Ch. 19 and 20: Civil Liberties and Civil Rights

19:1 Unalienable Rights

A Commitment to Freedom

Declaration of Independence “unalienable rights…life, liberty, pursuit

of happiness”

Constitution I:9 Powers Denied to Congress I:10 Powers Denied to the States Bill of Rights

Civil Liberties v. Civil Rights

Civil Liberties – protections against the government 5 Freedoms, fair trial, etc.

Civil Rights – positive acts of government that seek to make constitutional guarantees a reality for all people Can’t discriminate based on race, sex,

religion, etc.

Rights are Relative, NOT Absolute

No one in the U.S. has the right to do anything he or she pleases.

You cannot infringe upon others’ rights Ex: Free Speech-can’t incite a riot "The right to swing my fist ends where the other man's

nose begins." - Oliver Wendell Holmes

To Whom are Rights Guaranteed?

Citizens as well as Aliens (people who are not citizens of the country in which they live)

Restrictions on aliens Travel/freedom of movement-Internment Camps Voting, owning firearms

Federalism and Individual Rights

Provisions in the Bill of Rights apply against the National Government, not against the states

BUT, states can’t deny basic rights to people because.. Most states have their own Bill of Rights Due Process clause of 14th Amendment

14th AmendmentDue Process Clause

No state can deny to any person any right that is “basic or essential to the American concept of ordered liberty”

Process of Incorporation – The SC has Nationalized most of the Bill of Rights by incorporating them under the 14th Due Process Clause

Chart pg. 536

9th Amendment:Rights “Retained by the People”

You have rights beyond those set out in the Constitution.

Ex: the right of women to have an abortion without undue inference by the government.

States find ways to limit

Before Roe v. Wade 1973

 Red- Illegal Purple-Legal in case of rape Blue-Legal in case of danger to woman's health Green-Legal in case of danger to woman's health, rape or incest, or likely damaged fetus  Yellow-Legal on request

Parental Notification/Consent Required

Pink-   No parental notification or consent lawsPurple- One parent must be informed beforehand Light Blue- Both parents must be informed beforehand Medium blue- One parent must consent beforehandDark Blue- Both parents must consent beforehandLight Gray- Parental notification law currently enjoinedDark Gray- Parental consent law currently enjoined

Mandatory Waiting Periods

  Yellow- No mandatory waiting period  Blue- Waiting period of less than 24 hours  Red- Waiting period of 24 hours or more  Gray- Waiting period law currently enjoined

Mandatory Ultra SoundsBright Red- Mandatory. Must display image.Dark Red- Mandatory. Must offer to display image.Light Purple- Mandatory. Law temporarily unenforceable.Yellow- Not mandatory. Must offer ultrasound.Green- Not mandatory. If ultrasound is performed, must offer to display image.Gray- Not mandatory.

Mandatory Counseling

Light Blue-  No mandatory counselingMedium Blue- Counseling in person, by phone, mail, and/or other  Dark Blue- Counseling in person only  Gray- Counseling law enjoined

Abortion and “Trigger Laws”

Laws that would make abortion illegal within the first and second trimesters if Roe were overturn. Currently, 7 states have trigger laws and 2 other states have laws intending to criminalize abortion.

Another example of “Trigger Law” – illegal to clone people if/when the technology becomes available

“Fetal Homicide”

Blue-  "Homicide" or "murder".Yellow- Other crime against fetus.Gray- Depends on age of fetus.Green- Assaulting pregnant woman.

Conner’s LawLaci, Conner v. Scott Peterson

Current News: Colorado

http://denver.cbslocal.com/2015/03/30/fetal-homicide-bill-gets-new-attention-following-brutal-attack-on-pregnant-womantention-following-brutal-attack-on-pregnant-woman/

19:2 Freedom of Religion

Freedom of Expression

1st and 14th Amendments - two guarantees of religious freedoms1. “establishment of religion”

Establishment clause separation between church and state

2. “the free exercise of religion” No interference by govt. on religion right to hold one’s own religious beliefs

Ways Church and State are NOT Separated

Property and tithe exemptions Chaplains in the military Oath of office in the name of God Opening legislative sessions with

prayer Currency, Pledge, etc.

Student Religious Groups allowed in public schools?

1984 Equal Access Act –any public high school must allow student religious groups to meet in the school on the same terms that it sets for other student organizations Students allowed to hold meetings at

school, but school can’t sponsor the meetings

Aid to Parochial Schools??

Yes! w/o kids in private schools, public schools

expense increases Double tax burden No real church-state threat

No! Financial choice Religious beliefs affect nonreligious

subjects (Darwinism?)

