civil liberties & civil rights

43 M.C. & political cartoon

civil liberties

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* Protections against govt
* Guarantees of the safety of persons, opinions, property from arbitrary acts of govt
* Freedom of religion, speech, fair trial

civil rights

Often associated with positive acts of govt that seek to make constitutional guarantees a reality for all people

* Laws against discrimination based on race, sex, religious beliefs (Civil Rights Act 1964)

civil liberties protected by the Bill of Rights

Freedom of religion, speech, fair trial

When the Bill of Rights was ratified in 1789, the amendments protected civil liberties infringement from which levels of government?

national government

Supreme Court attempts to balance the power of the government while still protecting individual liberties

Individual freedom with public order and safety

Majority and minority rights

USA patriot act

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* Provides for greatly increased governmental powers to combat domestic & international terrorist activities
* Major provisions in 3 broad areas:
* Surveillance & investigation
* Immigration
* Financing of terrorists groups

Due process and the rights of the accused

Due process and the right to privacy

Establishment Clause

Free exercise clause

Freedom of speech

Limitations

2nd amendment

4th amendment

Exclusionary rule

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*  Evidence gained as a result of an illegal act by police cannot be used at the trial of the person from whom it was seized.

Schenck v. U.S.

Seditious words can be outlawed if they present a “clear and present danger”

New York Times Company v. United States

Protection against having to disclose their sources of reveal other confidential information

Prior restraint only in war, obscenity, or incitement to violence

District of Columbia v. Heller

Strict gun control ordinance in D.C. was overturned

* The 2nd forbids “the absolute prohibition of handguns held & used for self-defense in the home”
* Does not overrule “long-standing prohibitions of firearms by felons or the mentally ill or laws forbidding the carrying of firearms in sensitive places such as schools or government buildings, or laws imposing conditions or qualifications on the commercial sale of arms.”

5th amendment

Double jeopardy

double jeopardy

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* Intended to ensure fair trials in the federal courts
* Once a person has been tried for a crime, he/she cannot be tried again for that exact same crime
* However,
* You can be tried in federal & state courts if you violate both federal & state laws in a single act
* A single act can also result in several criminal charges
* If a jury cannot agree on a verdict (hung jury), there is no jeopardy
* Appeals are not instances of double jeopardy either

6th amendment

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* Speedy & public trial
* Impartial jury
* Adequate defense
* Informed of nature & cause of accusation
* Confront witnesses
* Subpoena favorable witnesses
* Assistance of counsel

14th amendment

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Citizenship Rights, Equal Protection, Apportionment, Civil War Debt.

selective incorporation

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* to limit state regulation of civil rights and liberties

due process clause

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* protects the rights of the accused, but it also makes ensuring national security and public safety more difficult 

affirmative action

a set of procedures designed to; eliminate unlawful discrimination among applicants, remedy the results of such prior discrimination, and prevent such discrimination in the future

engel v. vitale

ruled that it is unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools, due to violation of the First Amendment

McDonald v. chicago

found that the right of an individual to "keep and bear arms", as protected under the second amendment

gideon v. wainwright

* An attorney must be provided 


* Right to know what you are being charged 
* Right to call witnesses 
* Right to face your accuser
* Intended to prevent the cards from being stacked in favor of the prosecution

shaw v. reno

was a landmark United States Supreme Court case in the area of redistricting and racial gerrymandering.

grutter v. bollinger

was a landmark case of the Supreme Court of the United States concerning affirmative action in student admissions

brown v. board of education

which ruled that U.S. state laws establishing racial segregation in public schools are unconstitutional, even if the segregated schools are otherwise equal in quality

What is the difference of a warrant of a car and a house?

A car is movable and the warrant

“In 1890, Louisiana enacted a law that required separate railway cars for black people and for white people. Homer Plessy took a seat in a “whites only” train. He refused to move to the car reserved for black people and was arrested. In *Plessy v. Ferguson* (1896), the Supreme Court ruled in a 7-1 vote to uphold the Louisiana law.”

**Which of the following constitutional clauses does this case have in common with** ***Brown v. Board of Education*** **(1954)?**

the equal protection clause

**Which statement accurately summarizes the impact of the** ***Brown v. Board of Education*** **(1954) decision?**

It protected African-American rights to attend any public school and ruled that race-based school segregation unconstitutional