Basic Concepts of Civil Rights & Liberties

Basic Concepts of Civil Rights & Liberties

Similarities & Differences Civil Liberties vs. Civil Rights Terms are often used interchangeably but technically not correct Civil liberties- personal guarantees & freedoms that the federal government cannot abridge by law, constitution, or judicial interpretations Civil rights- the government protected rights of individuals against arbitrary or discriminatory treatment

Similarities & Differences Civil liberties use the Constitution to protect citizens FROM the government while civil rights are government protections from arbitrary or discriminatory treatment Example- free speech vs. voting rights Constitutional Connections Purpose of the Bill of Rights Limit government interference in the lives of citizens Protects citizens from the government Applicable Amendments

Incorporation Doctrine Interpretation of the Constitution that holds that the due process clause of the 14 th Amendment requires that state & local governments guarantee constitutional rights, not just the federal government Commonly referred to as selective incorporation Binds the Bill of Rights to the states as constitutional questions (court cases) are decided Not all amendments incorporated yet 3 rd Amendment

Freedom of Religion First Amendment Establishment Clause Free Exercise Clause Wall of separation Examples Jackson s Jesus Under God in Pledge Vandalia football game moved for Yom Kippur

Freedom of Speech & Press First Amendment Pure vs. symbolic speech Prior restraint/review Clear and present danger test Direct incitement test/fighting words Libel/slander

Freedom of Assembly First Amendment Equitable time, manner, and place restrictions on groups

Right to Privacy & Rights of the Accused Privacy- 1 st, 3 rd, 4 th, 9 th Amendments Implicit Right to privacy & reproductive issues 9 th Amendment The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people Roe v. Wade, Griswold v. CT Accused- 4 th, 5 th, 6 th, 7 th, 8 th Amendments Exclusionary rule 4 th & 5 th Amendment Illegally seized evidence & self-incrimination Mapp v. OH

Right of Due Process and Equal Protection Under the Law Due process- providing basic individual protections: Procedural due process Civil and criminal proceedings Substantive due process Protection against arbitrary & unjust laws- vague concept Incorporates the Bill of Rights

Right of Due Process and Equal Protection Under the Law 5 th Amendment- Due process rights Public hearing of accusation (grand jury) Double jeopardy Self-incrimination Eminent domain- just compensation 14 th Amendment- Equal protection clause No state shall make or enforce any law which shall abridge the privileges or immunities of citizens; 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.

Right of Due Process and Equal Protection Under the Law Other due process/equal protections: 4 th Amendment- Protection from search and seizure without a search warrant or probable cause 6 th Amendment A speedy public jury trial The right to an attorney Ability to call on witnesses for defense 7 th Amendment Jury trial for common (civil) law cases in excess of $20 8 th Amendment No excessive bail, fines, or cruel & unusual punishment

Impact of the Warren Court Background- Earl Warren, 1953-1969, Ike appointee, loose constructionist Decisions seen as protecting/expanding rights of citizens at the expense of the government Minorities Brown v. Board Baker v. Carr (Reynolds v. Simms, Wesberry v. Sanders) Rights of the accused Miranda v. AZ, Mapp v. OH, Gideon v. Wainwright First Amendment protections Engel v. Vitale Conservative backlash Nixon & silent majority