Civil Rights and Civil Liberties. The Unalienable Rights The Constitution protects the rights of...

Civil Rights and Civil Liberties

The Unalienable Rights

• The Constitution protects the rights of individuals against government.

• America’s commitment to freedom led to the creation of the Bill of Rights (BOR).

• The BOR are the first 10 amendments of the Constitution.


• Securing personal freedoms against government was the driving force of the American Revolution.

• The Constitution, when it was first written contained many guarantees of freedom, but it did not include a list of people’s rights.


• This caused an argument over needing to add in writing, a listing of rights.

• Remember, Anti-Federalists (against making new Constitution) vs. Federalists (for it).

• Ten rights were agreed upon and thus were added, becoming the BOR.


• BOR quick run down:

• 1. Gives people the right to freedom of religion, speech and assembly.

• 2. Gives people right to own guns.

• 3. Military cannot force citizens to give them room and board.


• 4. Government cannot seize property without warrant or probable cause.

• 5. Do not have to testify against yourself, cannot be tried for the same crime twice.

• 6. Right to fair trial and access to a lawyer.

The Unalienable Rights• 7. Guarantees a jury trial in federal civil cases.

• 8. Punishments for crimes must be fair and not excessively cruel.

• 9. People have more rights than those listed in the Constitution.

• 10. States have all power not given to federal government in Constitution.


• The Constitution guarantees civil rights, and civil liberties to all citizens – but what is the difference?

• Civil liberties are protections against the government like speech and religion.

• Civil rights are protections from the government like discrimination.


• However, the rights granted by limited government are not absolute.

• Just as our government is limited, or in other words, it has to obey laws and rules.

• Our rights are not absolute – or not above the law either.


• The Constitution gives us rights, but that doesn’t mean we can do anything we want.

• Are freedoms end when we infringe on others’ rights.

• Example is Morse v. Frederick in 2007 – Supreme Court ruled 5-4 that banner promoted drug use and was not protected by freedom of speech.


• Federalism also affects individual rights.

• Federalism is the relationship between national government and state government.

• The BOR are protections people have against the national government, not the states.


• Thanks to the 14th Amendment, states cannot deny the BOR to anyone.

• 14th Amendment is also called the Due Process Clause, which protects all rights that are basic and essential.

• Supreme Court has ruled that the BOR are all basic and essential.


• The 9th Amendment is also important when it comes to protecting people’s rights.

• The 9th Amendment points out that just because a right is not listed in the Constitution, doesn’t mean that we don’t have it.

• It serves as almost like a safety net to the BOR – anything not covered is also inferred.

YOUR TURN TO WRITE

• How did America’s commitment to freedom lead to the creation of the BOR?

• What does it mean when we say the rights guaranteed to us are not absolute?

• How do the 14th Amendment and the 9th Amendment help protect our rights?

Due Process of Law

• Why is due process of law important to a free society?

• Did you know that DNA evidence obtained through medical technology has reversed over 200 cases recently?

• Those are innocent people who have been in prison for crimes they did not commit.

Due Process of Law

• The Constitution has two due process clauses – the 5th and 14th Amendments.

• 5th Amendment says that the government cannot deprive life, liberty, or property without due process of the law.

• 14th Amendment says that states must do the same.

Due Process of Law

• Due process of the law means that government must act fairly and within the rules.

• This also means that laws must be fair as well.

• Here is an example of due process of law in action:

Due Process of Law

• Rochin v. California 1952.

• Rochin was a suspected drug dealer – police got a tip about where he was – police busted into his apartment – Rochin grabbed drugs and swallowed them – police had his stomach pumped – he was convicted.

• However, Supreme Court said “not so fast!”

Due Process of Law

• Judges ruled that police violated Rochin’s rights by busting into his apartment and forcing his stomach to be pumped.

• Due process of the law kept Rochin free from conviction.

• Speaking of police – each state’s police power plays an important role in due process.

Due Process of Law

• Police power is designed to protect and promote safety in society.

