Unit 3: Civil Liberties

How have Equality and Rights Changed over

time? Why?

Do Now: 9/26/13Vocabulary (10mins)

Directions: Write, describe, and/or give examples of the following vocabulary terms. When we share out, add information you may not have

included! You may work with a partner!

• Precedent:• Dissent:• Concur:• Judicial Activism:• Judicial Restraint:• Unanimous:• Life tenure:• Civil Liberties: • De facto Segregation:• De jure Segregation:

Do Now: 9/26/13 Copy the vocabulary onto the sheet. Can you think of other

examples?• Precedent: an earlier event or action that is regarded as an example or guide. Ex: Plessy established a

precedent, which Brown overturned.

• Dissent: Written argument that disagrees with the majority.

• Concur: To agree with the majority.

• Judicial Activism: idea that interpretation of the U.S. based on the spirit of the times and the needs of the nation can legitimately influence judicial decisions. Ex: Warren Court in Brown decision was considered to be practicing “judicial activism”

• Judicial Restraint: idea that judges should limit the exercise of their own power. It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional. Ex: Brown Court in Plessy decision was considered to be practicing “judicial restraint”.

• Unanimous: Everyone agrees• Life tenure: Supreme Court Justices have life terms to prevent tyranny of the majority over the minority.• Civil Liberties: rights and freedoms that provide an individual specific rights • De facto Segregation: in practice but not by law. Ex: neighborhoods that are predominately a

race/ethnicity• De jure Segregation: written in the law. Ex: “Colored only” facilities

15 mins

http://www.youtube.com/watch?v=z0BxFRu_SOw

How many of you can relate to what the girls had said about skin color and race?What were you surprised about?How much of this do you think has to do with past racism, segregation, and discrimination? Present?

Exit Ticket (10mins)Directions: For each question, use one piece of evidence from today’s lesson and or court cases and at least vocabulary word (from do now).1) How did the ruling of Brown v Board of Education 1954 differ from Plessy v

Ferguson 1898? How did each impact different groups in American society?

2) Choose one other court case and explain a) It’s backgroundb) What was the historical context of it’s decision? c) What precedent was set?

3) In addition to ruling based on the Constitution and precedent, does prevailing public opinion influence whether the Supreme Court accepts a case? How the Supreme Court ruled on the case? Explain.4) How would the framers like Madison who wanted to prevent the tyranny of the majority over the minority have felt have felt about this?

Pop Quiz CH 4 (7mins) Choose 3 of the questions below and answer in complete sentences

on loose leaf…

1) What are civil liberties? 2) Define the Establishment Clause.3) In which case did the Supreme Court declare that the government could limit free speech if it provokes a “clear and present danger”. 4) What precedent was established in Roe v Wade?

10/2/13 Do NowThe civil liberties we have had (on paper and in practice) since the constitution was ratified in 1788 are… (check all that apply)Americans have had the right to…__ marry someone of a different race__ to bear arms__ to use birth control__ terminate a pregnancy__ swim at a public pool__ to burn the flag__ to know your rights before you get arrested__ to have a lawyer present at your trial__ to sit anywhere on the bus or train__ to pass out flyers denouncing war__ to vote__ marry someone of the same sex

Answer…The civil liberties we have had since the constitution was ratified in 1788 are… (check all that apply)Americans have had the right to…__ marry someone of a different raceX_to bear arms__ to use birth control__ terminate a pregnancy__ swim at a public pool__ to burn the flag__ to know your rights before you get arrested__ to have a lawyer present at your trial__ to sit anywhere on the bus or train__ to pass out flyers denouncing war__ to vote__ marry someone of the same sex

Civil Liberties, haven’t always been…__ marry someone of a different race (Loving v Virginia 1967)__ to use birth control(Connecticut v Griswold 1965)__ terminate a pregnancy(Roe v Wade 1973)__ swim at a public pool(Civil Rights Act 1964)__ to burn the flag(Texas v Johnson 1989)__ to know your rights before you get arrested(Miranda v Arizona, 1966)__ to have a lawyer present at your trial(Gideon v Wainwright 1963)__ to sit anywhere on the bus or train(Civil Rights Act 1964)__ to pass out flyers denouncing war(Brandenburg v Ohio 1969)__ to vote(white women= 1919, 19th Amendment/Suffrage; all others Civil Rights Act 1964)__ marry someone of the same sex(United States v Windsor 2013, and even then, not all states have adopted this ruling into law)

10/3/13 Directions: Using the graph below, answer the following questions…

1) What is the topic of the graph? What question does it address?

