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Published byAda Floyd Modified over 9 years ago
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Constitutional Rights
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Life, Liberty, & Property Protect personal freedoms Founding Fathers installed civil liberties into the Constitution – Feared tyranny – Designed to disable government from infringing on the people “Natural rights”
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Bill of Rights 1 – Freedom of religion, speech, press, petition, & assemble – Establishment Clause – prohibits government from forming state religion Prayer in schools okay, but cannot be led by the school/admin. Ten Commandments not okay Evolution okay Religious speech on campus okay – Free Exercise Clause – no restriction on religious beliefs & practices unless they counter with public welfare or policy – Different types of speech can be limited – slander, fighting words, etc. – FCC regulates the media; libel; gag order – Need permits to assemble 2 – bear arms 3 – against quartering soldiers 4 – against unreasonable search & seizure 5 – grand jury; self-incrimination; double jeopardy; & due process – In essence, no punishment without trial 6 – Fair criminal trial 7 – Civil trials by jury 8 – Cruel & unusual punishment – Death penalty? – Signs on kids? 9 – Rights retained by the people 10 – Reserved powers of the states
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Additional Amendments 13 th Amendment – prohibited slavery 14 th Amendment – States could not deny: Citizenship rights Due process rights Equal Protection – Inherent right to privacy [Roe v. Wade] – Equal Protection Clause – “equal protection of the laws” Brown v. Board [segregation] Roe v. Wade [reproductive rights] Bush v. Gore [election recounts] Reed v. Reed [gender discrimination] University of California v. Bakke [racial quotas in education] 15 th Amendment – voting rights for all races & colors 19 th Amendment – Women gain right to vote 24 th Amendment – outlawed poll taxes, increasing ability of minorities to vote
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Supreme Court Cases Gitlow v. New York, 1925 – Guarantees freedom of speech Brown v. Board of Education, 1954 – Separate but equal inherently unequal – Sparked movement to end segregation in schools & in society Mapp v. Ohio, 1961 – Created exclusionary rule – no illegally seized evidence can be used at trial – Fair trial Gideon v. Wainwright, 1963 – Public defender required for all felony cases – Fair trial Miranda v. Arizona, 1966 – Must be “read your rights” by police – Protect against self-incrimination
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Protection of Civil Rights- Exceptions Sedition Act, 1798 – no publication of false, scandalous, or malicious info about the government Espionage & Sedition Acts, 1917 – no false statements about military, no mail for subversive activities, no statements resisting war effort HUAC Trials of 1950s – accusations ruined reputations & lives of those proclaimed “communists” Suspension of Habeas Corpus, 1861 – meant to rein in Confederate sympathizers in Union states, allowing prisoners to be held without trial Japanese Internment, 1942-45 – imprisoned over 112,00 immigrants and Americans of Japanese heritage during WWII – Korematsu v. United States – Supreme Court ruled the action was justified in time of war
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Additional Policies Civil Rights Act, 1964 – no racial discrimination in public places, employment; no funding for discriminatory institutions; est. EEOC Voting Rights Act, 1965 – no discriminatory voter tests; federal gents can register voters & oversee elections Equal Rights Amendment – proposed every year; initiated 1923; passed Congress 1972 but never ratified [insufficient # states] Equal Pay Act, 1963 – required equal pay for substantially equal work Affirmative action, 1965 – compensatory treatment to traditionally disadvantaged groups to overcome present effects of past discrimination – Equality of opportunity or outcome? Age Discrimination in Employment Act, 1967 – designed to protect workers over 40 from discrimination in pay, treatment, and hiring/firing decisions Americans With Disabilities Act, 1990 – no discrimination in employment, public service, transportation, and telecommunications
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