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"The Bill of Rights was designed to meet the kindof human evils that have
emerged...wherever excessive power is sought by the few at the expense
of the many."
-Justice Hugo Black
Civil Rights• Protections against discriminatory
treatment (based on race, sex, beliefs, etc)
• The rights of individuals to receive equal treatment in a variety of settings(education, housing, employment, etc)
Civil Liberties
• The Constitutional protection of individuals against the government
• Basic freedoms protected by law from unjust governmental or other interference
Discussion Questions! In your groups:
4 Explain in your own words: Civil Liberties
4 Explain in your own words: Civil Rights
4 How are they similar? What's the difference?
4 What are some examples of each?
Protected in 5 ways:
1. The body of the Constitution
2. Laws passed by Congress
3. Supreme Court decisions
4. The Bill of Rights
5. Other amendments
1. The body of the Constitution:
No Bills of Attainder
No Ex-Post Facto laws
The Writ of Habeas Corpus
Bills of Attainder
• A legislative act that declares anindividual or a group guilty ofa crime and
• singles them out for punishment
without a trial
Ex-Post Facto Laws
• A law making an act illegal that was legal when committed
• A law that increases the penaltiesafter the crime has been committed
• A law that changes the rules of evidence to make conviction easier
Writ of Habeas Corpus
• Latin for "produce the body"
• Used to bring a prisoner before acourt to determine if the person's imprisonment or detention is lawful
• Idea is to keep government from imprisoning people unfairly
The Civil Rights Act of 1964
• Bans discrimination in places of public accommodation on basis of race, color, national origin, or religion (Title II)
• Prohibits employment discrimination on the same basis, but including sex
(Title VII)
The Civil Rights Act of 1968
• Bans discrimination in the sale orrental of housing on the basis ofrace, color, religion, or national origin
• Known as the "Fair Housing Act"• Prohibits "redlining"
The Voting Rights Act of 1965
• Required Justice Department to authorize "pre-clearance" for any changesin voting rules by Southern states
• Suspended literacy tests• Authorized federal oversight of registration
and voting in South
3. Supreme Court Decisions
Brown v Board of Education of Topeka (1954)
The Supreme Court ordered desegregation “with all deliberate speed”
Federal marshals were required toopen up schools in the South
The Equal Protection Clause of the
14th Amendment used in decision
4. The Bill of Rights
• Civil rights are protected by Amendment 5 and 14
• Civil liberties are protected by Amendments 1, 4, 5, 6, 7, 8 & 9
5. Other relevant amendments• 13th Amendment (1865)
States cannot allow slavery
• 15th Amendment (1868)
States cannot prohibit voting rights based on race
• 19th Amendment (1920) States cannot prohibit voting rights based on sex
5. More relevant amendments...
• 24th Amendment (1964)States cannot charge a poll tax
• 26th Amendment (1971)States cannot bar 18 year olds from
voting
Discussion Questions!
In your groups:
4 Review the 5 ways that civil liberties and rights are protected
4 Which way seems the most secure? the least secure? Why?
4 What are some rights that do not seem guaranteed yet? How could this change?
14th Amendment• Traditionally considered to be part
of the Bill of Rights
• Created a "brand new Constitution" after the Civil War (Justice Brennan)
• Greatly expanded the scope of civil rights in the Constitution
Why 14th Amendment?• Slavery existed for over 200 years
• Black Codes passed throughout South after the Civil War ended
• Extensive efforts to deny freed slaves any rights during Reconstruction
Radical Reconstruction• All former Confederate states stripped
of statehood
• New terms for being readmitted included ratifying the 14th and 15th Amendments
• Military officials in South enforced law
14th Amendment: Section 1 "All persons born or naturalized in the
U.S. are citizens of the United States..."
States cannot deny rights to anyoneborn in the U.S. due torace, ethnicity or national origin
Overturned Supreme Courtruling in Dred Scott v Sanford(1858)
14th Amendment: Section 1 "No state shall make any law
which shall abridge the privileges and immunities of the citizens of the U.S."
Repeats Article IV, Clause 2 (why?)
Protects a citizen's rights from unreasonable state action
Has not been effective in protectingrights
14th Amendment: Section 1 "...nor shall any state deprive any person
of life, liberty or property withoutdue process of law"
Similar to Due Process Clause of 5th Amendment, but applies to states|
Government must be fair in its actions:carrying out lawsthe laws themselves
14th Amendment: Section 1 "...nor deny to any person within its
jurisdiction the equal protection of the laws"
Forbids unreasonable discrimination by the states
Used to challenge race and sex-basedclassifications or discrimination
Basis for a wide variety of landmarkSupreme Court cases
Discussion Questions!
Due Process:
What due process rights should students have regarding suspensions and expulsion?
Equal Protection:
What are some compelling reasons to treat people differently due to their race? gender?
"Congress shall make no law..."
Barron v Baltimore (1833): The Bill of Rights only applies to thefederal government
Two systems of justice - one for the federal gov't and one for the states
Incorporation of theBill of Rights
• The 14th Amendment was written to extend the protections of the Bill of Rights to the states
• The Court refused this interpretation of the law in the Slaughterhouse Cases (1873)
Incorporation of theBill of Rights
• Eventually, the Court began using the Due Process Clause of the 14th Amendment to apply the Bill of Rights to the states.
• Gitlow v New York (1925): 1st Amendment rights incorporated
Discussion Questions!
• What is "incorporation"?
• How does this affect states?
• How does this affect citizens?
• What is the difference:4 total incorporation4 selective incorporation
• Which type did the Court choose? why?
Selective Incorporation!
• In Palko v Connecticut (1937), the Court rejected total incorporation
• The Court now decides on a case-by-case basis which parts of the Bill of Rights it wishes to apply to the states
Which rights are incorporated?
Everything except:4 keep and bear arms4 quarter troops4 grand jury indictment4 trial by jury in civil cases4 no excessive bail and fines
Why??
Key 14th Amendment cases
•Plessy v Ferguson (1896)•Gitlow v New York (1923)•Korematsu v United States (1944)•Brown v Board of Education (1954)•Loving v Virginia (1967)•U.C. Regents v Bakke (1978)
Plessy v Ferguson (1896)
Does "separate but equal" violate the 14th Amendment?
What did the Court say?
4 Yes 4 No
Why?
Plessy v Ferguson (1896)
Separate facilities do not violate the 14th Amendment as long as they are equal
Gitlow v New York (1923)
Do provisions of the Bill of Rights
apply to the states?
What did the Court say?
4 Yes 4 No
Why?
Korematsu v U.S. (1944)
Does the internment of persons of Japanese ancestry violate the 14th Amendment?
What did the Court say?
4 Yes 4 No
Why?
Korematsu v U.S. (1944)
The need to protect against espionage outweighed Korematsu's rights
Compulsory exclusion is justified during times of "emergency and peril"
Brown v Board of Education (1954)
Does "separate but equal" violate the 14th Amendment?
What did the Court say?
4 Yes 4 No
Why?
Brown v Board of Education (1954)
Separate educational facilities are inherently unequal School segregation violates the equal protection clause of the 14th A
Loving v Virginia (1967)
Do state laws against interracial marriage violate the 14th Amendment?
What did the Court say?
4 Yes 4 No
Why?
Loving v Virginia (1967)
State laws that ban interracial marriage violate the equal protection clause of
the 14th A.
U.C. Regents v Bakke(1978)
Do university affirmative action policies violate the 14th Amendment?
What did the Court say?
4 Yes 4 No
Why?
U.C. Regents v Bakke (1978)
Race may be considered as one
factor in college admissions
Schools may not use a quota system