2) What percent of people believe the Constitution should be interpreted based on changes in society vs. believe it should be followed exactly as its written?

3) How does the graph relate to Thurgood Marshall’s quote: “We will see that the true miracle was not the birth of the Constitution, but its life…”

4) If you were asked this question, how would you respond? Why?

How has our idea of what is right and wrong change over time? Is the meaning of the constitution suppose

to change?Public executions were common, last one in America was 1936. Why do we not have them any more?

“We will see that the true miracle was not the birth of the Constitution, but its life…”-Thurgood Marshall, 1987

ObjectiveEssential Q: How have civil liberties changed over time? IWBAT: Analyze how the Supreme Court has interpreted the Bill of Rights over time by– Identify the “clauses” and landmark cases that are

related to various Amendments– Identify the precedent, & significance of the

precedents set in Supreme Court decisions4) College Skills:Listening, note-taking, analytical thinking

Due Process Clause:Part of the 14th Amendment guaranteeing that “life, liberty, property not be taken

without due process of law”.

• Barron v Baltimore 1833 – Barron had his “property” (Wharf) ruined when the city diverted a river– Sued the state for violation of 5th Amendment’s

guarantee, that no person be, “deprived of life, liberty, or property, without due process of law ”.

– Chief Justice John Marshall held that the first ten "amendments contain no expression indicating an intention to apply them to the State governments.”

– Precedent=Only Federal Gov. had to respect the bill of rights.

Due Process Clause:Part of the 14th Amendment guaranteeing that “life, liberty, property not be taken

without due process of law”.

• Gitlow v New York 1925– Gitlow was a socialist got in trouble for printing a “anarchist”

manifesto, violated a New York’s Criminal Anarchy Law. His case made it to the Supreme Court.

– Court announced that 1st Amendment rights, freedom of speech and press were “fundamental” and are protected by 14th Amendment’s due Process Clause. Reversed precedent set in Barron, NEW: precedent even states have to follow Bill of Rights.

• Incorporation Doctrine– Nationalized the Bill of Rights – By states NOT following the Bill of Rights, they would be violating

14th Amendment. Amendments 1-8 are so fundamental they are protected by 14th Amendment.

Establishment Clause:1st Amendment: “Congress shall make no law respecting an

establishment of religion...”

• Engel v Vitale 1962– Court ruled that NY state officials violated the establishment

clause, when they wrote a prayer to be recited in public school• Lemon v. Kurtzman 1971

– Could federal aid go to church related schools?– Supreme Court set the precedent that it could so long as the

met these 3 standards:1. Secular purpose2. Neither advances nor prohibits religion3. Doesn’t entangle Gov in religon

Significance: Gov. cannot respect or promote a specific religion

Free Exercise Clause“Congress shall make no law respecting an establishment of religion, or

prohibiting the free exercise thereof…”

• Employment Division v Smith 1988– Can groups use the hallucinogenic cactus

peyote if it’s part of their religion?– Court ruled that in this case, there

wasn’t a compelling interest to why they should in this case.

• Freedom Restoration Act 1993– Congress went over the head of Judiciary

Branch’s ruling/precedent set in Smith case…act gave more freedoms to practice religion. Supreme Court ruled the law unconstitutional, until 2000.

Guantanamo Bay: 166 imprisoned at Guantanamo

Started as a US naval base, in 2002 was turned into a detainment facility

Boumedine v Bush 2008Supreme Court ruled foreign terrorism suspects have the right to a trail in U.S. Courts.Article One, Section 9, clause 2

– "The privilege of the writ of habeas corpus (detention without evidence) shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.”

– Punishment without a trail8th Amendment: cruel and unusual punishmentDoes keeping Guantanamo Bay open violate the Supreme Court precedent set in Boumedine, Article 1, and the 8th Amendment?