• The use of police power is often controversial causing the courts to determine the balance between the good of society, and an individual’s rights.

• One of the most common battles is over drunk driving.

Due Process of Law

• Each state has its own drunk driving tests – walking, breathalyzers, etc.

• Question is raised – is it a violation of individual rights to force someone to take a drunk driving test?

• Usually the courts side with the police because the safety of society is at risk.

Due Process of Law

• Famous case – Schmerber vs. California where courts sided with police when they ordered a doctor to draw suspects blood.

• Due process of law also is related to people’s right to privacy.

• Right to privacy is someone’s right to be let alone.

Due Process of Law

• The most compelling right to privacy issue is abortion – a woman’s rights to terminate a pregnancy.

• In Roe vs. Wade in 1973 – the Supreme Court ruled that a Texas law, making abortion a crime was unconstitutional.

Due Process of Law

• They ruled this way because they believed it violated a woman’s due process of the law.

• Since the ruling there has been numerous challenges to abortion.

• Anti-abortion supporters have won some minor battles recently placing serious regulations of getting abortions.

YOUR TURN TO WRITE

• Explain the meaning of due process of the law, and why it is important to a free society.

• What is police power, and why is it important to balance it with individual rights?

• What is the right to privacy, and how far should the law protect your right to privacy?

Freedom and Security

• How does the Constitution protect your freedom and provide you security?

• The Constitution is a rule book for government – but also says what the government cannot do to you.

• It lists freedoms and securities that you have.


• The 13th Amendment ends slavery in the U.S. – but also ends involuntary servitude.

• You cannot be forced to work to pay off a contract or debt that has already been given.

• This does not protect citizens from duty in the military, or convicted criminals from doing work in prison.


• However, even after the 13th Amendment, people were still allowed to practice private discrimination.

• This did not end until the Civil Rights movement in the 1960s.

• Jones vs. Mayer 1968 – Courts ruled that private discrimination is illegal as well.


• The 2nd Amendment gives citizens the right to bear arms – allows for the citizen soldier.

• This amendment has limits too – U.S. vs. Miller 1939 – weapons cannot be shipped across state lines without a license.

• Felons and mentally ill cannot have weapons – or near schools or government buildings.


• 3rd and 4th Amendments also provide securities – government cannot violate your home without just cause.

• 3rd Amendment prohibits military forcing you to provide room and board.

• British troops used this often in the Colonies – hasn’t been challenged since 1791.


• 4th Amendment developed after British commonly searched homes for smuggled goods.

• Now, probable cause or a warrant is needed for a search.

• Example – Florida vs. J.L. 2000 – police get a tip about a man with a concealed weapon.


• They find him at a bus stop and search him – they find a gun – they arrest him.

• This is illegal – no probable cause or warrant.

• However, Courts have allowed for arrests “in plain view” – man bagging cocaine in home – police see him through an open window – legal arrest.


• Courts have also supported roadblocks – Lidster vs. Illinois 2004 – man arrested for drunk driving at roadblock stop – no probable cause or warrant needed to stop his car.

• Arrests are considered seizure of a person – but no warrant is needed for an arrest.

• Illinois vs. Wardlow – man arrested after running from police car – probable cause.


• When it comes to cars, trucks, planes and boats, they are considered moveable crime scenes – no warrant needed.

• Police can search but need to prove probable cause later in trial.

• Since 1991 police can search all parts of cars – including locked glove compartments.


• Police can also determine probable cause from a police dog’s reaction.

• However – they cannot search you without probable cause or a warrant.

• Obtaining evidence correctly is important because of the Exclusionary Rule.


• This rule states that evidence obtained illegally cannot be used in trial – police must obey rules and laws themselves.

• Critics to the rule claim it allows criminals to walk free over a technicality.

• To prevent this, Courts have narrowed the Exclusionary Rule.


• Drug tests and screenings are allowed – no warrant, no probable cause.

• Trend is for school districts to use this on all athletes and extracurricular activities.

• Patriot Act of 2001 has also given authorities more freedom in investigating.


• Patriot Act was created to combat terrorism activity in U.S.

