 1st Amendment)

13 Expression Individual speech in public:
Need for public order (can’t yell “fire” in a crowded room if no fire) Gov’t can only censor content if there is a “clear and present danger” Symbolic speech okay – flag burning, Tinker armbands Commercial speech & broadcasting More restricted Regulated by FTC and FCC Expression

14 Assembly Assemble Associate Right to literally gather together
“Time, place, and manner” restrictions Permits may be required Right to group yourself with those with a common interest Often for political change Assembly

15 Right to Bear Arms Which amendment? Limitations?
Does it apply to states? (McDonald v. Chicago) Right to Bear Arms

16 As with free speech, the courts must continually interpret the vague language of the Constitution in order to apply it to today’s issues and events: What is “self-incrimination”? What is a “fair trial”? What is “unreasonable search and seizure”? What is “right to counsel”? What is considered “cruel and unusual punishment”? Defendants’ Rights

17 Defendants’ Rights Which amendments? 4th – Search & Seizure
4, 5, 6, 7, and 8 4th – Search & Seizure Probable cause, search warrant, & other conditions police must meet 5th – forbids forced self-incrimination Miranda rights: police must read these to suspects Also forbids double jeopardy and guarantees right to due process Defendants’ Rights

18 6th – right to counsel; right to speedy and public trial
7th – right to jury trial in civil cases 8th – prevents cruel and unusual punishments; death penalty? Patriot Act Passed after 9/11 Expanded power of federal gov’t (esp. NSA) to conduct wiretapping & surveillance of suspected terrorists USA Freedom Act renewed many provisions of the Patriot Act, but phased out the provision allowing mass collection of internet data/phone records Defendants’ Rights

19 But which amendments imply that this liberty even exists?
Not explicitly stated in any, but implied, according to the Supreme Court Due process clause of 14th Amendment extends this liberty to the states But which amendments imply that this liberty even exists? 9th, 4th, 1st, 3rd Right to Privacy

20 Overview: Civil Rights

21 Equality What does it mean to be equal?
Equal results vs. equality of opportunity 14th Amendment – Equal Protection Clause When is it fair to classify people? Equality

22 Equality S.C. – 3 levels of scrutiny for classifications
1. Strict scrutiny Any time the law classifies people by race & ethnicity, it is inherently suspect 2. Intermediate scrutiny Gender (classifications may be reasonable but should still be closely examined) 3. Rational basis Case by case Age, income level, etc. Equality

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24 African American Civil Rights
Struggle against slavery – 13th Amendment ended it in 1865 Reconstruction: racial segregation, Jim Crow Laws Fight for equal education: Plessy v. Ferguson – “separate but equal” segregation okay Brown v. Board of Education – overturned Plessy School segregation violates 14th Amendment African American Civil Rights

25 African American Civil Rights: Policy
Civil Rights Act of 1964 Forbid racial discrimination in public places and employment EEOC – Equal Employment Opportunity Commission would help enforce Dept. of Justice has authority to desegregate schools/public facilities Voting Rights Act of 1965 Abolished literacy requirements Prohibited governments from using procedures that denied right to vote based on race Helped enforce the 15th Amendment African American Civil Rights: Policy

26 A policy meant to bring about increased employment/promotion/admission for groups that have been discriminated against S.C. has had mixed decisions on the constitutionality of this Generally, racial quotas are not okay Is this necessary to promote diversity and remedy previous discrimination, or can it be considered reverse discrimination? Affirmative Action

27 Other racial/ethnic groups with a history of discrimination
Native Americans Reservations Citizenship & right to vote granted 50 years after African Americans Hispanic Americans Largest minority group; history of segregation Have drawn from many tactics of African American civil rights movement; MALDEF Asian Americans Fastest-growing minority group Internment camps – WWII (Korematsu v. US) Muslim Americans Impact of terrorism Hate crimes Other racial/ethnic groups with a history of discrimination

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29 Women’s Rights 19th Amendment – right to vote, 1920
Societal expectations of traditional gender roles History of wage & hiring/promotion discrimination Education: Title IX legislation forbids gender discrimination in any programs receiving federal funds, including athletics Military: 2013, combat ban lifted Sexual harassment in the workplace Women’s Rights

30 What other groups are discriminated against?
The elderly: especially in education and employment People with disabilities: Americans with Disabilities Act of 1990 (ADA) Requires employers and public facilities to make reasonable accommodations and prohibit employment discrimination LGBTQ community: Affected by homophobic attitudes, hate crimes, discrimination Marriage – SC case Obergefell v. Hodges (2015)


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