Mid-Ticket (10mins)Directions: Use your notes to match the following cases to their respective clauses, Amendments, & precedents

1. The Amendment that holds the Establishment Clause is ___2. The Establishment Clause states ____3. The Free exercise Clause basically says ___4. In ____, the Supreme Court ruled our 1st Amendment right to free speech is fundamental5. In _____, the Supreme court ruled states did not have to follow the Bill of Rights, only the Fed Gov.6. The Due Process clause is found in the ___7. Suspension of Habeus Corpus is ___

8. The 14th Amendment says that no person shall be denied “life, liberty, or property without ____”

a. Engel v Vitale b. Gitlow v New Yorkc. Barron v Baltimored. Detention without evidencee. 1st Amendmentf. 14th Amendmentg. Congress shall make no law respecting

an establishment of religion…h. due process of the lawi. Congress can’t prohibit the exercise of

religion

Objective (part 2)Essential Q: How have civil liberties changed over time?IWBAT: Analyze how civil liberties change overtime using at least 2 landmark Supreme Court cases decisions by– Identifying historical context– Evaluating how public opinion influenced Supreme

Court Case decisions– & Evaluating the significance of the decision’s

precedent (how did it change American society?)

4) College Skills:Listening, note-taking, analytical thinking

Plessy v Fergusson 1896• Homer Plessy: was Creole, (mixed) a term used to

refer to black persons in New Orleans who traced some of their ancestors to the French, Spanish, and Caribbean settlers of Louisiana before it became part of the United States.

• Louisiana passed Separate Car Act, legally segregating common carriers in 1892

• A black civil rights organization (interest group) decided to challenge the law in the courts. Plessy deliberately sat in the white section and identified himself as black. He was arrested, case made it’s way to the Supreme Court.

• Q: Did the Act violate his 13th (“badge of slavery”) & 14th (equal protection) Amendment rights?

Historical Context: The end of Slavery…

• 1865, 13th amendment abolished slavery– "Neither slavery nor involuntary servitude, except as a punishment for

crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”

• 1867: “Radical Reconstruction”. – Republican (then liberal) led Congress removed civilian governments in

the South in 1867 and put the former Confederacy under the rule of the U.S. Army, to make sure Blacks could vote, even banned former Whites officials from running for office. However, by 1870, Democrats became majority in the house and push to extend rights to Blacks in the South ended.

• 1865: Birth of the Klu Klux Klan – Between 1865 and 1867, when white Democrats (then conservative)

controlled the government, whites murdered an average of one black person every day in Hinds County, Mississippi.

• 1876 - 1965 Jim Crow laws – Mandated de jure racial segregation in all public facilities in Southern

states of the former Confederacy

Hiram Revels, first African Amer. Senator, Mississippi 1870

Historical ContextAfrican American people deprived of the due process of law.This article, published in the January 4, 1890, issue of the Planet, an African American newspaper of the time, provides a listing of African Americans lynched in the South.Turn to an elbow partner and 1) Discuss the list…2) The image to the left3) What was going on in America and the South in the late 1800s before Plessy sat on the train car?

The DecisionMajority Opinion of the Court

• “We consider the underlying fallacy of the plaintiff’s argument …that the enforced separation of the two races stamps the colored race with a badge of inferiority. If this be so, it is …solely because the colored race chooses to put that construction upon it…”

-Chief Justice Henry Brown, Writing the majority opinion in Plessy v Ferguson 1896

Dissent…

• “In view of the Constitution, in the eyes of the law, there is in this country no superior, dominant, ruling class of citizens. There is no caste here. Our constitution is color-blind…. In respect of civil rights, all citizens are equal before the law.”

-Justice John Marshall Harlan’s sole dissent in Plessy v Ferguson 1896

PrecedentEstablishes “Separate but Equal”Doctrine

Legitimized segregation practices, made them ubiquitous

Legal Segregation for 67 years (until 1965 Civil Rights Act enforced full

ruling of Brown v. Board)

http://www.youtube.com/watch?v=o7Viboi_z5EThe Daily Oklahoman, 1907.How were Blacks depicted in this newspaper?What did the precedent set in Plessy allow to happen?

1948 Truman

desegregated Armed

Forces

Brown v Board of Education 1954

• Supreme Court Ruled the Segregation was “inherently unequal” • Decision was UNANIMOUS= very strong precedent• Equal Protection Clause: No person in US jurisdiction

shall be denied equal protection of the laws (14th Amendment)

• Precedent: reversed doctrine of separate but equal established in Plessey v Fergusson 1896. Equal Protection for racial minorities established. States had “to admit to public schools on a racially nondiscriminatory basis with all deliberate speed the parties to these cases.”

