Chapter 5: Civil Liberties & Civil Rights - Quick Reference Notes

Civil Liberties vs Civil Rights

Civil Liberties are basic freedoms rooted in the Bill of Rights and the due process protections of the Fourteenth Amendment; they primarily restrict what the government can do to you. Civil Rights are protections from discrimination, rooted in the Fourteenth Amendment's equal protection and due process clauses; they protect you from discrimination by both the government and individuals.

Incorporation and the Fourteenth Amendment

The first ten Amendments were originally applicable to the federal government; through the Fourteenth Amendment they were gradually incorporated against the states. Key incorporation milestones include cases like Gitlow \text{ v. } New \text{ York (1925)} (freedom of speech), Near \text{ v. } Minnesota (1931) (freedom of the press), Mapp \text{ v. } Ohio (1961) (search and seizure), Gideon \text{ v. } Wainwright (1963) (assistance of counsel), and McDonald \text{ v. } Chicago (2010) (right to bear arms applies to states).

The First Amendment and Freedoms

The text: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." Core freedoms: Religion, Speech/Press, Assembly/Petition. Notable cases: New \text{ York Times Co. v. } Sullivan (1964) (public officials as fair game) and New \text{ York Times Co. v. United States (1971) (Pentagon Papers)}; Hague \text{ v. } CIO (1939) protected labor unions.

Right to Bear Arms (Second Amendment)

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." Rationale historically tied to independence and defense of liberty. Key rulings: District \text{ of } Columbia \text{ v. } Heller (2008) (individual right to possess firearms for self-defense in the home, with limits); McDonald \text{ v. } Chicago (2010) (Second Amendment applies to state and local governments via the Fourteenth Amendment).

Fourth, Fifth, Sixth, and Eighth Amendments; Miranda

  • Fourth: against unreasonable searches and seizures; warrants must be specific.

  • Fifth: habeas corpus, right to remain silent, protection against double jeopardy.

  • Sixth: speedy/public trial, trial by jury, right to an attorney.

  • Eighth: no cruel or unusual punishments.

  • Miranda \text{ v. } Arizona (1966): police must inform you of your rights.

Other Amendments: Third; Ninth and Tenth; Fifth (Property Rights); Seventh

  • Third: no quartering of soldiers in private homes.

  • Fifth: protection of property rights among others.

  • Seventh: jury trial in civil lawsuits.

  • Ninth and Tenth: rights not explicitly listed are retained by the people.

Thirteenth to Fifteenth Amendments; Voting Rights

  • Thirteenth (13^{\text{th}}): no slavery or involuntary servitude.

  • Fourteenth (14^{\text{th}}): citizenship, equal protection, due process.

  • Fifteenth (15^{\text{th}}): male suffrage.

  • Nineteenth (19^{\text{th}}): women’s right to vote.

  • Twenty-Fourth (24^{\text{th}}): prohibition of poll taxes.

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

  • Twenty-Sixth (26^{\text{th}}): voting age lowered to 18.

Civil Rights Movement: Milestones

Brown \text{ v. } Board \text{ of } Education (1954) declared that separate but equal has no place in public education. Rosa Parks’ refusal to surrender her seat (December 1, 1955) sparked the Montgomery Bus Boycott. Civil Rights Act of 1957 established Civil Rights Division in the Justice Department; desegregation in Little Rock in 1957 led to federal enforcement in 1958. The "I Have a Dream" march occurred on August 28, 1963. Civil Rights Act of 1964 outlawed discrimination based on race, color, religion, sex, or national origin. Selma to Montgomery March (March 7–25, 1965) protested voter suppression; Voting Rights Act of 1965 followed. Thurgood Marshall was appointed to the U.S. Supreme Court in 1967; Martin Luther King, Jr. was assassinated in 1968; Civil Rights Act of 1968 followed.

Jim Crow and Disenfranchisement

Disenfranchisement of African Americans through poll taxes, literacy tests, and Grandfather Clauses; Jim Crow laws enforced white supremacy in the South. The Supreme Court allowed "Separate but Equal" under the doctrine associated with Plessy \text{ v. } Ferguson (1896). The statement that the Constitution is color blind remained a dissenting view among justices like John Marshall Harlan in that era.

Civil Rights Legislation and Enforcement (1866–1875)

Civil Rights Act of 1866 granted citizenship to all persons born in the United States; Civil Rights Act of 1871 targeted racial violence by groups like the Ku Klux Klan; Civil Rights Act of 1875 prohibited discrimination in public accommodations but was later found unconstitutional in 1883 as Congress could not regulate private conduct; none of these early acts were properly enforced for many years.

Executive Orders, Redress, and Apologies

Executive Order 9066 (Feb 19, 1942) authorized internment of Japanese Americans; Endo \text{ v. } United \text{ States addressed habeas corpus concerns; Reagan Administration issued an apology in 1983.

The Declaration of Causes and Necessity of Taking Up Arms (1775)

The document argues that Americans took up arms to defend life, liberty, and property, illustrating a foundational rationale for gun ownership and resistance to tyranny.