• Federal agents – with a warrant – can search property without owner knowing – take photographs, and notes.

• Wiretapping or bugging has also been a controversial issue.


• Wiretapping for a long time was allowed because it was not considered searching property.

• However, Katz vs. U.S. 1967 changed that – man made calls about illegal gambling from public phone booth that was bugged.

• Court ruled it should have been private – so now warrants are needed to wiretap.

YOUR TURN TO WRITE

• How does the Constitution provide freedom and security for you? Be SPECIFIC.

• Do you agree with the restrictions placed on the government when it comes to arresting and gathering evidence against suspected criminals? Explain your answer.

Rights of the Accused

• Okay, so after due process of the law you have been arrested – what now?

• Think about this quote: “It is better to let ten guilty criminals go free than to punish one innocent person.”

• Even after arrest you still have rights protected by the Constitution.


• Habeas Corpus – prohibits unjust arrests and states that you cannot be held without reason.

• Explains the charges and when you get a trial.

• Habeas Corpus has been suspended in the past during times of war – Civil War and World War II.


• Bills of Attainder – a legislative act – produced by Congress.

• Allows for punishment to be carried out without trial.

• Does not happen anymore – accused have right to a fair trial.


• Ex Post Facto Law – Latin term meaning “after the fact”.

• Prevents government from making a law and then arresting you for breaking it before it was a law.

• This only applies to criminal law – this can happen with civil laws – taxes are an example.


• A person who is accused of breaking a serious criminal law facing a punishment of death or imprisonment has the right to a grand jury.

• Grand jury is made up of 16 to 23 citizens who listen to the evidence and determine if evidence is good enough to have a trial.

• The grand jury stage is a private session – no media – and prosecution questions only.


• A minimum of 12 votes from jurors are needed to pass an indictment – that evidence is good enough to have a trial.

• The grand jury stage is not a trial – just to determine if a trial should occur.

• When it goes to the trial stage, the accused has even more rights.


• Double jeopardy – an accused person can only be tried once for a crime.

• However, in many crimes have more than one offense.

• Example – robbing a liquor store after it closed – unlawful entry and theft.


• Speedy and public trial – trials must occur within a reasonable time.

• 100 days maximum between arrest and start of trial.

• Public trial means people can come and watch – this guarantees that process is fair.


• Judge can limit the amount of spectators, or clear the courtroom as he or she wishes.

• In Federal Courts, no television cameras are allowed – but some state courts allow.

• Press involvement jeopardizes the accused right to a fair trial – Supreme Court has overruled some cases based on media.


• Trial by jury – accused is tried in front of an impartial jury of his or her peers.

• Jury must be a diverse group of citizens from the same state and district of crime.

• Accused can request different venue if they feel they cannot receive a fair trial.


• Accused can also waive their right to a jury which means the judge decides on case.

• Usually there are 6 to 12 people on a jury and a guilty verdict must be unanimous in a criminal case.

• Adequate defense – accused has the right to a lawyer.


• The accused also has the right to question witnesses and gather witnesses.

• Escobedo vs. Illinois 1964 – accused was denied permission to speak to a lawyer and his confession was thrown out.

• Self-Incrimination – accused cannot be forced to testify – or answer questions on trial.


• This puts the pressure on the prosecution to prove guilt of the crime.

• However, this does not mean that witnesses do not have to testify – you can be forced to “rat” somebody out.

• This also does not give accused power to deny fingerprints, photographs, or police lineup.


• Ernesto Miranda a mentally challenged man accused of kidnapping and rape.

• He did not understand his rights as an accused criminal.

• His case created the Miranda Rights – forces police to read rights before questioning.


• However, this does not apply to undercover cops – suspects can be questioned without being read Miranda Rights.

• Miranda Rights are controversial – does it allow criminals to walk free too often?

• Supporters claim it allows police to present a rock solid case on a suspect instead of relying on a questionable confession only.

YOUR TURN TO WRITE

• “It is better to let ten guilty criminals go free than to punish one innocent person.” Do you agree or disagree with this? Why?

