All men are created equal!!! They are endowed by their creator with certain unalienable rights!!!!

1. Individual Rights are older than the Constitution! In the Declaration of Independence Jefferson stated: All men are created equal!!! They are endowed by their creator with certain unalienable rights!!!! Life Liberty The Pursuit of Happiness RIGHTS OF CITIZENS

2. RIGHTS OF CITIZENS A Commitment to Freedom and Limited Government • The listing of the unalienable or general rights of people can be found in the first ten amendments of the Constitution or Bill of Rights. • The 14th amendment added to the Constitution’s guarantees of personal freedom. “All persons born in the U.S. are citizens of this country and the state they reside in. No state shall make or enforce any law which deprives any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction to the equal protection of the laws.” The Congress shall have power to enforce by appropriate legislation, the provisions of this article.

3. RIGHTS OF CITIZENS Civil Rights • Positive acts of government that seek to make constitutional guarantees a reality for all people…. • No discrimination on basis of race, sex, religious belief, etc. • Voting Amendments • Civil Rights Acts

4. qual to vote VOTING AMENDMENTS 1. Cannot be deprived from voting based on race, color or previous condition of servitude. (15th Amendment, 1870) 2. (17th Amendment, 1913),direct election of US Senators 3. No person can be deprived from voting based on their sex. (19th Amendment, 1920) 4. Citizens are not required to pay a poll tax to vote (24th Amendment, 1964) 5. 18 years of age were given the right to vote. (26th Amendment, 1971)

5. civil rights African-American Civil Rights Law Civil RightsAct of 1964 Abolished the use of voter registration or a literacy requirement to discriminate against any voter. 24thAmendment(1964) Banned the poll tax. Voting Rights Act of 1965 Banned literacy tests in counties where over half of eligible voters had been disenfranchised. CIVIL RIGHTS MOVEMENT • President Johnson meeting MLK discussing Civil Rights. • President Johnson’s support of Civil Rights was continuation of President Kennedy’s stand on Civil Rights.

6. RIGHTS OF CITIZENS Civil Liberties • Personal rights/freedoms government cannot interfere with either by law, the Constitution or judicial procedure. • Free speech, religion & press. • Fair trial • Bill of Rights

7. THE BILL OF RIGHTS Your Civil Liberties • Freedom of Religion • Freedom of Speech • Freedom of the Press • Right of Assembly • Right of Petition • Right of a Speedy and Public Trial by a Jury • No Unlawful Search or Seizures The Bill of Rights – Amendments 1 to 10!

8. THE BILL OF RIGHTS 1st Amendment No Establishment of Religion Free Exercise of Religion Freedom of Speech Freedom of Press Freedom of Assembly & Petition 2nd Amendment The Right to Bear Arms 3rd Amendment No Quartering of Troops 4th Amendment No unreasonable Searches and Seizures 5th Amendment Guarantee of Grand Jury No Double Jeopardy No Self-Incrimination Guarantee of Due Process No Taking of Property Without Just Compensation 6th Amendment Right to Speedy, Public Trial Right to Trial by Jury Right to Be Informed of Charge Right Confront Witnesses Right to Obtain Witnesses Right to Counsel 7th Amendment Trial by Jury in Civil Cases over $20.00 8th Amendment No Excessive Bail or Fines No Cruel or Unusual Punishment 9th Amendment Unenumerated Rights Not Denied to the People 10th Amendment Undelegated Powers Reserved for the States

9. RIGHTS COMPETE • Free Choice • Free Speech • Freedom of Press • Freedom of Religion • Adult entertainment • Right to privacy

10. INDIVIDUAL RIGHTS Rights often Compete and Conflict with one another! • Too much press coverage can prevent a fair and impartial trial or even selection of an impartial jury! • Conflict: • Right to freedom of press and reporting the newsvsthe right of the accused to a fair trial.

11. RIGHTS COMPETE • One part of the community wants to see or read whatever it wishes and another part wants to protect private acts from public degradation (demean, degrade or lessen). • Conflict: • First group cherishes liberty above all vs 2nd group values decency above liberty.

12. RIGHTS COMPETE • During World War II 120,000 Japanese-Americans were placed in “war relocation camps” by the US government. VS • The right of US Govt. to protect US National Security and American Citizens. • The US Supreme Court upheld this action! Koretmatsu v. USA 1944 Who was right in 1944? Who is right today?

13. RIGHTS COMPETE • Police officer (govt. employee) stops a vehicle and asks driver to get out of the car and begins to search individual • Conflict: • Right of the driver against unlawful search and seizure vs right of police to protect the safety of citizens and his life.

14. landmark RIGHTS COMPETE landmark When rights compete the Supreme Court acts as the umpire and determines what the Bill of Rights mean. • Rules on their meaning through court decisions. • Why? Tries to balance individual rights with the needs of society Society?? Individual??

