Dec 11 - Civil Liberties/Rights

1. Dec 11 - Civil Liberties/Rights Agenda: • Lecture and Presentations Homework: • 5.3+5.4 (165-175) • Continue 4/5 Study Guide Take out: • Pen/Pencil • Notebook • Court case materials

2. CASES: Privacy? • Kent v. Dulles (1958) • Griswold v. Connecticut (1965) • Roe v. Wade (1973) • Webster v. Reproductive Health Services (1989) • Planned Parenthood v. Casey (1992) • BSA v. Dale (2000) • Lawrence v. Texas (2003) • Gonzales v. Carhart (2007) • US v. Windsor (2012)

3. Do the Bill of Rights apply to the states? • Originally, the BOR only protected people from the Federal Government • Added as a promise that the new, and stronger, federal government wouldn’t get too strong. • It was assumed that each state had its own bill of rights • 14th Amendment applied it to states • THE INCORPORATION DOCTRINE

4. 14th Amendment’s Due Process and Equal Protection Clauses • “…nor shall any state deprive any person of life, liberty, or property without due process of law;nor (shall any state) deny any person within its jurisdiction the equal protection of the law.”

5. “Selective” Incorporation Theory • On a case-by-case basis the SCOTUS has nationalized the Bill of Rights • Once an amendment has been incorporated, you are protected from both the federal and state governments

6. Incorporation Analogy • The 14th Amendment is a sponge. • The sponge is covered in due process pores • The due process pores soak up a specific right (clause) in amendments 1, 4, and portions of 5, 6, 8 and 9 • The SCOTUS squeezes the sponge over state and local governments and soaks them with a new Constitutional standard.

7. Incorporation ExampleGideon v. Wainwright • Gideon was not allowed an attorney after being arrested for a felony • A Florida STATE judge told Gideon that the 6th amendment didn’t apply to him because he wasn’t being charged with a FEDERAL crime – therefore the state didn’t’ have to honor Gideon’s 6th amendment protections

8. Incorporation ExampleGideon v. Wainwright • From prison, Gideon petitioned the Supreme Court to use the Due Process Clause to “soak up” the 6th Amendment and get a new trial – this time with an attorney • He applied for a writ of certiorari (orders the case to go immediately to the SCOTUS “to be made more certain”)

9. GIDEON v. WAINWRIGHT (1965) All people in the US, whether charged in federal or state court, have the right to an attorney (for felony charges) 6 6 14th Amendment Due Process Pores 6 6 6th Amendment Right to counsel (attorney) Incorporation ExampleGideon v. Wainwright Ruling applies to all 50 states - States change laws if necessary

10. 6th Amendment Incorporation Occurred Selectively/Gradually • 1932 Right to Counsel in Capital Cases Powell v. Alabama • 1948 Right to a Public Trial In re Oliver • 1963 Right to counsel in felony cases Gideon v. Wainwright • 1965 Right to confrontation of witnesses Pointer v. Texas • 1966 Right to an impartial jury Parker v. Gladden • 1967 Right to a speedy trial Klopfer v. NC • 1968 Right to jury trial for serious crimes Duncan v. LA • 1972 Rt to counsel for all crimes w/prison Argersinger v. Hamlin Selective incorporation means that over time the SCOTUS has selectively Determined what parts of amendments the states have to respect. Not all amendments have been incorporated.

11. Civil Rights

12. 14th Amendment’s Due Process and Equal Protection Clauses • “…nor shall any state deprive any person of life, liberty, or property without due process of law;nor (shall any state) deny any person within its jurisdiction the equal protection of the law.”

13. Key Clauses: Equal Protection • Located in the 14th Amendment • Deals with Discrimination • Definition: classification / treating groups differently; • Some inevitable— • Can you provide me with a couple of examples?

14. Key Clauses: Equal Protection • Key tests used: • Rational basis test: discrimination is constitutional if it has reasonable relationship to purpose of government. • Examples????? • Cannot be used if it involves a suspect class, a fundamental right, or almost-suspect class

15. Key Clauses: Equal Protection • Suspect classification test (Strict Scrutiny): • Suspect class—one that has historically suffered unequal treatment on the basis of race or national origin; • There must be a compelling purpose for the discrimination to be constitutional • Examples??

16. CASES: Equal Protection • Plessy v. Ferguson (1896) • Smith v. State of Texas (1941) • Korematsu v. United States (1944) • Brown v. Board (1st and 2nd) (1954/55) • Baker v. Carr (1962) • Shaw v. Reno (1993) • Bush v. Gore (2000) • Shelby County v. Holder (2012)

17. Affirmative Action Defined: Policy that attempts to prevent discrimination by forcing employers and universities to hire a certain percentage of minority groups or to give them compensatory preferential treatment. Issue – the effect of past discrimination? Problems caused by past discrimination Lack of education, jobs, promotions

18. CASES: Affirmative Action • Regents of the University of California v. Bakke (1978) • Gratz v. Bollinger (2003) • Grutter v. Bollinger (2003)

19. Affirmative Action (Cont.) Work force must reflect local population Correct or prevent inequalities Must hire or promote workers Minorities Women Quotas required

20. Later Cases Adarand Construction v. Pena 1995 Made it almost impossible to use affirmative action programs Preferential treatment based on race unconstitutional Use of race injures the person discriminated against

21. Key Clauses: Equal Protection • Quasi-suspect class (heightened scrutiny) • Sex is the category here • Not quite as high as race • States must show that the law bears some relation to important governmental objectives

22. Random Others… • Marbury v. Madison (1803) • McCulloch v. Maryland (1819) • Gibbons v. Ogden (1824) • US v. Nixon (1974) • US v. Lopez (1995) • Clinton v. New York (1998) • US v. Morrison (2000) • Gonzales v. Oregon (2006) • DC v. Heller (2008)

23. Dec 13 - Civil Liberties/Rights Agenda: • Matching: Case – Precedent • Civil Rights Take out: • Pen/Pencil • Notebook • Court case materials Homework: • Finish reading chapter 5 • Submit Ch 4/5 to turnitin.com by 11:59 Sunday • Study for Exam on Civil Rights, Liberties & the Judiciary