Brown v. Board of Education 1954• All states had to integrate schools, because of Supremacy Clause

(Article VI)…but not all states were willing to jump on board the idea of integration.

http://www.youtube.com/watch?v=2a32Uc1oP7s(Watch first 6 mins)

• Why did this Supreme Court Decision cause so much Controversy? • How is it an example of Federalism?• What Constitutional idea, amendment, or clause did the Supreme

Court Justices evoke in their ruling?• What was the historical context of this ruling?• How did this ruling change American society?

1960s• “Civil disobedience” and a decade of protest• Watts Riots 1969 (Redlining & “White flight” cause de jure

segregation in LA)• Cesar Chavez & the Chicano Movement 1960s• Police Brutality Rampant• Vietnam War (TV coverage for the 1st time)• Martin Luther Kings March on Washington 1963• Take back the Schools 1968 “East LA Walkouts”

– 1967 The Mexican American community--highest high school dropout rate and lowest college attendance among any ethnic group in CA.

– Poor facilities and underestimation of student capabilities by teachers created atmosphere hostile to learning

– East LA students staged a walkout demanding bilingual education, more Latino admins and teachers, text books to include Mexican American History)

• http://www.youtube.com/watch?v=Kd5hyurnra0• http://brainz.org/10-greatest-protests-20th-century/• http://www.history.com/topics/vietnam-war-protests/speec

hes#johnson-will-not-seek-re-election

• http://www.youtube.com/watch?v=mUc2eLe-ruI

Exit Ticket (10mins)Directions: For each question, use one piece of evidence minimum from today’s lesson and or court cases and at least.1) What were the legal questions and precedent in Plessy v

Fergusson?2) What were the legal questions and precedent in Brown v

Board of Education?3) What was the historical context of each case’s decision? 4) How did the two precedents set in these cases differ from one

another? 5) In addition to ruling based on the Constitution and precedent, does prevailing public opinion influence whether the Supreme Court accepts a case? How the Supreme Court ruled on the case? Explain.

Gideon v Wainwright 1963 • http://www.cbsnews.com/8301-33816_162-57574701/gideon-

v-wainwright-case-providing-defendants-an-attorney-turns-50/

• Florida burglar arrested and wasn’t given a lawyer• Indigent: poor, couldn’t afford a lawyer. Went to jail for 2 years

and begin to study the Constitution.Q: Did not being provided counsel violate his 6th Amendment right?• Set the precedent for…• Right to Counsel – 6th Amendment: “…to have the assistance of counsel for his defense…”No matter how little money you had, you were to beProvided a lawyer

Miranda v Arizona 1966• 1963 arrest of Phoenix resident Ernesto Miranda, who was charged with rape, kidnapping, and robbery. • Miranda, who had a history of mental instability, was not informed of his rights prior to the police interrogation. Q: Can evidence be used to convict someone if they didn’t know they could be silent? Does doing this violate the Due Process clause of the 14th and 5th Amendment?• in a 5-4 decision written by Chief Justice Earl Warren, ruled

– the police had failed to first inform Miranda of his right to an attorney and against self-incrimination.

– The Constitution's 5th Amendment, gives a criminal suspect the right to refuse "to be a witness against himself," and Sixth Amendment, which guarantees criminal defendants the right to an attorney.

• Precedent: Police had to inform accused of their 5th Amendment rights to remain silent, not be a witness against yourself

Rights of the Accused

• http://www.pbs.org/wnet/supremecourt/index.html

– What precedents were set in the Gideon and Miranda cases? Why are they significant?

– In regards to the 4th, 5th, & 6th Amendments, what is the significance of Justice Hugo Black statement that, “…these rights are suppose to make it more difficult to convict people.”

– What was the historical context of Miranda and Gideon? What was going on in America at the time? How did this influence the case?

