Civil Rights & Civil Responsibilities

1. Chapter 18 Civil Rights & Civil Responsibilities

2. Where do people get the idea that they should have liberty?

3. Genesis • Romans 8:21 • Galatians 5:1, 13 • Psalm 119:45 • Jeremiah 34:15

4. God is the ultimate source of liberty.

6. Civil Rights vs. Civil Liberties • Civil liberties - natural rights, individual rights, granted by God, inherent in humanity • Civil rights – rights and privileges granted and protected by government

7. Civil Rights vs. Civil Liberties • Civil rightsinvolves the rights guaranteed to U.S. citizens and residents by legislation and by the Constitution and has traditionally revolved around the basic right to be free from unequal treatment based on certain protected characteristics (race, gender, disability, etc.) in settings such as employment and housing.

8. Civil Rights vs. Civil Liberties • Civil liberties concern basic rights and freedoms that are guaranteed -- either explicitly identified in the Bill of Rights and the Constitution, or interpreted through the years by courts and lawmakers, recognized as inherent in every person.

9. Civil Rights vs. Civil Liberties • The government protects citizens’ civil rights from other people treating them unequally. • The Constitution protects citizens’ individual freedoms from government.

10. Civil Liberties Freedom of Religion Freedom of Speech Freedom of the Press Freedom of Assembly Freedom to Petition Freedom of Association Freedom to be secure in your person, place, effects?

11. Freedom of Religion • What is freedom of religion? • Where is this freedom guaranteed? • “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.”

12. Establishment Clause • “Congress shall make no law respecting an establishment of religion…” • What does this mean?

13. Establishment Clause • States vs. Federal Government • Need for morality • Fed government established the position of chaplain in the Army and in the Congress. • Fed government established tax exemptions for religious organization. • Fed government cannot establish a church or tie itself to a particular church.

14. Eventually states dismantled their state churches. • Bible reading was acceptable in schools • Released-time programs for bible courses were acceptable • State funded busses to transport students to Catholic after-school religious education programs.

15. Complications • Early America: Puritans, Methodists, Anglicans, Presbyterians, Lutherans, Quakers, Catholics • Modern America: Various Christian denominations, Buddhists, Muslims, Mormons (LDS), Atheists, Hindus, etc.

16. 1960s and forward • The 1960s brought dramatic changes to the understanding of the relationship between the State (government) and churches (religious institutions). • Supreme Court recognized a complete “wall of separation” between church and state.

17. Engel v. Vitale (1962) forbade teacher-led prayers in public schools. • Bible reading was also declared unconstitutional. • Student-led prayer at school events was ruled unconstitutional in 2000. (Santa Fe ISD vs. Doe) http://en.wikipedia.org/wiki/Santa_Fe_Independent_School_Dist._v._Doe

18. Free Exercise Clause • “Congress shall make no law …..prohibiting the free exercise thereof.” • Freedom of conscience means a person may believe whatever he chooses, and he may also ACT on those beliefs. • Government cannot interfere with a person’s practice of his faith. Limits?

19. Limitations onFree Exercise • Morality: Reynolds v. United States (1879) prohibited polygamy. • What about failing to salute U.S. flag, smoking “peace pipe” ??? • Public Safety: • What about human sacrifice?

20. Freedom of Speech & Press • What is freedom of speech? • Why is freedom of speech important to the success of a free society?

21. Limitations of Speech • 1. Threats to public safety – Schenk v. U.S. “clear & present danger” • 2. Speech with intent to overthrow the government or endanger national security – Smith Act 1940 • 3. Speech that damages a person’s reputation or property – slander v. libel • 4. Obscenities – very nebulous today

22. Speech on businesses may also be limited – tobacco advertising restrictions.

23. Symbolic Speech • Expression of ideas through actions instead of words.

24. Ugly speech is still protected. Obama lynching Palin lynching

25. Freedom of Assembly & Petition “Congress shall make no law…abridging…the right of the people peaceably to assemble and to petition the government for a redress of grievances.” • Peaceful demonstrations • Circulate petitions • Write letters • Limited by time/place laws

26. Freedom of Association • For private groups • Not government or businesses

27. Civil Rights • The basic right to be free from unequal treatment based on certain protected characteristics

30. Women’s Rights March

31. Rosa Parks

32. Martin Luther King, Jr.

33. Right of Privacy • “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…” (4th Amendment) • Is the right of privacy implied or enumerated? • What does your textbook say? • What do you think?

34. “The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.” –Ninth Amendment

35. Right of Privacy • The Supreme Court has indeed implied some behaviors as privacy issues.

36. Is privacy protected? • What about contraception? Griswold v. Connecticut • What about abortion? Roe v. Wade • What about sex outside of marriage? (fornication, adultery) • What about the record of books you check out from the library? • What about your medical records? • What about being searched before you board a plane?

37. Civil Rights and Due Process “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 law.” (Fourteenth Amendment)

38. What is due process? • Substantive due process – The substance of laws must protect a person’s basic freedoms. • Procedural due process – Law enforcement and the judicial system must follow proper procedures.

39. Before the 14th amendment was passed, the Bill of Rights was applied only to the federal government. The states were not subject to the Bill of Rights. • That’s how they were able to keep slaves, put people in jail for not going to church, have state churches, shut down newspapers, etc. • Today the 14th amendment requires that state laws must conform to the Constitution, federal laws, and rulings of the Supreme Court.

40. Effects of applying Bill of Rights to States: • 1. Enhanced the power of the judiciary • 2. Altered the nature of the federation • 3. Enlarged the scope of constitutional rights

41. Security Rights • The Right to Bear Arms • No forced quartering of troops • No Unreasonable Searches (privacy) – A probable cause (that a crime has been committed) must exist for a search or seizure. • If a person wants his privacy upheld, he must ask for a search warrant.

42. Search Warrants • Police must provide a judge with probable cause to get a search warrant. • If a person fails to assert his privacy rights, he may be searched without a warrant.

43. Search Warrants • In some cases search warrants aren’t required. • When a proper arrest is made. • When contraband is suspected in a vehicle. • When a person runs from the police. • When evidence is in danger of being destroyed. • When the owner gives his consent to be searched. • When property has been abandoned (trash).

44. Search Warrants • Drug tests are allowed without a warrant for students and employees. • The USA Patriot Act allows for more information to be obtained without a warrant. • Exclusionary Rule: Mapp v. Ohio held that evidence obtained illegally is inadmissible in court.

45. Procedural Rights • Innocent until proven guilty. • Grand jury indictment required if federal crime. • No double jeopardy. • Not required to testify against oneself. • Miranda rights • Cannot be deprived of life, liberty, or property without a fair and proper trial.

46. Miranda v. Arizona 1966 • 1. Right to remain silent • 2. What he says can be used against him • 3. Right to an attorney, provided by state if necessary • 4. Right to end police questioning.

47. Other Procedural Rights • Right to a speedy and public trial. • Right to trial by jury of peers. • In a criminal case, a jury must be unanimous to convict. • Reasonable bail • Protected from “cruel & unusual punishment.”

48. Capital Punishment • Death penalty must be specific and consistently applied. • Murder, treason, espionage, rape of a child under a certain age, etc.

49. Other Procedural Rights • Writ of Habeas Corpus – a defendant must be released unless he is charged with a crime and brought to trial (cannot hold a person for long without charges) • Bill of attainder – ILLEGAL to punish someone without a trial. • Ex post facto laws – ILLEGAL to apply laws to past acts.

50. Voting Rights • Fifteenth amendment – all white and black men vote • Nineteenth amendment – women vote • Twenty-sixth amendment – 18 to 21 year olds vote