Unit 3: Civil Liberties and Civil Rights Study Guide
Unit 3 Overview: Civil Liberties and Civil Rights
Exam Weighting: This unit represents of the multiple-choice exam.
Foundational Protections: The U.S. Constitution protects the civil liberties and civil rights of citizens primarily through the Bill of Rights and the Fourteenth Amendment.
Core Debate: There has been a long-standing debate regarding the extent of these protections versus the necessity to protect the safety and general welfare of individuals.
Method of Change: Citizens have attempted to restrict the government from infringing on individual rights and denying equal protection under the law through several avenues: - Social movements. - Legal challenges. - Acts of Congress.
Key Vocabulary and Constitutional Principles
Establishment Clause: Contained in the 1st amendment, it prohibits the U.S. gov't from establishing an official religion or favoring one religion over another.
Free Exercise Clause: Contained in the 1st amendment, it protects individuals' right to practice their religion freely without gov't interference.
Equal Protection Clause: A provision of the 14th amendment requiring states to provide equal protection under the law to all people within their jurisdictions.
Clear and Present Danger Doctrine: A legal principle that allows for limits to be placed on free speech if that speech presents a clear and present danger to public safety.
Selective Incorporation: The legal process by which the Supreme Court applies most Bill of Rights protections to the states through the 14th amendment.
Commerce Clause: Found in Article 1 Section 8, it grants Congress the power to regulate interstate and foreign commerce.
Jim Crow Laws and Segregation: State and local laws that enforced racial segregation in the Southern U.S. from the late 19th century until the civil rights movement.
Civil Rights Act of 1964: A landmark federal law that outlawed discrimination based on race, color, religion, sex, and national origin.
Voting Rights Act of 1965: A federal law prohibiting racial discrimination in voting, with a particular focus on areas with a historical record of such discrimination.
Writ of Habeas Corpus: A legal order that requires authorities to justify the detention of a person in Wuit; it serves as a protection against unlawful imprisonment.
Majority-Minority Districts: Electoral districts that are drawn specifically to ensure a majority of voters belong to a racial or ethnic minority group, thereby enhancing political representation.
Privacy Rights: Legal protections regarding individuals' personal information and their autonomy from government intrusion.
Comparison of Civil Liberties and Civil Rights
Civil Liberties
Definition: These are constitutional protections against gov't actions, ensuring individual freedoms.
Examples: Freedom of Speech, right to privacy, fair trial, and freedom from cruel and unusual punishment.
Who it limits: The Government.
Who it benefits: All US Citizens.
Civil Rights
Definition: Positive actions taken by the gov't to protect individuals from discrimination and ensure equal treatment under the law.
Examples: The right to vote, the prohibition of racial segregation, and access to public accommodations.
Who it limits: The Government.
Who it benefits: disadvantaged groups.
The 1st Amendment
Full 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."
Structural Breakdown: The amendment consists of 1 sentence, 45 words, and guarantees 5 rights.
Scope of Protection: While rights like freedom of speech are guaranteed by the Constitution and the Bill of Rights, the Constitution originally only prevented the federal government from infringing on rights. It did NOT specifically stop state & local governments from infringing on rights.
The 14th Amendment (1868)
Context: Often referred to as the "Second American Revolution," it empowers the national government and establishes that all citizens are equal in rights regardless of location.
Full Text: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
Due Process Clause: This clause of the 14th Amendment states that the same rules stopping the national government from restricting rights apply to the states as well.
Equal Protection Clause: This clause mandates that the rights of all citizens are equal and protected, no matter what state an individual is in.
Letter from a Birmingham Jail
Author: Martin Luther King Jr. (mlk jr).
Summary of Arguments: King defends the use of nonviolent protest. He argues that unjust laws must be broken in order to expose and challenge racial injustice, and he urges the necessity of immediate action.
Civil Liberties and Civil Rights Court Cases
Schenck v the US
Facts of the Case: Charles Schenck distributed anti-draft leaflets during WWI urging military draft.
Constitutional Issue & Summary: The SCOTUS upheld Schenck's conviction under the Espionage Act. The court established the "clear and present danger" test as a means to limit Free Speech.
Brown v Board of Education
Facts of the Case: This case Struer down school segregation, specifically addressing students who were denied from white school.
Constitutional Issue & Summary: The court ruled that the 14th amendment requires equal protection.
Baker v Carr
Facts of the Case: The case involved a challenge to legislative districts.
Constitutional Issue & Summary: The court ordered fair legislative districts and established the principle of "one person, one vote" under the 14th amendment.
Engel v Vitale
Facts of the Case: Centered on the practice of prayer in public schools.
Constitutional Issue & Summary: The court banned school-led prayer, ruling that the 1st amendment prohibits state-sponsored religion.
Gideon v Wainwright
Facts of the Case: Clarence Gideon was convicted of a felony in Fl w/out lawyer.
Constitutional Issue & Summary: The court ruled that the 6th amendment applies to state court through the 14th's due process clause.
Tinker v Des Moines
Facts of the Case: Students wore black arm bands to school to protest vietnam war and were suspended.
Constitutional Issue & Summary: The court ruled that the 1st amendment protects student speech.
NY Times v the US
Facts of the Case: The Nixon administration sought to prevent NYTimes and Washington Post from publishing the Pentagon papers.
Constitutional Issue & Summary: The court ruled that the 1st amendment blocks prior restraint.
Wisconsin v Yoder
Facts of the Case: Amish parents refused to send their children to public school past 8th grade, citing religious beliefs.
Constitutional Issue & Summary: The court ruled that the 1st amendment protects religious practice.
Shaw v Reno
Facts of the Case: NC created a majority Black congressional district w/irregular shape intended to enhance black represent.
Constitutional Issue & Summary: The court ruled that the 14th amendment bars race-based district drawing.
Citizens United v FEC
Facts of the Case: Involved the regulation of political spending by organizations.
Constitutional Issue & Summary: The court allowed corporate political spending, ruling that the 1st amendment protects corporate speech.
McDonald v Chicago
Facts of the Case: Chicago banned handgun possession. McDonald challenged the ban after his home was burglarized.
Constitutional Issue & Summary: The court ruled that the 2nd amendment applies to states via the 14th amendment.
Civil Rights Movements
African Americans
Goals: To end segregation and achieve legal equality.
Notable Groups + Leaders: NAACP, SCLC, Black Panthers, and MLK JR.
Landmark Court Cases: Brown v. Board of Education.
Landmark Policy: Civil Rights Act (1964) and Voting Rights Act (1965).
Equality Today?: There has been civil rights progress in legal equality.
Women
Goals: To achieve legal, economic, and social equality.
Notable Groups + Leaders: Susan B. Anthony.
Landmark Court Cases: Roe v. Wade.
Landmark Policy: 19th Amend. (Suffrage) and Title IX.
Equality Today?: There have been significant legal gains.