• Does freedom of the press interfere with the right to a fair trial? Explain.

• Do the Miranda Rights let too many criminals walk free, or is it necessary in a free society?

Punishment

• The Constitution sets limits on punishments for a crime.

• The first is bail – the sum of money the accused pays to the court to guarantee they will show up for trial.

• This enables the accused to not have to be restricted to jail until they are guilty.

Punishment

• If the accused is not in jail, they can prepare for a trial better.

• However, sometimes the court can deny bail – called preventive detention.

• This is done on a case to case situation depending on the type of crime or if there is reason to believe the accused will commit another crime.

Punishment

• The 8th Amendment in the Constitution prohibits cruel and unusual punishment for citizens.

• Wilkerson vs. Utah 1879 – man was convicted of murder and sentenced to death by firing squad.

• The Supreme Court ruled against method of sentence – considered cruel and unusual.

Punishment

• In the majority opinion court stated citizens are protected from “all barbaric tortures, such as burning at the stake, crucifixion, drawing and quartering”.

• What is not considered cruel and unusual?

• Two prisoners in a cell designed for one – ok.

Punishment

• Death penalty is ok – most controversial.

• Executing prisoners is called “Capital Punishment” – today the Federal Government allows it, and 35 states allow it.

• Capital Punishment can only be a sentence if the victim of the crime died.

Punishment

• There are two stages for all Capital Punishment cases.

• 1. Regular trial to determine if the accused is guilty of the crime.

• 2. After accused is found guilty, jury listens to arguments for and against death penalty.

Punishment

• Restrictions against the death penalty include that no mentally challenged person may be executed.

• No one under 18 years of age may be executed.

• Capital Punishment very controversial – over 125 prisoners released from death row because they were innocent in last 30 years.

Punishment

• What is treason?

• Treason is a major crime against the United States – can only be charged when U.S. is at war.

• Levying war against the U.S. – or aiding enemies against the U.S.

Punishment

• Treason law applies to all U.S. citizens – home and abroad.

• If U.S. is not at war and someone spies or helps spies against the U.S. it is not treason – considered espionage or sabotage.

• The punishment for treason is death penalty.

YOUR TURN TO WRITE

• When is the death penalty allowed to be considered as a punishment?

• What is treason, and how is it different from espionage and sabotage?

• BIG ONE: How does the Constitution set limits on punishments for crime? Use the following terms: Bail, 8th Amendment, Cruel and Unusual, Capital Punishment, Jury.

Diversity and Discrimination

• The Constitution guarantees equal rights for all citizens under the law.

• However, that interpretation has changed over time.

• America was built on the concept of freedom – “all men are created equal”.


• Ironically, over 400 slaves worked on the construction of the capitol building.

• The Equal Protection Clause – government cannot discriminate unreasonably.

• Example: Government can tax smoking products, but government cannot tax blonde smokers.


• Supreme Court makes all rulings on equal protection using the rational basis test.

• Does the law in question achieve a reasonable governmental purpose?

• If yes, than the Court will defend the law and allow it.


• Example: Statutory rape – illegal for a man to have “relations” with a girl under 18.

• Rational basis test – does this achieve a reasonable governmental purpose?

• Yes – it prevents underage pregnancies from getting out of hand.


• Example: Alabama law allowed women to receive alimony payments after divorce, but not men.

• Rational basis test – does this achieve a reasonable governmental purpose?

• No – no reason to discriminate between men and women in this case – unconstitutional.


• Segregation by race – the separation of one race from another.

• After the Civil War, former slaves were free – many states made segregation laws.

• These were called Jim Crow laws – prevented blacks from having equal access to public facilities.


• These included, schools, parks, cemeteries, restaurants, railroads, buses.

• Jim Crow laws were challenged in Court by Plessy vs. Ferguson – black man forced to sit in different rail car.

• The Supreme Court ruled that “separate but equal” is allowed – as long as facilities are equal.


• Problem with that – what does “equal” mean?

