American Civil American Civil Liberties during Liberties during national emergenciesnational emergencies

Linking the past and presentLinking the past and present

History 101 Measurable History 101 Measurable Course ObjectivesCourse Objectives

Student will analyze and describe the political, economic, and social Student will analyze and describe the political, economic, and social impact of western expansionism during the late 19th century on impact of western expansionism during the late 19th century on farmers, ranchers, and native American peoples. farmers, ranchers, and native American peoples.

Student will identify and analyze the political, economic, and social Student will identify and analyze the political, economic, and social impact of the Great Depression and, in particular, describe the impact of the Great Depression and, in particular, describe the development of the positive state during the new Deal. development of the positive state during the new Deal.

Student will analyze and describe the political, economic, and social Student will analyze and describe the political, economic, and social causes and consequences of World War II. causes and consequences of World War II.

Student will explain and describe the major political, economic, and Student will explain and describe the major political, economic, and social developments of contemporary America and, in particular, social developments of contemporary America and, in particular, explain how the collapse of the Soviet Union Affected American explain how the collapse of the Soviet Union Affected American Foreign relations with the Middle East.Foreign relations with the Middle East.

Student Learning OutcomesStudent Learning Outcomes

Identify fundamental violations of Identify fundamental violations of basic civil liberties and basic civil liberties and constitutional rights during constitutional rights during national emergenciesnational emergencies

Arguments for/againstArguments for/against

Critics argue against patriot act, phone Critics argue against patriot act, phone records and prison scandals. National records and prison scandals. National and international pressuresand international pressures

Supporters argue that the USA is in the Supporters argue that the USA is in the middle of War on Terror, a national middle of War on Terror, a national emergency and must respond emergency and must respond accordingly to preserve future lives and accordingly to preserve future lives and freedomsfreedoms

Lets discuss the issueLets discuss the issue

Do you see similarities between the Do you see similarities between the historical events presented and current historical events presented and current issues?issues?

If so why?If so why? If not why?If not why? Feel free to review additional slides with Feel free to review additional slides with

more historical information and relevant more historical information and relevant sections of the US Constitution.sections of the US Constitution.

1880s1880s

In retribution for the actions of Geronimo In retribution for the actions of Geronimo and the Warm Springs Apache Bands' and the Warm Springs Apache Bands' refusal to leave their lands in New Mexico refusal to leave their lands in New Mexico and relocate to a reservation in Arizona, and relocate to a reservation in Arizona, 1200 Chiricahuas were sent by cattle-car 1200 Chiricahuas were sent by cattle-car train to prison in the Castillo de San Marcos train to prison in the Castillo de San Marcos in St. Augustine. in St. Augustine.

No formal charges or trial was given these No formal charges or trial was given these men, women and childrenmen, women and children

Surviving members of the tribe were Surviving members of the tribe were sent to prison camp at the Mount sent to prison camp at the Mount Vernon Barracks, Alabama in 1887Vernon Barracks, Alabama in 1887

The last of the Chircahuas were sent The last of the Chircahuas were sent to Fort Sill, Oklahoma where they to Fort Sill, Oklahoma where they remained captives for 23 years.remained captives for 23 years.

Freed at last in 1914, a majority of the Freed at last in 1914, a majority of the tribe returned to New Mexico to join tribe returned to New Mexico to join with the Mescalero Apaches for whom with the Mescalero Apaches for whom a reservation had been created. a reservation had been created.

1930s1930s Nearly 500,000 Mexican nationals and some Nearly 500,000 Mexican nationals and some

Mexican Americans are repatriated to Mexico, Mexican Americans are repatriated to Mexico, forcibly or voluntarily, during the Great forcibly or voluntarily, during the Great Depression.Depression.

No formal charges or trial was given these No formal charges or trial was given these men, women and childrenmen, women and children

The deportation campaign began in the lower Rio The deportation campaign began in the lower Rio Grande valley in the summer of 1928 and Grande valley in the summer of 1928 and continued through 1931, when thousands of continued through 1931, when thousands of Mexicans were jailed and deported. Mexicans were jailed and deported.

Efforts to implement the deportation Efforts to implement the deportation campaign resulted in widespread violation of campaign resulted in widespread violation of civil and human rights, includingcivil and human rights, including

illegally imprisoning immigrants,illegally imprisoning immigrants, deporting United States-born children, deporting United States-born children, not permitting returnees to dispose of their not permitting returnees to dispose of their

property or to collect their wages, property or to collect their wages, deporting many not legally subject to deporting many not legally subject to

deportation because of their length of Texas deportation because of their length of Texas residence, residence,

separating families, and deporting the ill.separating families, and deporting the ill.

2005 Senate Bill 670 2005 Senate Bill 670

"Apology Act for the 1930s Mexican "Apology Act for the 1930s Mexican Repatriation Program" - becomes official.Repatriation Program" - becomes official.

It acknowledges the suffering of tens of It acknowledges the suffering of tens of thousands of Latino families unjustly forced thousands of Latino families unjustly forced out of the Golden State that was their home.out of the Golden State that was their home.

"The state of California apologizes ... for the "The state of California apologizes ... for the fundamental violations of their basic civil fundamental violations of their basic civil liberties and constitutional rights during the liberties and constitutional rights during the period of illegal deportation and coerced period of illegal deportation and coerced emigration," the act reads.emigration," the act reads.

1940s1940s February 19, 1942, President Roosevelt signed Executive February 19, 1942, President Roosevelt signed Executive

Order 9066, which resulted in the forcible internment of Order 9066, which resulted in the forcible internment of 120,000 people of Japanese ancestry. 120,000 people of Japanese ancestry.