19:3 Freedom of Speech and Press

Freedom of Speech and Press

1st and 14th – two fundamental purposes: 1. Guarantee to each person a right of free

expression, in the spoken and written language

2. Guarantee to all persons a full, wide-ranging discussion of public affairs

1st and 14th Amendments

1. Guarantees free speech/press to protect expression of unpopular views. Majority needs no constitutional protection

2. Freedom of speech/press not unbridled-reasonable restrictions

Limits on Speech and Press

Libel – the false and malicious use of printed words

Slander - false and malicious use of spoken words

Sedition – attempting to overthrow the government by force or to disrupt its lawful activities by violent acts

Seditious Speech – advocating, urging to overthrow the government

Shield laws – protection for reporters from having to disclose sources.

19:4 Freedom of Assembly and Petition

Freedom of Assembly and Petition

Assemble - to gather with one another to express their views on public matters

1st and 14th protect peaceful assembly and petition

Can’t: incite violence, block public streets/schools, endanger life, property or public order.

Content Neutral – Govt. can regulate assemblies on the basis of time, place, and manner, but cannot regulate assemblies on the basis of what might be said Can’t have a parade outside poll to influence election

Freedom of Assembly and Petition

Public Property Supreme Court requires advance notice and permits

be given (parade permits) Right to Demonstrate: KKK, Pro-Life? Can be denied

if threats to public safety Private Property

Cannot trespass on private property State supreme courts may interpret the provisions of

that State’s constitution “to allow reasonable exercise of the right to petition” on private property Ex: pro-Israeli pamphlets/petitions in a shopping

center

Freedom of Association

Right of association - guarantees the right to associate with others to promote political, economic, and other social causes

Boy Scouts of America- can exclude a person from membership when "the presence of that person affects in a significant way the group's ability to advocate public or private viewpoints"

Chapter 20 – Civil Liberties

Due Process Due Process – government must act fairly and in accord with established rules. Can’t act unfairly, arbitrarily, capriciously, or unreasonable 5th Amendment – no person shall be denied life,

liberty, or property without due process 14th Amendment- states cannot deny Bill of

Rights

Due Process

Substantive Due Process The “what” of govt. action (substance, policies) The laws themselves must be fair EX: Oregon can’t pass a law mandating kids go to

public school Procedural Due Process

The “how” of govt. action (methods, procedures) The govt. must act fairly Ex: Violation of Due Process with illegal search and

seizure

Why are Procedural and Substantive Both Necessary?

Police Powers

Authority of each state to act to protect and promote the public

1. health (alcohol, tobacco use, pollution) 2. safety (DUI, concealed weapons, seatbelts) 3. morals (gambling, prostitution) 4. general welfare (education, limit profits of

public utilities) Use of police powers often conflicts with

civil rights protections

4th Amendment Prohibits search and seizures without

Probable cause – reasonable suspicion of a crime

Search warrant – a court order authorizing a search

Search based on anonymous tip w/o other evidence? NO

In Plain View? YES Thermal imaging? NO Testing for drugs in unrelated hospital incident?

NO

Exclusionary Rule

Any evidence obtained in an illegal search and seizure cannot be used as evidence in a Court.

Gives “teeth” to 4th

Message to cops “as you enforce the law, obey the law”

Exceptions to Exclusionary Rule Inevitable discovery: tainted evidence can be

used in court if that evidence would have turned up no matter eventually under lawful means

“Good Faith” Ruling – if the officer thinks the warrant is valid and it later proves that it is not, the evidence CAN BE USED.

Prior Restraint

Govt. can’t place limits on spoken or written words before they are expressed unless its wartime, considered obscene, or incites violence

Rights of the Accused – 5th and 6th Amendments

Writ of Habeas Corpus – A Just Cause Hearing – usually within 72 hours Prisoner must be brought before the court to

discuss being released. Possible Evidence

No Ex Post Facto Law Cannot apply law retroactively

Right to an attorney – 6th No Self-incrimination – 5th

Rights of the Accused No Double Jeopardy – 5th Miranda Rule Right to Adequate Defense – 6th Grand Jury

Made up of 16-23 people who meet in secret and review evidence against the accused and if needed, will hand down an indictment (formal complaint)

Rights of the Accused – 8th Amendment No Excessive Bail No Cruel or Unusual Punishment

The Death Penalty States decide if they want it 5 acceptable methods

Gas chamber Electric chair Lethal injection Hanging Firing Squad

8th – No Cruel or Unusual Punishment

States decide what time to execute Georgia has the death penalty Alabama chair – “Yellow Mama” Florida and Georgia

”Old Sparky”

Treason

Only crime defined in the Constitution is Treason.