Unit 3--Civil Liberties, Civil Rights

Civil Liberties and Civil Rights

• Constitutional Context

  • Civil liberties and civil rights are protected through the Constitution, especially the Bill of Rights and the 14th Amendment.

  • Citizens and groups have worked to limit government action infringing on individual rights and denying equal protection under the law.

  • The Court sometimes prioritizes public order, sometimes individual freedoms.

Learning Objectives

• Students will be able to:

  • Explain how the U.S. Constitution protects individual liberties and rights.

  • Describe the rights protected in the Bill of Rights.

Understanding Civil Liberties

• Definition

  • Civil Liberties are constitutional protections against government actions, primarily found in the Bill of Rights.

Understanding Civil Rights

• Definition

  • Civil Rights are protections against discrimination based on characteristics such as race, gender, or religion.

Historical Context of the Bill of Rights

• The Bill of Rights was added to appease Anti-Federalists' concerns about individual liberties.

• The Bill includes specific restrictions on the federal government to ensure the protection of individual rights.

Civil Liberties in the Bill of Rights

• Civil Liberties Components

  • Amendments 1-4: Guarantee individual liberties (e.g., freedom of speech, religion).

  • Amendments 5-8: Protections for those accused of crimes (e.g., right to counsel, protection against double jeopardy).

  • Amendments 9 and 10: Recognition of additional liberties retained by the people or reserved to the states.

Specific Rights in the Bill of Rights

• First Amendment: Freedom of religion, speech, press, assembly, and petition.

• Second Amendment: Right to bear arms.

• Third Amendment: Prohibition against quartering soldiers in homes.

• Fourth Amendment: Protection against unreasonable searches and seizures, requiring probable cause for warrants.

• Fifth Amendment: Rights regarding legal proceedings, including due process and protection from self-incrimination.

• Sixth Amendment: Right to a speedy and public trial, impartial jury, and legal counsel.

• Seventh Amendment: Right to a jury trial in civil cases.

• Eighth Amendment: Protection against cruel and unusual punishment.

• Ninth Amendment: Clarifies that the enumeration of certain rights in the Constitution does not deny others retained by the people.

• Tenth Amendment: Powers not delegated to the federal government are reserved to the states.

Significant Court Cases

• Barron v. Baltimore (1833)

  • Established that the Bill of Rights only restricts federal government, not states.

  • Set precedent on the non-applicability of the Bill of Rights to state governments until after the Civil War.

Fourteenth Amendment and Its Implications

• Due Process Clause: No state shall deprive any person of life, liberty, or property without due process of law.

• Equal Protection Clause: States cannot deny any person within their jurisdiction the equal protection of the laws.

Selective Incorporation Theory

• Courts apply the Due Process Clause to incorporate rights from the Bill of Rights to protect citizens against state governments' actions.

• Example: Gideon v. Wainwright (1963) incorporated the right to counsel at the state level.

Ongoing Civil Rights Issues

• Civil Rights Act of 1964: Outlawed discrimination in public accommodations and employment.

• Voting Rights Act of 1965: Eliminated racial discrimination in voting.

• Affirmative Action and ongoing debates about equality of opportunity vs. results are central issues in modern civil rights discussions.

• Bakke v. Regents of California (1978): Addressed affirmative action and the use of race in college admissions, declaring strict quotas unconstitutional.

Key Amendments and Court Rulings Affecting Individual Liberties

• Each amendment reflects the evolving interpretation of liberties and the extent to which they apply against both federal and state governments.

• Example cases include: Gitlow v. New York (1925), Mapp v. Ohio (1961), Roe v. Wade (1973) which address various aspects of civil liberties in context.