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Civil Rights

Civil Rights. “If not us, then who? If not now, then when ?” --John e. Lewis. Struggle for Equal Rights. For Women: Seneca Falls Convention 1848 19 th Amendment, 1920 Equal Pay Act 1993 Title IX Reed v Reed 1971 Roe v Wade 1973. For Blacks Dred Scott, 1857

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Civil Rights

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  1. Civil Rights “If not us, then who?If not now, then when?” --John e. Lewis

  2. Struggle for Equal Rights • For Women: • Seneca Falls Convention 1848 • 19th Amendment, 1920 • Equal Pay Act 1993 • Title IX • Reed v Reed 1971 • Roe v Wade 1973 • For Blacks • Dred Scott, 1857 • Civil War, Amendments 13, 14, 15 • Jim Crow and Plessy v. Ferguson • Brown v Board 1954, 1955 • Achievement Gap

  3. Struggle for Equal Rights • For Hispanics • Bilingualism (Lau v Nichols, 1974) • Immigration • Electoral Politics • For Asians • Immigration Restrictions • “Reverse discrimination” in college admissions

  4. Barriers to Voting 15th Amendment banned voting discrimination on the basis of race southern states responded with Jim Crow lawsfederal government stepped in with remedies. White Primariesunconstitutional Poll Taxbanned by 24th amendment Literacy testbanned VRA 1965 Grandfather clauseunconstitutional

  5. Discrimination and the Federal Response:5th and 14th prohibit government from discriminating private individuals or businesses? 1. 13th Amendment Commerce Clause 2. Federal Legislation 3. Civil Rights Act 4. Age Discrimination in Employment Act 5. Americans with Disabilities Act

  6. Life, Liberty, Property and Due Process of Law • Property rights have been associated with liberty and freedom. • Kelo v. New London, new turn in Supreme Court Law • Some limits MAY be imposed on property rights.

  7. More Due Process • Procedural: “how” a law is applied • When government denies life, liberty or property it must use fair procedures: • Observe the bill of rights • Provide reasonable notice • Provide chance to be heard Examples of violations • Illegal searches • Unfair court procedures

  8. ……more Due Process Substantive: “what” the government may/may not do • It is not enough that they use “fair” procedures in denying life, liberty or property; the laws themselves that in enable the government to do so must be “fair”. • Examples of violations of substantive due process:a. Ban on all abortions within a stateb. County ordinance banning all firearms Example of distinction: a law that prohibits possession of narcotics(substantive) and police must generally obtain a warrant before conducting a search for narcotics in one’s home(procedural).

  9. Arrests, Questioning and Imprisonment Arrests (“seizures”) May be conducted Exclusionary Rule Illegally-obtained evidence may not be used in court. (Mapp v. Ohio) Not used if: There would be “inevitable discovery” Police operate on “good faith” assumption that a warrant was valid. • 1. With a warrant issued upon “probable cause.” (Amendment 4) • Without a warrant in emergencies, in case of “hot pursuit” or when probable cause exists.

  10. Searches may be conducted without a warrant: • If probable cause exists with automobile (automobile exception) • Terry exception: if police have reason to believe suspect is armed and dangerous. • When police make a lawful arrest • If suspect gives consent • At border crossings • If evidence is in plain view • Exigent circumstances, e.g. to protect lives and property • Schools can impose random drug tests on students in extracurricular activities (Board v. Pottawatomie v Earls, 2002)

  11. Protection against self incrimination • Provided by 5th Amendment • Associated with concept you are innocent until proven guilty • Protects against testifying against themselves • Can only be invoked if a crime involved cant be used to protect against embarrassment. • Cannot be invoked when prosecutors grant immunity • Police Questioning a. forced questioning prohibited b. Miranda warnings to silence and counsel (Miranda v. Arizona, 1966) Habeas corpus A court order that requires the authorities to bring an accused person to court to determine if he is being held legally. Therefore it prevents arbitrary and unfair imprisonment.

  12. Rights of the Accused • Counsel • Excessive bail and fines • Speedy and Public Trial • Grand jury indictment • Trial by Jury • Witnesses • Cruel and unusual punishment • Double jeopardy

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