civil rights & civil responsibilities
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CIVIL RIGHTS & CIVIL
RESPONSIBILITIES
Chapter 18
Where do people get the idea that they should have liberty?
Genesis Romans 8:21 Galatians 5:1, 13 Psalm 119:45 Jeremiah 34:15
God is the ultimate source of liberty.
Civil Rights vs. Civil Liberties Civil liberties - natural rights, individual
rights, granted by God, inherent in humanity
Civil rights – rights and privileges granted and protected by government
Civil Rights vs. Civil Liberties Civil rights involves the rights
guaranteed to U.S. citizens and residents by legislation and by the Constitution and has traditionally revolved around the basic right to be free from unequal treatment based on certain protected characteristics (race, gender, disability, etc.) in settings such as employment and housing.
Civil Rights vs. Civil Liberties Civil liberties concern basic rights and
freedoms that are guaranteed -- either explicitly identified in the Bill of Rights and the Constitution, or interpreted through the years by courts and lawmakers, recognized as inherent in every person.
Civil Rights vs. Civil Liberties The government protects citizens’ civil
rights from other people treating them unequally.
The Constitution protects citizens’ individual freedoms from government.
Civil LibertiesFreedom of ReligionFreedom of SpeechFreedom of the PressFreedom of AssemblyFreedom to PetitionFreedom of AssociationFreedom to be secure in your person,
place, effects?
Freedom of Religion What is freedom of religion?
Where is this freedom guaranteed?
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.”
Establishment Clause “Congress shall make no law respecting
an establishment of religion…”
What does this mean?
Establishment Clause States vs. Federal Government Need for morality Fed government established the position
of chaplain in the Army and in the Congress.
Fed government established tax exemptions for religious organization.
Fed government cannot establish a church or tie itself to a particular church.
Eventually states dismantled their state churches.
Bible reading was acceptable in schools Released-time programs for bible
courses were acceptable State funded busses to transport
students to Catholic after-school religious education programs.
Complications Early America: Puritans, Methodists,
Anglicans, Presbyterians, Lutherans, Quakers, Catholics
Modern America: Various Christian denominations, Buddhists, Muslims, Mormons (LDS), Atheists, Hindus, etc.
1960s and forward The 1960s brought dramatic changes to
the understanding of the relationship between the State (government) and churches (religious institutions).
Supreme Court recognized a complete “wall of separation” between church and state.
Engel v. Vitale (1962) forbade teacher-led prayers in public schools.
Bible reading was also declared unconstitutional.
Student-led prayer at school events was ruled unconstitutional in 2000. (Santa Fe ISD vs. Doe) http://en.wikipedia.org/wiki/Santa_Fe_Independent_School_Dist._v._Doe
Free Exercise Clause “Congress shall make no law
…..prohibiting the free exercise thereof.” Freedom of conscience means a person
may believe whatever he chooses, and he may also ACT on those beliefs.
Government cannot interfere with a person’s practice of his faith. Limits?
Limitations onFree Exercise Morality: Reynolds v. United States
(1879) prohibited polygamy.○ What about failing to salute U.S. flag, smoking
“peace pipe” ??? Public Safety:
What about human sacrifice?
Freedom of Speech & Press What is freedom of speech?
Why is freedom of speech important to the success of a free society?
Limitations of Speech 1. Threats to public safety – Schenk v.
U.S. “clear & present danger” 2. Speech with intent to overthrow the
government or endanger national security – Smith Act 1940
3. Speech that damages a person’s reputation or property – slander v. libel
4. Obscenities – very nebulous today
Speech on businesses may also be limited – tobacco advertising restrictions.
Symbolic Speech Expression of ideas through actions
instead of words.
Ugly speech is still protected.
Obama lynching
Palin lynching
Freedom of Assembly & Petition
“Congress shall make no law…abridging…the right of the people peaceably to assemble and to petition the government for a redress of grievances.”
Peaceful demonstrations Circulate petitions Write letters Limited by time/place laws
Freedom of Association For private groups Not government or businesses
Civil Rights The basic right to be free from unequal
treatment based on certain protected characteristics
Women’s Rights March
Rosa Parks
Martin Luther King, Jr.
Right of Privacy “The right of the people to be secure in
their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…” (4th Amendment)
Is the right of privacy implied or enumerated?
