CIVIL RIGHTS & CIVIL

RESPONSIBILITIES

Chapter 18

Where do people get the idea that they should have liberty?

Genesis Romans 8:21 Galatians 5:1, 13 Psalm 119:45 Jeremiah 34:15

God is the ultimate source of liberty.

Civil Rights vs. Civil Liberties Civil liberties - natural rights, individual

rights, granted by God, inherent in humanity

Civil rights – rights and privileges granted and protected by government

Civil Rights vs. Civil Liberties Civil rights involves the rights

guaranteed to U.S. citizens and residents by legislation and by the Constitution and has traditionally revolved around the basic right to be free from unequal treatment based on certain protected characteristics (race, gender, disability, etc.) in settings such as employment and housing.

Civil Rights vs. Civil Liberties Civil liberties concern basic rights and

freedoms that are guaranteed -- either explicitly identified in the Bill of Rights and the Constitution, or interpreted through the years by courts and lawmakers, recognized as inherent in every person.

Civil Rights vs. Civil Liberties The government protects citizens’ civil

rights from other people treating them unequally.

The Constitution protects citizens’ individual freedoms from government.

Civil Liberties

Freedom of Religion

Freedom of Speech

Freedom of the Press

Freedom of Assembly

Freedom to Petition

Freedom of Association

Freedom to be secure in your person, place, effects?

Freedom of Religion

What is freedom of religion?

Where is this freedom guaranteed?

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.”

Establishment Clause

“Congress shall make no law respecting

an establishment of religion…”

What does this mean?

Establishment Clause

States vs. Federal Government Need for morality Fed government established the position

of chaplain in the Army and in the Congress.

Fed government established tax exemptions for religious organization.

Fed government cannot establish a church or tie itself to a particular church.

Eventually states dismantled their state churches.

Bible reading was acceptable in schools Released-time programs for bible

courses were acceptable State funded busses to transport

students to Catholic after-school religious education programs.

Complications

Early America: Puritans, Methodists, Anglicans, Presbyterians, Lutherans, Quakers, Catholics

Modern America: Various Christian denominations, Buddhists, Muslims, Mormons (LDS), Atheists, Hindus, etc.

1960s and forward

The 1960s brought dramatic changes to the understanding of the relationship between the State (government) and churches (religious institutions).

Supreme Court recognized a complete “wall of separation” between church and state.

Engel v. Vitale (1962) forbade teacher-led prayers in public schools.

Bible reading was also declared unconstitutional.

Student-led prayer at school events was ruled unconstitutional in 2000. (Santa Fe ISD vs. Doe) http://en.wikipedia.org/wiki/Santa_Fe_Independent_School_Dist._v._Doe

Free Exercise Clause

“Congress shall make no law …..prohibiting the free exercise thereof.”

Freedom of conscience means a person may believe whatever he chooses, and he may also ACT on those beliefs.

Government cannot interfere with a person’s practice of his faith. Limits?

Limitations onFree Exercise Morality: Reynolds v. United States

(1879) prohibited polygamy.○ What about failing to salute U.S. flag, smoking

“peace pipe” ???

Public Safety: What about human sacrifice?

Freedom of Speech & Press What is freedom of speech?

Why is freedom of speech important to the success of a free society?

Limitations of Speech

1. Threats to public safety – Schenk v. U.S. “clear & present danger”

2. Speech with intent to overthrow the government or endanger national security – Smith Act 1940

3. Speech that damages a person’s reputation or property – slander v. libel

4. Obscenities – very nebulous today

Speech on businesses may also be limited – tobacco advertising restrictions.

Symbolic Speech

Expression of ideas through actions instead of words.

Ugly speech is still protected.

Obama lynching

Palin lynching

Freedom of Assembly & Petition

“Congress shall make no law…abridging…the right of the people peaceably to assemble and to petition the government for a redress of grievances.”

Peaceful demonstrations Circulate petitions Write letters Limited by time/place laws

Freedom of Association

For private groups Not government or businesses

Civil Rights

The basic right to be free from unequal treatment based on certain protected characteristics

Women’s Rights March

Rosa Parks

Martin Luther King, Jr.

Right of Privacy

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…” (4th Amendment)

Is the right of privacy implied or enumerated?

