Principles of Civil Liberties and Civil Rights

What is the difference between……

Civil Rights and Civil Liberties

Definition

Civil Liberties -- Rights that need protection from the government (These are listed in the Bill of Rights)

Civil Rights -- Rights that need protection by the government (These are provided through legislative acts)

What offers us protection?

The ConstitutionBill of Rights / AmendmentsLegislation (Civil Rights Acts of 1964)Court Decisions (Brown v. Board of Ed. 1954)State Constitutions

Are there instances where we treat people differently?

Examples??

Are there instances where we treat people differently?

Muller v. Oregon (1908)

Oregon enacted a law that limited women to 10 hrs. of work a day in factories and laundries (Does the law violate a woman’s freedom to enter into a contract?)

Ruling: NO. Identified physical and social effects on women compared to men (accepted wisdom of the day)

Application of Constitution Prior to the 14th Amendment

In the 1st Amendment it states “ CONGRESS shall make no law respecting an establishment of religion…….

There is no mention of the states.

Barron v. Baltimore (1833)

John Barron was co-owner of a wharf in the harbor of Baltimore. The city developed placing large amts. of Sand in the harbor affecting his business. He sued the city to recover a portion of his losses

Court RulingQuestion: Does the 5th Amendment

deny the states the right to take public property for public use without just compensation

Ruling: No. (7-0) Court has no jurisdiction in this case. Limitations of the 5th Amendment were designed to limit powers of national government, not the states

Impact of Federalism

Effect of the 14th Amendment

“…..no state shall make or enforce any law which shall abridge the privileges and immunities of citizens of the U.S.; nor shall any state deprive any person of life, liberty, or property without due process of the law; nor deny to any person the equal protection of the laws.”

Impact of Federalism

Effect of 14th Amendment Due process clause is used to apply Bill of Rights

to states. Bans states from denying life, liberty, and happiness

Two Views: Total Incorporation- View would apply most

provisions of Bill of Rights to states (Except 2, 3, 7, 10)

Selective Incorporation- This view holds that only some provisions would apply and would do so on case by case basis

Example of Incorporation

Gitlow v. New York (1925) Gitlow was passing out left-wing

manifesto calling for strikes Arrested in N.Y. for violating “anarchy”

laws Court ruled that Gitlow’s 14th Amend.

Rights violated State could prohibit speech if it posed a

“clear and present” danger to public and security was at risk

Amendments: Nationalized

1st Religion, Speech, Press, Assembly

4th Search and Seizure

5th Due Process / Rights of Accused 6th Speedy and Public Trial

14th States shall not deprive any person of life, liberty, or property w/o due process of the law who is a citizen

Religion

Establishment Clause: Gov’t may not establish an official religionJefferson’ “wall of separation” called on gov’t to allow NO mixing of church and stateEngle v. Vitale (1962)

Board of Ed. in N.Y. required recitation of nondenominational prayer at beginning of the day. Showed favor for a religion. Violated establishment clause

Lemon v. Kurtzman (1971) – “Lemon Test” PA. And RI. Had laws that funded teachers of secular

subjects, even in religious schools. Court ruled statutes violated establishment clause if money had secular purpose, did not advance religion, and did not mix religion/gov’t

The “Wall of Separation”

“Religious institutions that use government power in support of themselves and force their views on persons of other faiths, or of no faith, undermine all our civil rights. Moreover, state support of an established religion tends to make the clergy unresponsive to their own people, and leads to corruption within religion itself. Erecting the 'wall of separation between church and state,' therefore, is absolutely essential in a free society.” ― Thomas Jefferson

Fundamental Rights Test

Courts subjects laws which deny fundamental rights to strict scrutinySuch rights include those implied in ConstitutionEx.- Travel, Political Association, Privacy, (Griswold v. Connecticut, 1965)

Roe v. Wade (1973) Prior to 1973, states set their own policies Roe set one federal policy w/ trimester guidelines. Based on

right to privacy Webster v. Reproductive Health Services (1987).

Didn’t overturn Roe, but gave states leeway in restricting abortion

De Jure Segregation

14th Amendment (1868): Equal Protection Amendment “All persons born in U.S. are citizens. No state shall deprive of life, liberty, or property w/o due process of lawRise of Jim Crow laws (literacy test, poll tax, etc. ),

Discrimination: Rulings/Legislation

Women Civil Rights Act (1964), Title IX of Education Act

(1972) prohibited gender discr. In federally funded education programs

African-Americans Dred Scott Decision (1857), Plessy v. Ferguson

(1896), Brown v. Board (1954), Civil Rights Act (1964), Voting Rights Act (1965)

Hispanics Lau v. Nicholas (1974) schools must take action to help

non-English speakers

Search and Seizure

Arrests may be conducted with a warrant based on probable cause (no warrant for “emergencies”)Search may be conducted to save lives (protect lives, if evidence is in “plain” view)Exclusionary Rule: illegally obtained evidence may not be used in court (Mapp v. Ohio, 1961)Police Questioning

Forced questioning/coercion prohibited Miranda warnings to silence and counsel (Miranda v.

Arizona, 1966)

Habeus Corpus Court order requiring authorities to bring accused person to

court

Rights of An Accused

Counseled Gideon v. Wainwright (1963); states must provide

legal help for suspects who cannot afford it

Speedy and Public Trial Prevents delays Prevents secret trials

Trial by Jury Guaranteed in criminal cases, most cases settled

through plea bargain