Civil Rights and

Civil Liberties

What are civil rights and what are civil liberties?

Civil Rights = The right of every person to equal protection under the law and equal access to society’s opportunities and public facilities.

Civil Liberties = Individual rights that are protected from infringement by government.

Civil Rights and Equality“All men are created equal?”

- Equality – One of the founding principles of our democracy, yet still unrealized.

- In theory, Americans have equal rights; in practice, they are not equal and never have been.

The Struggle for Equality: African Americans

- Slavery and the Civil War

- The 13, 14, and 15th Amendments

13 = Abolished Slavery

14 = Guaranteed equal protection and due process. (Citizenship)

15 = Gave African Americans the right to vote.

- Jim Crow Laws (Post 1877)

Would you have been able to vote?The Alabama Literacy Test

• Which body of Congress can try impeachments of the President? • At what time of day on January 20th does the term of the President

end? • If the president does not sign a bill, how many days is he allowed in

which to return it to Congress for reconsideration? • If a bill is passed by Congress and the President refuses to sign it

and does not send it back to Congress in session within the specified period of time, is the bill defeated or does it become law?

• If the United States wishes to purchase land for an arsenal and have exclusive legislative authority over it, consent is required from whom?

• Which officer of the United States government is designated as President of the Senate?

• When is the president not allowed to exercise his power to pardon? • Why is the power to grant patents given to Congress? • What is a tribunal? • If a person charged with treason denies his guilt, how many people

must testify against him before he can be convicted?

Landmark Court Cases- Plessy v. Ferguson

(1896)- “Separate but equal”- Court endorsed Jim Crow

Laws- The use of race as a

criterion of exclusion in public matters was not unreasonable.

- Brown v. Board of Education (1954)

- supreme court ruled that “separate educational facilities are inherently unequal.

The Civil Rights Movement

1955 – Bus Boycott in Montgomery, AL

1957 – Little Rock, AK Desegregation

The Civil Rights Movement (continued)

1963 – March in Birmingham, AL led by MLK, Jr.

1963 – March on Washington, DC.

“I have a dream” speech.

The Civil Rights Acts

- Three civil rights acts were passed shortly after the Brown decision; did little to help the cause of blacks.

- Civil Rights Act of 1964

- Civil Rights Act of 1968

- Voting Rights Act of 1965

Women and the Struggle for Equality

- United States carried on policies from England when the nation was founded.

- 1848 – First Women’s Rights Convention in Seneca Falls, NY

- 19th Amendment in 1920 gave women the right to vote.

Equality Today

African Americans and Women: Notable Gains v. Continued Struggles

De facto Discrimination: Discrimination that is the result of social, economic, or cultural biases or conditions.

De jure Discrimination: Discrimination based on the law.

Equality of Result: Policies aimed at reducing or eliminating de facto discrimination.Examples: Affirmative action and busing

Affirmative ActionAffirmative Action = Deliberate effort to provide full

and equal opportunities in employment, education, and other areas for women, minorities, and individuals belonging to other disadvantaged groups.

Many court cases have addressed the issue of affirmative action, including the following examples:

Regents of CA v. Bakke (1978)US Steel v. Weber (1979)Wards Cove v. Atonio (1989)Adarand v. Pena (1995)

Civil Liberties

Civil Liberties = Individual rights that are protected from infringement by government.

- Foundation for Civil Liberties = Bill of Rights and Interpretations of the Supreme Court

Our Civil Liberties

1. The First Amendmenta. Freedom of Religionb. Freedom of Speechc. Freedom of the Press

2. The Second Amendment: The Right to Bear Arms

3. Quartering Soldiers4. The Right to Privacy (Illegal Search &

Seizures)

Civil Liberties

5 – Grand Juries, Self-incrimination, Double jeopardy…

6 – Speedy trial …

7 – Trial by jury in common law

8 – Bail, Cruel and unusual punishment

9 – Rights retained by people

10 – Reserved powers of the states

The Main Argument in Support of Compromising Civil Liberties

When they conflict, national security takes precedence over civil liberties.

Examples (of why this is good):• Foiled terrorist attacks.• Most Americans are unaffected.• Stability ensured.• Democratic process as watchdog.

The Counter-Argument

Civil liberties take precedence over National Security.

Examples (of why this is bad):

• Racial profiling

• Japanese internment

• Discrimination against Muslims

The Patriot Act (2001)