15. BALANCING RIGHTS OBLIGATION OF GOVERNMENT TO PROTECT NATIONAL SECURITY OR THE SAFETY OF ITS CITIZENS INDIVIDUAL FREEDOMS OR RIGHTS VS DURING PEACE, INDIVIDUAL FREEDOMS ALWAYS LEANS TOWARDS THE CITIZENS… DURING WAR, LEANS TOWARDS THE NATIONAL GOVERNMENT RESTRICTING SOME INDIVIDUAL FREEDOMS speech conflicts

16. Who has Guaranteed Rights? Most Constitutional Rights are extended to all Citizens and Aliens! Limits include: Those in jail Those on bail Those committed to mental institutions LIMITED GOVERNMENT

17. rights taken away CIVIL RIGHTS TAKEN AWAY • 1798: Alien and Sedition Act • 1861: Lincoln suspended the Constitution • 1867 to 1877: Reconstruction of the South • 1917: Espionage and Sedition Act • 1919 to 1921: Red Scare • 1942 to 1945: Japanese Internment • 1953: Red Scare • 1945 to 1980’s: Cold War laws • McCarran Act • Communist Control Act • 2001-2006: Patriot Act • 2001 to 2007:(FISA)Foreign Intelligence Surveillance Act

18. lst 14th FIRST AMENDMENT Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the pressor the right of the people to peaceably assemble and to petition the government for a redress of grievances. • Freedoms • religion • speech • press • assembly • petition

19. lst 14th FIRST AMENDMENT Congress shall make no law • respecting an establishment of religion, or prohibiting the free exercise thereof, • TWO CLAUSES • Establishment clause • Free Exercise clause

20. Government CANNOT establish a national religion or promote one religion over another and must stay neutral in regards to religion ESTABLISHMENT CLAUSE Separation of church & state or Wall of separation

21. establishment Separation of Church and State • CHURCH • Any type of religious group in this country • WORSHIP FREELY • As long as it does not violate any law. • STATE • National, state and local government. • No national religion can be established • “No governmental involvement or entanglement with religion” • Government promotes religion but does support one type of religion ___ __ _________

22. Government CANNOT stop you from worshipping as you please FREE EXERCISE

23. FIRST AMENDMENT Establishment clause and free exercise clause often conflict with each other • Religion issue most prevalent in schools • Evolution vs creation • Bible Study, Bible classes and prayer • Pledge of allegiance: “under God” • Ten Commandments in public facilities

24. wall Church and State Establishment clause-GovernmentCanCannot • Teach about religions in school • Allow voluntary prayer in many examples • Transport students to a religious school • Read Bible for culture or literacy content • Set a state religion • Government cannot order a prayer • Teach religious doctrine in the school • Pay seminary teachers • Teach creationism

25. wall Church and State Free Exercise—The personCanCannot • Choose whatever religion • Lead a prayer in most examples • Ask questions about religions • Worship who or whatever you want (as long as it doesn’t violate the law) • Break the law and claim it is religious belief • Raise children without education • Deprive children of basic needs

26. wall Church and State • CONTRADICTIONS • Coins---in God we trust • Congress opens with a prayer but no prayer in schools • President sworn in with hand of the Bible • Pledge of Allegiance “under God” • Armed forces have a chaplain but schools cannot.

27. SCOPES MONKEY TRIAL 1925 The first conflict between religion vs. science being taught in school was in 1925 in Dayton, Tennessee.

28. SCOPES MONKEY TRIAL

29. SCOPES MONKEY TRIAL

30. religious ? FIRST AMENDMENT VS RELIGION • Does the “under God” in the Pledge of Allegiance violate theEstablishment ClauseandSeparation of Church and State? • Can creationism be taught equally with evolution in public schools? Why or why not? • 3. Can public schools, local government buildings and public parks sponsor religious celebrations of the Christmas season with decorations?

31. religious ? FIRST AMENDMENT VS RELIGION • 4. Why can Congress open each session with prayer, the military service have chaplains but schools not allowed to pray? • 5. Is the reading of the Bible and school prayer a violation of the“establishment clause”in the First Amendment?

32. religious ? FIRST AMENDMENT VS RELIGION • 6. Can the U.S., state and local governments provide aid to religious(parochial)schools as well as provide busing? • 7. In time of war, can a person use“religious convictions”as a way to avoid the draft and fighting in a war?

33. Religious ? FIRST AMENDMENT VS RELIGION 8. Can school policy force you to salute the flag if you believe saluting a flag violates the your religious beliefs? 9. If your religion teaches that it is ok to have more than one wife, would this be allowed under the Free Exercise Clause?

34. FIRST AMENDMENT VS RELIGION • Michael Newdow, an atheist and believed the “under God” was a violation of the “establishment” clause and didn’t want his daughter to recite the pledge in school • Filed a lawsuit: Michael Newdow vs. United States Congress, California, two school districts and its officials in Elk Grove, California. Michael Newdow • 9th Circuit Court of Appeals decision: "The Pledge, is an impermissible government endorsement of religion because it sends a message to unbelievers 'that they are outsiders, not full members of the political community…. Therefore, the “under God” is unconstitutional. • June 14, 2004, US Supreme Court reversed the decision of the 9th Circuit Court of Appeals.