• Separate but equal was the law for 60 years in the U.S. – allowed segregation.

• Finally in 1954, another court case – Brown vs. Board of Education overruled Plessy vs. Ferguson – ended segregation in public schools.


• However, progress from Brown vs. Board of Education was slow – especially in south.

• It was not until the Civil Rights Movement of the 1960s that sped things up.

• Civil Rights Act of 1964 – cut off federal money to any state with segregation.


• This forced all states to shape up – or become economically damaged.

• However, even though segregation by law is illegal, de facto segregation still exists.

• De facto segregation is natural, society driven segregation.


• Schools are still segregated in areas because housing patterns are segregated.

• Contrast percentage of black students here, with percentage of black students in St. Louis City schools.

• De facto segregation – not a law, happens naturally.


• Classification by gender – women have also struggled for equal protection through history.

• 1920 women were given right to vote – other laws struck down other gender segregation.

• Gender classification still exists by law in some parts – female security guards at male prisons.


• There is also de facto gender segregation – not by law – but by society.

• Women who share similar college degrees are paid significantly less than men.

• This will only change through time.

YOUR TURN TO WRITE

• What were the Jim Crow laws – and what was the purpose of them?

• What was important about Plessy vs. Ferguson and Brown vs. Board of Education?

• What is gender segregation, and which gender has suffered to achieve equal rights in America?

Civil Rights Laws

• America has a long history of Civil Rights laws – debate and passage – since the Civil War.

• Most Civil Rights laws did not pass until after the Civil War – 100 years later.

• Most opposition to the laws came from southern politicians who used filibusters and other means to block laws.

Civil Rights Laws

• The Civil Rights Act of 1964 was the longest debate in Senate history – 83 days.

• When it was finally passed, it provided tremendous protection for all citizens.

• The law states that no person can be denied access or service in a public place because of race, religion, gender, or physical disability.

Civil Rights Laws

• The law also forced employers to stop discriminating based on race, religion, gender, or physical disability when it came to hiring.

• The Civil Rights Act of 1964 paved the way for the Civil Rights Act of 1968.

• That law states that you cannot discriminate when it comes to selling or renting homes.

Civil Rights Laws

• Why was the Civil Rights movement important?

• Because it finally enforced what America was founded on – equal rights and tolerance.

• Not just for African-Americans, but for every citizen.

Civil Rights Laws

• In 1972, another important law called Title IX was established.

• This law states that any school receiving Federal money cannot discriminate when it comes to programs.

• This has had a huge impact on schools – especially athletics – especially in college.

Civil Rights Laws

• Colleges have had to provide equal opportunities to women’s sports – same number of programs – equal funding.

• Title IX has received criticism because some college men’s teams have been eliminated to comply with the law.

Civil Rights Laws

• Another controversial “equality driven” program is Affirmative Action.

• It was created to force employers to take steps to make up for previous problems regarding discrimination.

• Affirmative Action’s goal is to make the work force resemble the general population of the area.

Civil Rights Laws

• The benefits of Affirmative Action include:

• Prevents inequalities of pay and promotions.

• Provides jobs for more minorities and more females.

Civil Rights Laws

• The negatives of Affirmative Action:

• In some cases has caused “reverse discrimination”.

• Reverse discrimination is when employers do not consider any candidate from the majority population, so they can hire a minority.

Civil Rights Laws

• Affirmative Action came under fire in the courts recently.

• In 1997 a white female applied to the University of Michigan (YUCK!) and was rejected in favor of a minority.

• The minority scored lower on the entrance exam, and had a lower G.P.A.

Civil Rights Laws

• The woman was named Gratz and the case went to the Supreme Court – Gratz vs. Bollinger.

• Supreme Court ruled 6-3 in favor of Gratz – claiming that University of Michigan (YUCK!) went against Gratz’s 14th Amendment rights – equal protection under the law.

YOUR TURN TO WRITE

• Why did civil rights laws take so long to come into effect?

• Do you agree or disagree with Affirmative Action – explain your answer by using at least three ideas that back it up.

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