What does your textbook say? What do you think?

“The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.” –Ninth Amendment

Right of Privacy

The Supreme Court has indeed implied some behaviors as privacy issues.

Is privacy protected? What about contraception? Griswold v.

Connecticut What about abortion? Roe v. Wade What about sex outside of marriage?

(fornication, adultery) What about the record of books you check

out from the library? What about your medical records? What about being searched before you

board a plane?

Civil Rights and Due Process

“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 law.”

(Fourteenth Amendment)

What is due process?

Substantive due process – The substance of laws must protect a person’s basic freedoms.

Procedural due process – Law enforcement and the judicial system must follow proper procedures.

Before the 14th amendment was passed, the Bill of Rights was applied only to the federal government. The states were not subject to the Bill of Rights.

That’s how they were able to keep slaves, put people in jail for not going to church, have state churches, shut down newspapers, etc.

Today the 14th amendment requires that state laws must conform to the Constitution, federal laws, and rulings of the Supreme Court.

Effects of applying Bill of Rights to States: 1. Enhanced the power of the judiciary 2. Altered the nature of the federation 3. Enlarged the scope of constitutional

rights

Security Rights

The Right to Bear Arms No forced quartering of troops No Unreasonable Searches (privacy) –

A probable cause (that a crime has been committed) must exist for a search or seizure.

If a person wants his privacy upheld, he must ask for a search warrant.

Search Warrants

Police must provide a judge with probable cause to get a search warrant.

If a person fails to assert his privacy rights, he may be searched without a warrant.

Search Warrants

In some cases search warrants aren’t required.When a proper arrest is made.When contraband is suspected in a vehicle.When a person runs from the police.When evidence is in danger of being

destroyed.When the owner gives his consent to be

searched.When property has been abandoned (trash).

Search Warrants

Drug tests are allowed without a warrant for students and employees.

The USA Patriot Act allows for more information to be obtained without a warrant.

Exclusionary Rule: Mapp v. Ohio held that evidence obtained illegally is inadmissible in court.

Procedural Rights

Innocent until proven guilty. Grand jury indictment required if federal

crime. No double jeopardy. Not required to testify against oneself. Miranda rights Cannot be deprived of life, liberty, or

property without a fair and proper trial.

Miranda v. Arizona 1966

1. Right to remain silent 2. What he says can be used against

him 3. Right to an attorney, provided by state

if necessary 4. Right to end police questioning.

Other Procedural Rights

Right to a speedy and public trial. Right to trial by jury of peers. In a criminal case, a jury must be

unanimous to convict. Reasonable bail Protected from “cruel & unusual

punishment.”

Capital Punishment

Death penalty must be specific and consistently applied.

Murder, treason, espionage, rape of a child under a certain age, etc.

Other Procedural Rights

Writ of Habeas Corpus – a defendant must be released unless he is charged with a crime and brought to trial (cannot hold a person for long without charges)

Bill of attainder – ILLEGAL to punish someone without a trial.

Ex post facto laws – ILLEGAL to apply laws to past acts.

Voting Rights

Fifteenth amendment – all white and black men vote

Nineteenth amendment – women vote Twenty-sixth amendment – 18 to 21

year olds vote

Voting Requirements

Satisfy a minimum residency requirement in one’s state (30 days, typically)

Register with state of residency – identifies qualified voters, prevents voter fraud

Requirements that have been banned Literacy tests Poll taxes

Civil Rights extended to Blacks

Brown v. Board of Education – segregated schools violate 14th amendment

Rosa Parks – civil disobedience, bus seating

Martin Luther King, jr. Non-violent disobedience of laws, Montgomery Bus Boycott

Law enforcement filmed brutalizing non-violent demonstrators.

Selma to Montgomery March http://www.youtube.com/watch?

v=sc6mMRUi_Xg&feature=related

Equal rights and equal opportunity versus equality of condition

“The attempt to make evil appear good by giving it an agreeable name is nothing new. God warned in Isaiah 5:20, ‘Woe unto them that call evil good, and good evil.’ When homosexuals call sin a ‘sexual preference’ or abortionists describe destroying unborn life as a ‘choice,’ they call evil good.”

Sin is the worst form of bondage. True liberty is found in Christ alone. How?