More than two-thirds of those interned under the Executive More than two-thirds of those interned under the Executive Order were citizens of the United States, and none had Order were citizens of the United States, and none had ever shown any disloyalty. ever shown any disloyalty.

No formal charges or trial was given these men, No formal charges or trial was given these men, women and childrenwomen and children

The War Relocation Authority was created to administer The War Relocation Authority was created to administer the assembly centers, relocation centers, and internment the assembly centers, relocation centers, and internment camps, and relocation of Japanese-Americans began in camps, and relocation of Japanese-Americans began in April 1942.April 1942.

Internment camps were scattered all over Internment camps were scattered all over the interior West, in isolated desert areas of the interior West, in isolated desert areas of Arizona, California, Utah, Idaho, Colorado, Arizona, California, Utah, Idaho, Colorado, and Wyoming, where Japanese-Americans and Wyoming, where Japanese-Americans were forced to carry on their lives under were forced to carry on their lives under harsh conditions. harsh conditions.

Executive Order 9066 was rescinded by Executive Order 9066 was rescinded by President Roosevelt in 1944, and the last of President Roosevelt in 1944, and the last of the camps was closed in March, 1946. the camps was closed in March, 1946.

An official apology for internment was An official apology for internment was issued by Ronald Reagan in 1988issued by Ronald Reagan in 1988

in addition, nearly $1.65 billion in in addition, nearly $1.65 billion in reparations was allocated to survivors reparations was allocated to survivors

The War on TerrorismThe War on Terrorism

Three Guantanamo Bay detainees Three Guantanamo Bay detainees hanged themselves with nooses hanged themselves with nooses made of sheets and clothes made of sheets and clothes fueling condemnation of the fueling condemnation of the isolated camp where hundreds of isolated camp where hundreds of men have been held for years men have been held for years without charge. without charge.

In January 2002, the United States began In January 2002, the United States began using the Guantanamo Bay Naval Base in using the Guantanamo Bay Naval Base in eastern Cuba to hold people suspected of eastern Cuba to hold people suspected of links to al-Qaeda or the Taliban.links to al-Qaeda or the Taliban.

A total of 759 detainees have been held at A total of 759 detainees have been held at the basethe base

Article III. - The Judicial BranchArticle III. - The Judicial Branch

Section 2 - Trial by Jury, Original Section 2 - Trial by Jury, Original Jurisdiction, Jury TrialsJurisdiction, Jury Trials

Trial of all Crimes…shall be held in the Trial of all Crimes…shall be held in the State where the said Crimes shall State where the said Crimes shall have been committed; but when not have been committed; but when not committed within any State, the Trial committed within any State, the Trial shall be at such Place or Places as the shall be at such Place or Places as the Congress may by Law have directedCongress may by Law have directed. .

Section 3 - TreasonSection 3 - Treason

Treason against the United States, shall Treason against the United States, shall consist only in levying War against them, consist only in levying War against them, or in adhering to their Enemies, giving or in adhering to their Enemies, giving them Aid and Comfort. them Aid and Comfort. No Person shall No Person shall be convicted of Treason unless on the be convicted of Treason unless on the Testimony of two Witnesses to the Testimony of two Witnesses to the same overt Act, or on Confession in same overt Act, or on Confession in open Courtopen Court..

Amendment VAmendment V

Trial and Punishment, Compensation for Takings. Trial and Punishment, Compensation for Takings. Ratified 12/15/1791.Ratified 12/15/1791.

No person shall be held to answer for a capital, or No person shall be held to answer for a capital, or otherwise infamous crime, unless on a otherwise infamous crime, unless on a presentment or indictment of a Grand Jurypresentment or indictment of a Grand Jury, except , except in cases arising in the land or naval forces, or in the in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public Militia, when in actual service in time of War or public danger.. nor shall be compelled in any criminal case to danger.. nor shall be compelled in any criminal case to be a witness against himself, be a witness against himself, nor be deprived of life, nor be deprived of life, liberty, or property, without due process of law; nor liberty, or property, without due process of law; nor shall private property be taken for public use, shall private property be taken for public use, without just compensation.without just compensation.

Amendment VIAmendment VI

Right to Speedy Trial, Confrontation of WitnessesRight to Speedy Trial, Confrontation of WitnessesRatified 12/15/1791Ratified 12/15/1791

In all criminal prosecutions, the accused shall enjoy In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trialthe right to a speedy and public trial, by an impartial , by an impartial jury of the State and district wherein the crime shall jury of the State and district wherein the crime shall have been committed, which district shall have been have been committed, which district shall have been previously ascertained by law, and to be informed of previously ascertained by law, and to be informed of the nature and cause of the accusation; to be the nature and cause of the accusation; to be confronted with the witnesses against him; to have confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his favor, and to have the Assistance of Counsel for his defense.defense.

Amendment VIIIAmendment VIII

Cruel and Unusual PunishmentCruel and Unusual Punishment

Ratified 12/15/1791Ratified 12/15/1791

Excessive bail shall not be required, nor Excessive bail shall not be required, nor excessive fines imposed, nor cruel and excessive fines imposed, nor cruel and unusual punishments inflicted.unusual punishments inflicted.

Amendment XIVAmendment XIV

Citizenship RightsCitizenship RightsRatified 7/9/1868Ratified 7/9/1868

All persons born or naturalized in the United StatesAll persons born or naturalized in the United States, , and subject to the jurisdiction thereof, and subject to the jurisdiction thereof, are citizens of are citizens of the United Statesthe United States and of the State wherein they and of the State wherein they reside. No State shall make or enforce any law which reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any the United States; nor shall any State deprive any person of life, liberty, or property, without due process person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the of law; nor deny to any person within its jurisdiction the equal protection of the laws.equal protection of the laws.