Civil Liberties

1. Civil Liberties “Your rights as Americans” Protections that the constitution provides against the abuse of government power.

2. Where are civil liberties found? Declaration of Independence Constitution Amendments (Bill of Rights/ 14th Amendment) Judicial Review Legislative Action

3. Constitutional Protections: Article 1, Section 9 Writ of Habeas Corpus “Produce the body” Requires government officials to present a prisoner in court and to explain to the judge why the person is being held Ex Post Facto “After the fact” Being charged for committing a crime, that wasn’t a crime when the person committed the action Bills of Attainder Legislative act that punishes an individual without judicial trial Court should decide guilt, not Congress

4. Bill of Rights • Free speech, press, assembly, petition, religion • Right to bear arms • Prohibits quartering soldiers • Restricts illegal search and seizures • Provides grand juries, restricts eminent domain, prohibits forced self-incrimination, double jeopardy, “due process” clause • Speedy and public trial, impartial jury, counsel, confronted by witnesses • Trial by jury in civil cases ($20) • Prevent excessive bail and cruel and unusual punishment • Amendments 1-8 do not necessarily include all possible rights of the people • Reserves for the states any powers not delegated to Fed. Gov by Constitution

5. 14th Amendment Privileges and immunities– Constitution protects all citizens Due process – prohibits abuse of life, liberty, or property of any citizen, state rights were subordinate to Fed rights Equal protection clause – Constitution applies to all citizens equally

6. Judicial Review Marbury v. Madison The power of the Supreme Court to judge the constitutionality of a law

7. Legislative Action Sometimes laws can guarantee rights Ex. Civil Rights Act of 1964

8. Religion “Establishment” clause – prohibits the gov’t from establishing an official church “Free exercise” clause – allows people to worship as they please

9. Free Speech • DOES NOT mean that you can “say anything you want”… but pretty close Restrictions • Threat to national security • Libel – false written statement attacking someone’s character, with intent to harm • Obscenity – not protected, hard to define – Ex. Pornographic material • Symbolic speech – action to convey a message

10. Right to Privacy Not in the Constitution Griswold v. Connecticut (1965) Roe v. Wade (1971) Yahoo and Google – search and e-mails?

11. Due Process 5th and 14th Amendment Forbids national AND state gov to “deny any person life, liberty, or property without due process of law.” Procedural – fair trial Substantive – fundamental fairness

12. Search and Seizure 4th Amendment Freedom from “unreasonable search and seizure” Prevent police abuse Ex. Mapp v. Ohio

13. Self-incrimination 5th Amendment No one “shall be compelled to be a witness against himself.” Miranda v. Arizona 1966

14. Right v. Right Most cases are not simple They often pit two rights against each other Ex. – freedom of press v. national security

15. Civil Rights “Equal Protection” The rights of people to be treated without unreasonable or constitutional differences.

16. 14th Amendment (1868) Forbids any state to “deny to any person within its jurisdiction the equal protection of the laws.” Sex, race, ethnicity, age, disability, sexual preference

17. Civil Rights History African Americans • Jim Crow Laws – segregated community • de jure (by law) and de facto (by reality) • Plessy v. Ferguson – separate but equal • NAACP – 20th century push for rights • Brown v. Board of Education – “separate but equal” unconstitutional • Civil Rights Act of 1964, 24th Amendment (poll tax), Voting Rights Act 1965

18. Civil Rights Act of 1964 • Voting • Public accommodations • Barred discrimination • Schools • Gov can force desegregation though litigation • Employment • Federal Funds

19. Civil Rights History Native Americans • 2 million people live on “reservations” • Push for more sovereignty on their land • Ex. – gambling operation rights • Art. 1, Sec. 8 – commerce clause give Congress right to regulate Indian tribes

20. Civil Rights History Latino/Latina Rights • 37 million in US (about 10 million in 1980) • Mexican – 15million-rights issues include Bilingual education programs, immigration • Puerto Rican – 2.7 million-PR is a commonwealth of US, citizens can move freely back and forth, not represented in Congress, don’t have to pay federal tax

21. Civil Rights History Cubans – 1960s, many fled communist takeover by Castro, “wet foot, dry foot” policy Central and South American – political trouble is driving people to US, face similar bilingual and immigration issues

22. Civil Rights History Asian American • 8 million in US, 40% of immigrants • Chinese Exclusion Act 1882 – lasted through WWII • WWII – Japanese racism – internment • Korematsu v. US (1944) • 1980s reparations for internment

23. Women and Equal Rights • Seneca Falls Convention – 1848 – beginning of women’s suffrage movement • Muller v. Oregon (1908) – 10 hour work day limit for women • 19th Amendment – 1920 – Women vote • 1970s – “reasonableness standard” – all legal circumstance must be treated equal • Ex. Cannot set different age limits for driving, but can set laws on rape that punish man only

24. Women and Equal Rights • Equal Rights Amendment (ERA) 1972 • “Equality of rights under the law shall not be denied or abridged by the US or any State on account of sex.” – did not pass because… • Rostker v. Goldberg (1981) – Court upheld the requirement men to register but not women for draft, ended ERA push • Roe v. Wade (1973) – women’s freedom to choose abortion

25. Women and Equal Rights Civil Rights Act (1964) Title VII – prohibits gender discrimination in employment, extended to sexual harassment Comparable worth – “equal pay for equal work” Title IX – provide equal funding for all programs that receive federal funding

26. Rights for Older Americans Age discrimination illegal Age Discrimination in Employment Act raised the general compulsory retirement age to 70 AARP – interest group – large influence

27. Rights for Disabled Americans 17% of Americans have a disability Rehabilitation Act of 1973 - illegal to discriminate based on disability Education for All Handicapped Children Act of 1975 – gave all handicapped children free education Americans with Disabilities Act of 1990 – protect disabled rights – SC has somewhat limited this act

28. Homosexual Rights 1993 – “Don’t Ask, Don’t Tell” – gay rights to be in the military Bowers v. Hardwick (1986) – law forbidding homosexuality was constitutional Lawrence v. Texas (2003) – law against homosexual action violated due process of 14th Amendment – “life, liberty, and property”

29. Reverse Discrimination Equality of opportunity vs. equality of results – Do civil rights require the absence of discrimination OR require racial balance? University of California v. Bakke 1978 – strict quotas unconstitutional, race can be a criteria for admission to a public institution Richmond v. Croson 1989 – city of Richmond could not guarantee that 30% of companies that received subcontracts were owned by minorities

30. Civil Rights summary Constant pursuit of equality Civil Rights for minority groups will constantly be changing EVERYONE will be a part of some minority group during their lifetime