Basic Concepts of Civil Rights & Liberties

Similarities & DifferencesCivil Liberties vs. Civil Rights

Terms are often used interchangeably but technically not correct

Civil liberties- personal guarantees & freedoms that the federal government cannot abridge by law, constitution, or judicial interpretationsCivil rights- the government protected rights of individuals against arbitrary or discriminatory treatment

Similarities & DifferencesCivil liberties use the Constitution to protect citizens FROM the government while civil rights are government protections from arbitrary or discriminatory treatment

Example- free speech vs. voting rightsConstitutional Connections

Purpose of the Bill of Rights• Limit government interference in the lives of citizens• Protects citizens from the government

Applicable Amendments

Incorporation DoctrineInterpretation of the Constitution that holds that the due process clause of the 14th Amendment requires that state & local governments guarantee constitutional rights, not just the federal government Commonly referred to as selective incorporationBinds the Bill of Rights to the states as constitutional questions (court cases) are decidedNot all amendments incorporated yet

3rd Amendment

Freedom of ReligionFirst Amendment

Establishment ClauseFree Exercise ClauseWall of separation

Examples“Jackson’s Jesus” “Under God” in PledgeVandalia football game moved for Yom Kippur

Freedom of Speech & PressFirst Amendment

Pure vs. symbolic speechPrior restraint/reviewClear and present danger testDirect incitement test/fighting wordsLibel/slander

Freedom of AssemblyFirst Amendment

Equitable time, manner, and place restrictions on groups

Right to Privacy &Rights of the Accused

Privacy- 1st, 3rd, 4th, 9th AmendmentsImplicit

Right to privacy & reproductive issues9th Amendment

• The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people

Roe v. Wade, Griswold v. CT

Accused- 4th, 5th, 6th, 7th, 8th AmendmentsExclusionary rule

• 4th & 5th Amendment Illegally seized evidence & self-incrimination

• Mapp v. OH

Right of Due Process and Equal Protection Under the LawDue process- providing basic individual protections:

Procedural due process • Civil and criminal proceedings

Substantive due process • Protection against arbitrary & unjust laws- vague concept

Incorporates the Bill of Rights

Right of Due Process and Equal Protection Under the Law5th Amendment- Due process rights

Public hearing of accusation (grand jury) Double jeopardySelf-incriminationEminent domain- just compensation

14th Amendment- Equal protection clauseNo state shall make or enforce any law which shall abridge the privileges or immunities of citizens; 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.

Right of Due Process and Equal Protection Under the Law

Other due process/equal protections:4th Amendment-

• Protection from search and seizure without a search warrant or probable cause

6th Amendment• A speedy public jury trial• The right to an attorney• Ability to call on witnesses for defense

7th Amendment• Jury trial for common (civil) law cases in excess of $20

8th Amendment• No excessive bail, fines, or cruel & unusual punishment

Impact of the Warren Court

Background- Earl Warren, 1953-1969, Ike appointee, loose constructionistDecisions seen as protecting/expanding rights of citizens at the expense of the government

Minorities• Brown v. Board• Baker v. Carr (Reynolds v. Simms, Wesberry v. Sanders)

Rights of the accused• Miranda v. AZ, Mapp v. OH, Gideon v. Wainwright

First Amendment protections• Engel v. Vitale

Conservative backlashNixon & silent majority