AP AMERICAN GOVERNMENT Unit Six Civil Rights and Civil Liberties Part I: Incorporation 2 1 Unit 6: The Bill of Rights The Basis of Our Civil Liberties First Amendment Freedoms Property Rights Due Process Rights Privacy Rights Rights of Criminal Suspects Protecting Our Civil Liberties in an Age of Terror: Whose Responsibility? Chapter Outline and Learning Objective The Basis for Our Civil Liberties 6.1Trace the roots of civil liberties in the Constitution and the Bill of Rights. First Amendment Freedoms 6.2 Outline the First Amendment freedoms and the limits on them. Property Rights 6.3 Explain how the Constitution protects property rights. Due Process Rights 6.4 Distinguish between procedural and substantive due process. Rights of Criminal Suspects 6.5 Characterize the constitutional rights of criminal suspects Implied Rights 6.6 Assess the constitutional right to privacy.. Protecting our Civil Liberties in an Age of Terror 6.7 Evaluate the roles of institutions and the people in protecting civil liberties. Back to learning objectives 1
Civil Liberties Civil Liberties Negative Rights Speech, Press, Religion, Assembly, Guns, Privacy, Amendments 1 3, and 9 Article I, Section 9 Civil Rights Civil Rights Positive Rights Due Process, Jury, Lawyer, Equal Protection Amendments 4 8, 14 and 15 Article IV, Section 2 The Bill of Rights The first ten amendments to the US Constitution Adopted December 15, 1791 Draws influence from the Magna Carta (1215) and the English Bill of Rights (1689), Amendment I Guarantee against establishment of religion Guarantee of free exercise of religion Guarantee of freedom of speech Guarantee of freedom of the press Guarantee of freedom of assembly Right to petition for redress of grievances Guarantee of freedom of association Back to learning objectives 2
Amendment II Right to keep and bear arms Amendment III Freedom from quartering of soldiers Amendment IV No Unreasonable search and seizure Requirement for a Warrant Amendment V Right to indictment by a grand jury Protection against double jeopardy Privilege against self-incrimination Protection against taking of private property without due process and just compensation Amendment VI Right to a public and speedy trial Right to trial by impartial jury Right to notice of accusations Right to confront adverse witnesses Right to compel witness testimony Right to assistance of counsel Back to learning objectives 3
Amendment VII Right to jury trial in civil cases Amendment VIII Protections against excessive bail and excessive fines Protection against cruel and unusual punishments Amendment IX The enumeration in the Constitution of certain rights does not deny the existence of other rights. Amendment X The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states or to the people. Back to learning objectives 4
Bill of Rights The Supreme Court held the Bill of Rights only restricted the federal government. Importance: The freedoms guaranteed by the Bill of Rights did NOT apply to state governments. The 14 th and 15 th Amendments change this... The 14 th Amendment (1868) All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Ratification July 9, 1868 The 14 th Amendment (1868) The clauses of the 14 th amendment: Granted citizenship to all persons born in the U.S. Guarantees due process to all citizens. Entitled all citizens to equal protection. States cannot restrict fundamental rights. Back to learning objectives 5
The Fifteenth Amendment The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. The Congress shall have power to enforce this article by appropriate legislation. Ratification completed on February 17, 1870 Burlington Railway v Chicago, 1897 FACTS The city of Chicago planned to widen a street by taking land owned by a railroad company. Illinois law said that when the government took property for public use, a jury would decide the amount to be paid to the owner. Burlington Railway v Chicago, 1897 5 TH Amendment No one is to be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. Justice Black versus Justice Cardozo Back to learning objectives 6
Justice Black Mechanical Incorporation Immediate application of Amendments 1 8 to the states based on Privileges and Immunities Clause of the 14 th Amendment Activist Ruling Justice Cardozo Incremental Incorporation Gradual application of Amendments 1 8 to the states Based on 10 th Amendment Due Process Clause of the 14 th Amendment Limitations on court rulings to specific case at hand Strict Ruling Selective Incorporation Justice Cardozo wins, but entire court agrees on Automatic Incorporation Any unenumerated rights implied under interpretations of the 9 th Amendment apply to both Federal and State governments Back to learning objectives 7
Selective Incorporation First Amendment Establishment of Religion Everson v. Board of Education, 1947 Free Exercise of Religion Cantwell v. Connecticut, 1940 Freedom of Speech Gitlow v. New York, 1925 Freedom of the Press Near v. Minnesota, 1931 Freedom of Assembly DeJonge v. Oregon, 1937 Petition for Redress of Grievances Edwards v. South Carolina, 1963 Freedom of Association NAACP v. Alabama 1958 The Court implied this from freedoms of speech and assembly" Right to marry Virginia v Loving INCORPORATION PRESENTATION Working in teams of four, you are to make a short video explaining the facts and importance of an important Supreme Court decision using the guidelines of an accepted television or film genre. Your video will be shown and discussed in class, and all videos will be made available for viewing on You Tube as preparation for the Final and the AP Exam. CASE NOTES Use OYEZ (http://www.oyez.org/) as your primary source of information on the court case. You must include in your video the following information about your case: 1. Name of the Case 2. Year of the Case 3. Appellant 4. Apellee 5. Facts of the Case 6. Decision of the Lower Court 7. Legal Aspects of the Case the reasons why the Supreme Court granted cert which Constitutional right is in dispute. 8. Decision of the Supreme Court 9. The Rule of Precedent Your CASENOTE is due at the beginning of class on Monday, November 24! Back to learning objectives 8
THE SCRIPT Use AMC website (http://www.filmsite.org/filmgenres.html), IMDB, or AFI as your primary source of information on GENRE. 1. Use Plotbot (http://www.plotbot.com/) or another script program to start your script. the basic script for the five segments of the video: Introduction, Development, Climax, Resolution, Conclusion 2. Include the basic information about your court case in your script in some creative fashion that utilizes your assigned GENRE effectively and appropriately. 3. Your video must be between 2 and 3 minutes long, and must have a short closing with the name of the case and a short synopsis of the Rule of Precedent from the case. Your script will be due before you may begin filming! Your completed video is due Wednesday, December 3 Go over case brief format Introduce script and genre Show wheel of genre Show previous videos Spin wheel Approve briefs Move on go home Back to learning objectives 9