Rodriguez v San Antonio 1973• San Antonio gave schools money based on property taxes• Edgewood group of concerned Parents, (headed by Rodriguez) sued the state of

Texas– Library books: North East had 9.42 books per student; Edgewood had 3.9 books per student– Teacher/Pupil Ratio: North East's ratio was 1/19; Edgewood's was 1/28– Dropout rate, secondary students: North East's rate was 8%; Edgewood's was 32%

Q: Did the unequal educational system/resource distribution violate the Equal protection Clause of the 14th Amendment?• Supreme Court ruled system was NOT unconstitutional • Chief Justice Lewis Powell led the 5-4 majority

– education was “neither ‘explicitly or implicitly’ protected in the Constitution.” He also found that Texas had not created a suspect class related to poverty. State could continue its school financing plan as long so it was “rationally related to a legitimate state interest.”

– Powell “Although the Court [in Brown v Board of Ed] was surely right to order desegregation, there are—there have to be—stopping points.” RODRIGUEZ was that stopping point.

• Precedent: Federal Gov’s job is not to make education equal for ALL

Regents of the University of California v. Bakke 1978

• Allan Bakke applied to University of California Medical School at Davis. He was rejected both times.

• The school reserved sixteen places in each entering class of one hundred for "qualified" minorities

Q: Did the UC Davis violate the Fourteenth Amendment's equal protection clause, and the Civil Rights Act of 1964, by practicing an affirmative action policy that resulted in the repeated rejection of Bakke's application for admission to its medical school?• Justice Lewis Powell

– university could use "race-conscious" factors in selecting its applicants in order to achieve the benefits of a "diverse student body.” But quotas did violate 14th amendment equal protection clause.

• Precedent: Weaker b/c it was split. No quotas

Reflection QsSupreme Court on Equality

• Compare the rulings in Brown v Board & Rodriguez v San Antonia. How were the precedents similar? Different?

• How were the cases above different and similar to Bakke?• How was the historical context of Brown v Board different from

Bakke and Rodriguez? Do you think this influenced how the court’s decision?

• What was the significance of Rodriguez and Bakke rulings? How did these rulings impact American society?

• If “preferential” treatment should not be given to certain groups, should we do away with FASFA? What about sports scholarships that give preference to often times able bodied, less academically prepared students?

• Does everyone have an equal opportunity to succeed? Should they?• Think about the following Data…

2012 Data

http://www.americanprogress.org/issues/labor/report/2012/07/12/11938/the-state-of-diversity-in-todays-workforce/

July 2001 and January 2002 a "field experiment" by NBER Faculty Research Fellows done to observe discrimination in workforce. Researchers responded to help-wanted ads in Chicago and Boston newspapers, they sent resumes with either African-American- or white-sounding names

Source: National Center for Education Statistics, 2009

Feminism and Women’s Rights 1960s-1970s

• http://www.youtube.com/watch?v=-wJlao3vJNY

• http://video.pbs.org/video/2336932877/

Roe v Wade• Roe v. Wade (1973) ruled unconstitutional a state law that banned abortions except to save the life of the mother. The Court ruled that the states were forbidden from outlawing or regulating any aspect of abortion performed during the first trimester of pregnancy, could only enact abortion regulations reasonably related to maternal health in the second and third trimesters, and could enact abortion laws protecting the life of the fetus only in the third trimester. Even then, an exception had to be made to protect the life of the mother.

http://video.pbs.org/video/2326536776/

Gay Rights…not over night

• http://nation.time.com/2013/03/26/pride-and-prejudice-an-interactive-timeline-of-the-fight-for-gay-rights/

United States v Windsor 2013• Edith "Edie" Windsor and Thea Spyer had been married in Canada. When Thea

died, Edith was required to pay estate taxes that a married widow would not have to have paid.

• USA’s DOMA-Defense of Marriage Act 1996, Federal law that allows states to define marriage as only between a man and woman & didn’t recognize Windsor and Spyer’s marriage. Edith had to pay over $300,000

Q: Can the states deny a certain group of people the right to marry? Does it violate 5th Amendment right to due process?• Justice Anthony Kennedy authored the majority opinion, joined by Justices

Ginsburg, Breyer, Sotomayor, and Kagan:– “…Under DOMA, same-sex married couples have their lives burdened…It

prevents same-sex married couples from obtaining government healthcare benefits they would otherwise receive…It deprives them of the Bankruptcy Code's special protections for domestic-support obligations…”

Precedent: Denying same sex couples the right to marry violates 5th Amendment due process clause (can’t “deprive any person of life, liberty, or property, without due process of law).