What does your textbook say? What do you think?
“The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.” –Ninth Amendment
Right of Privacy The Supreme Court has indeed implied
some behaviors as privacy issues.
Is privacy protected? What about contraception? Griswold v.
Connecticut What about abortion? Roe v. Wade What about sex outside of marriage?
(fornication, adultery) What about the record of books you check
out from the library? What about your medical records? What about being searched before you board
a plane?
Civil Rights and Due Process
“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 law.” (Fourteenth Amendment)
What is due process? Substantive due process – The
substance of laws must protect a person’s basic freedoms.
Procedural due process – Law enforcement and the judicial system must follow proper procedures.
Before the 14th amendment was passed, the Bill of Rights was applied only to the federal government. The states were not subject to the Bill of Rights.
That’s how they were able to keep slaves, put people in jail for not going to church, have state churches, shut down newspapers, etc.
Today the 14th amendment requires that state laws must conform to the Constitution, federal laws, and rulings of the Supreme Court.
Effects of applying Bill of Rights to States: 1. Enhanced the power of the judiciary 2. Altered the nature of the federation 3. Enlarged the scope of constitutional
rights
Security Rights The Right to Bear Arms No forced quartering of troops No Unreasonable Searches (privacy) –
A probable cause (that a crime has been committed) must exist for a search or seizure.
If a person wants his privacy upheld, he must ask for a search warrant.
Search Warrants Police must provide a judge with
probable cause to get a search warrant. If a person fails to assert his privacy
rights, he may be searched without a warrant.
Search Warrants In some cases search warrants aren’t
required.When a proper arrest is made.When contraband is suspected in a vehicle.When a person runs from the police.When evidence is in danger of being
destroyed.When the owner gives his consent to be
searched.When property has been abandoned (trash).
Search Warrants Drug tests are allowed without a warrant
for students and employees. The USA Patriot Act allows for more
information to be obtained without a warrant.
Exclusionary Rule: Mapp v. Ohio held that evidence obtained illegally is inadmissible in court.
Procedural Rights Innocent until proven guilty. Grand jury indictment required if federal
crime. No double jeopardy. Not required to testify against oneself. Miranda rights Cannot be deprived of life, liberty, or
property without a fair and proper trial.
Miranda v. Arizona 1966 1. Right to remain silent 2. What he says can be used against
him 3. Right to an attorney, provided by state
if necessary 4. Right to end police questioning.
Other Procedural Rights Right to a speedy and public trial. Right to trial by jury of peers. In a criminal case, a jury must be
unanimous to convict. Reasonable bail Protected from “cruel & unusual
punishment.”
Capital Punishment Death penalty must be specific and
consistently applied. Murder, treason, espionage, rape of a
child under a certain age, etc.
Other Procedural Rights Writ of Habeas Corpus – a defendant
must be released unless he is charged with a crime and brought to trial (cannot hold a person for long without charges)
Bill of attainder – ILLEGAL to punish someone without a trial.
Ex post facto laws – ILLEGAL to apply laws to past acts.
Voting Rights Fifteenth amendment – all white and
black men vote Nineteenth amendment – women vote Twenty-sixth amendment – 18 to 21
year olds vote
Voting Requirements Satisfy a minimum residency
requirement in one’s state (30 days, typically)
Register with state of residency – identifies qualified voters, prevents voter fraud
Requirements that have been banned Literacy tests Poll taxes
Civil Rights extended to Blacks Brown v. Board of Education – segregated
schools violate 14th amendment Rosa Parks – civil disobedience, bus
seating Martin Luther King, jr. Non-violent
disobedience of laws, Montgomery Bus Boycott
Law enforcement filmed brutalizing non-violent demonstrators.
Selma to Montgomery March http://www.youtube.com/watch?
v=sc6mMRUi_Xg&feature=related
Equal rights and equal opportunity versus equality of condition
“The attempt to make evil appear good by giving it an agreeable name is nothing new. God warned in Isaiah 5:20, ‘Woe unto them that call evil good, and good evil.’ When homosexuals call sin a ‘sexual preference’ or abortionists describe destroying unborn life as a ‘choice,’ they call evil good.”
Sin is the worst form of bondage. True liberty is found in Christ alone. How?
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