Civil Liberties (& Civil Rights )

1. Civil Liberties (& Civil Rights) US Government POS 2041 Ch. 4

2. Group Activity Suppose you are a city manager who has to establish an affirmative action program for your community in order to bring more women into the workforce. How far are you willing to go to hire a woman? Use the following scale to mark your answer: 1 = Strongly Agree . 2 = Generally Agree . 3 = Generally Disagree . 4 = Strongly Disagree. • If women are not getting fair treatment in jobs, government should see to it that they do.------- • Where female & male applicants are of equal ability & women are underrepresented on the city’s workforce, the city’s department should give preference to female applicants.------- • As long as they are told privately & in fun, it’s all right for members of my department to tell jokes at work about sex & women.------- • The city should make special effort to recruit women for positions in management & administration.- • Public agencies should set up committees of women civic leaders to make recommendations for improving the hiring/promotion of women.------- • The city should establish hiring targets for women.------- • The city should establish timetables for reaching the hiring targets for women.------- • The city departments should not hire a female applicant if there is a more competent male applicant who wants the job. CITY MANAGERS WOMEN MEN TAXPAYERS Slack, James. Affirmative Action and city manager: Attitudes toward Recruitment of Women. Public Administration Review, march-April 1987

3. Reverse Racism ?Guns http://www.youtube.com/watch?v=X3dFbomu6-U http://comedians.jokes.com/wanda-sykes/videos/wanda-sykes---wanda-s-got-a-gun

4. History of Civil Liberties • American Civil Liberties is rooted in the 18th century belief that people have something • called “natural rights” given by god • Bill of Rights are “what people are entitled to against every gov,” Jefferson • Civil Liberties are the areas of personal freedoms of citizens & protections/restraints from improper gov action

5. Civil Liberties vs. Civil Rights? • Civil Liberties: protections of citizens from government (recall Madison’s insistence on instituting the Bill of Rights in the constitution?) • Civil Rights: protections of rights of citizens by government. (Brown vs Board, Rosa Parka, MLK, Gay marriage)

6. Consists of : • Substantive Liberties: seizure of private homes w/o consent, establishing religion • Procedural Liberties: How gov is supposed to act under “due process of law”

7. Since 1960 Supreme Court has expanded scope of individual freedoms considerably • Fragile state of affairs, given that judiciary interpretations can change • Civil liberties require a delicate balance between gov power & gov restraints, but gov has to act to ensure rights of one group are protected from being deprived by another group • Civil liberties reflect how well the democratic principle of majority rule with minority rights function

8. Case of Summum in Utah challenging religious freedom & free speech

9. Brief history of Bill of Rights • Philadelphia Convention declined to include it in the Constitution • Felt that it would constrain future authorities • They viewed the Constitution as a bill of rights, because it included habeas corpus • Anti -feds argued for a bill of rights • James Madison proposed 12 of which 10 were ratified by the states (1791) & they became known as the Bill of Rights (P A 14-19 Amendment Rights, which includes original 10 Bill of Rights. We the People) ( Understanding American Gov p. 672-684 )

10. Nationalizing the Bill of Rights • Given that only the first bill addresses Congress’ limitations (re: religion, speech, assembly, press), is it correct to say that the Bill of Rights sets limits on gov or states? • Supreme Court in modern times has ruled to extend the powers of the Bill of Right over the states & citizens • However, it wasn’t until 1937 that Supreme Crt. Nationalized civil liberties beyond First Amendments

11. Importance of the 14 th Amendment • Palko vs. Connecticut Supreme Crt. made provisions for incorporating different protections into the Fourteenth Amendment, called • selective incorporation: different protections were incorporated into the Bill of Rights and applied to the states. • Meant that both states & national gov would be bound by them

12. First Amendment Rights Freedom of Religion • Separation between Church & State: • Congress cannot make a law establishing a Religion(history of people taking refugee from religious persecution)

13. However, Supreme Crt has allowed public display of religious objects, funding of religious schools provided: • State’s action is secular • State & church not to entangle in each other’s affairs • State is not allowed to advance or inhibit religions • Ruling ofLemon vs. Kurtzman • Supported The Separation clause of our Constitution

14. Free Exercise of religion Clause • Citizens are free to believe or not believe in a religion • This is part of the establishment clause • Eg. Everson v. Board of Education (1947)

16. First Amendment Rights: Freedom of Speech & the Press • Supreme Crt established these as fundamental values to be protected at all cost • Burden of proof is placed on the gov to show that the law is constitutional • Political Speech is protected in order to advance democracy

17. Wealthy people’s participation in political campaigns was limited • This later weakened by court challenges, but in 2003 Congress was authorized by Sup Crt. To limit campaign contributions • Symbolic Speech, Speech plus & Rights of Assembly & petition • Speech Plus action , eg, sit- ins & protests are protected

18. Freedom of Press • Freedom of Press is guaranteed under the Constitution • Conditionally Protected Speech 4 types of speech fall outside the protection • Libel & Slander • Obscenity & Pornography • Fighting Words • Commercial speech (not political speech)

19. Second Amendment Rights: To Bear Arms • Right to establish militia for public order, but since states failed to provide arms, citizens were allowed to keep their own

20. 3 rd & 4th Amendments • B3. Forbids quartering soldiers in houses during peace time • B4. Fourth Amendment Rights: Searches & Seizures • Protect citizens against unreasonable searches & seizures

21. Fifth Amendment Grants 4 rights • Right to a Grand Jury • Protection against double jeopardy • Protect against self-incrimination • Taking property w/o just compensation

22. B6. Sixth Amendment Rights: Right to Counsel • Right to counsel & speedy trial & right to impartial jury • B7. Right to Jury Trial • B8. Eight Amendment Rights: Cruel & Unusual Punishment • Protection against cruel & unusual punishment, excessive bail fines

23. B 9 Reservation of Rights of People • Rights listed by the Constitution shall not be used to deny other rights retained by the people • B10. Powers not listed in the Constitution are reserved by the states & hence by the people

24. Includes Supreme Court’s extension to cover:

25. Right to Privacy- defined as right to be left alone • Birth Control • Abortion • Homosexuality • Right to Die

26. Key Terms • Symbolic Speech: Use of symbols instead of language to express oneself. Initially ruled against as freedom of expression by supreme court • Libel: Printed or spoken word intended to hurt someone’s reputation • Selective Incorporation • Separation of Church & State Establishment Clause: Prohibits the establishment of a state religion • Exclusionary Rule: Does not permit evidence obtained in violation of 4 Amendment • Miranda rights:1966 Supreme Crt Ruling Suspect must be informed of their rights before interrogation • Eminent Domain: Gov can take property in name of public good • Double jeopardy: person cannot be tried twice for same crime • Grand Jury: determines whether there is sufficient evidence available to justify a trial. Nothing about innocence /gult of accused