35. Epperson v. Arkansas 1968(bans on theteaching of evolution)Edwards v. Aguillard 1987(requirements on teaching creation) • Laws banning the teaching of Evolution or requiring the teaching of creation have been declared unconstitutional under the “Establishment Clause”. “Eve, what’s legal?” “Honey, I’m not sure but have some apple. You’ll feel better!”

36. Seasonal Displays • Can a public body like a school or community put up a Nativity scene? • Lynch v. Donnelly 1984 – legal if it includes secular images like Santa! • County of Allegheny v. ACLU, 1989 -- seasonal display in a county courthouse that only consisted of a large display celebrating the birth of Jesus declared unconstitutional Now it’s legal!!!! Ho Ho Ho!

37. Chaplains in Congress • If students can’t be led in prayers in public school, can state legislatures and the Congress begin sessions with a prayer? • The Supreme Court ruled that it is legal because its been done since the beginning of the Republic and Legislators are not susceptible to religious indoctrination or peer pressure! • Marsh vs. Chambers -- upheld the practice of opening congressional sessions and State legislative sessions with prayer

38. Prayers and the Bible in Public School Six major cases: • Engel v. Vitale 1962: involved school prayer • Abington School District v. Schempp 1963: involved Bible reading in school • Murray v. Curlett 1963 • Stone v. Graham 1980 • Wallace v. Jaffree 1985 • Lee v. Weisman 1992

39. Prayers and the Bible in Public School The Supreme Court has ruled that concerning: • Schools cannot sponsor religious exercises. • Individuals may pray in school or any place they choose. • Students may study the Bible in literature and history classes. Though illegal both organized prayer and Bible readings are found in many Public Schools usually in the southern states.

40. Student Religious Groups • Equal Access Act of 1984, can students hold Bible study classes in a public school? • Any public school receiving federal funds must allow student religious groups to meet in the school on the same terms that it sets for other student organizations.

41. Westside Community Schools v. Mergens 1990 • School officials denied a request by a Christian Student group to meet in the school for Bible readings and discussion because of the “Establishment Clause”. • The Supreme Court ruled Westside Schools violated the student’s rights since other groups were allowed to use the school for similar meetings! Bible Reading in A-1 at 7:00 AM

42. State Aid to Parochial Schools Text Books, Standardized Statewide Test, Laboratory Equipment, Busing, Vouchers, Special Education?

43. Lemon v. Kurtzman 1971 • Can a state pay a parochial school’s costs for text books and teachers in nonreligious courses? • The court ruled this payment was a direct benefit to the school and therefore illegal! No money for math! St. Paul’s is #1!

44. The Lemon Test for state aid to parochial schools! • The purpose of the aid must be purely secular, not religious. • The primary effect must neither advance nor inhibit religion. • The aid must avoid an “excessive entanglement” of government with religion.

45. What kinds of state aid to parochial schools is legal? • Buying State required Textbooks? • Yes • Paying for standardized tests? • Yes • Paying for field trips? • No • Paying part of a parochial teacher’s salary? • No ?

46. What kinds of state aid to parochial school Parents is legal? • Can a state repay parents in cash the cost of parochial school tuition? • No, it benefits the school! • Can a state give income tax deductions to parochial school parents for the cost of tuition, books, and transportation to a parochial school? • Yes, it benefits the parent and is available to any parent!

47. Everson v Board of Education 1947 • Can parochial school children ride to school on a school bus paid for by state or local taxes? • Yes because the benefit is to the child and not to the school!

48. Roy Moore, Alabama Supreme Court Chief Justice refused to have the 10 Commandments removed from the state building when ordered by US District Court. • Violated the principle of separation of church and state. • Moore was suspended from his position as a justice. • US Supreme Court refused to hear his appeal • Nov. 14, 2004, Ten Commandment’s mouument was removed from the statehouse. • Moore is appealing his suspension. Roy Moore

49. CONSCIENTIOUS OBJECTOR A conscientious objector (CO) is an individual following the religious, moral or ethical dictates of his or her conscience that are incompatible with being a combatant in military service, or being part of the armed forces as a combatant organization. Some conscientious objectors may consider themselves either a pacifist or antimilitarist.

50. CONSCIENTIOUS OBJECTOR U.S. Supreme Court. CLAY, aka ALI v. UNITED STATES. Washington, D.C., 1971. On April 28, 1967, Ali, when drafted in the U.S. Army during the war in Vietnam, he refused to go. For Ali, his opposition stemmed from more than just his belief that the war was immoral. He believed that since blacks did not experience equality at home, for them to serve in the war was a perversion of justice. "No, I am not going 10,000 miles to help murder kill and burn other people to simply help continue the domination of white slavemasters over dark people the world over. This is the day and age when such evil injustice must come to an end. I Ain't Got No Quarrel With The Viet Cong. No Viet Cong Ever Called Me Ni----" Muhammad Ali, 1966