Civil Rights and Civil Liberties

American Government

Unit 4

Georgia Performance Standard

• SSCG6 The student will demonstrate knowledge of civil liberties and civil rights.– a. Examine the Bill of Rights with emphasis on First

Amendment freedoms.– b. Analyze due process law expressed in the 5th and

14th Amendments.– c. Explain selective incorporation of the Bill of Rights.– d. Explain how government seeks to maintain the

balance between individual liberties and the – public interest.– e. Explain every citizen’s right to be treated equally

under the law.

How does the Constitution protect the rights of individuals against government?

The Constitution guarantees civil rights and civil liberties to the American people.

Many of these rights and liberties are protected by the laws established in the Bill of Rights and the 14th Amendment.

Key Documents

• The Declaration of Independence states that all men have unalienable rights and that governments exist to protect these rights.

• The Preamble to the Constitution states that purpose of the American government is to “secure the blessings of Liberty” to the people.

• Articles I and III of the Constitution guarantee many key rights.

The Bill of Rights

• There was no general listing of the rights of the people in the Constitution until the Bill of Rights was ratified in 1791. Now the Bill of Rights is an essential part of the Constitution.

– James Madison (right) authored the Bill of Rights.

1st Amendment

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.

Government can neither impose a state religion upon you nor punish you for exercising the religion of your choice. You may express your opinions, write and publish what you wish, gather peacefully with others, and formally ask government to correct injustices.

What does it mean?

2nd 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.

What does it mean?

Individuals ("the people") have the right to own and use weapons without interference from the government.

3rd AmendmentNo Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

What does it mean?

The government cannot force you to house its agents.

4th Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

4th Amendment: What does it mean?

You may not be arrested or "detained" arbitrarily. No agency of government may inspect or seize your property or possessions without first obtaining a warrant. To obtain a warrant, they must show specific cause for the search or seizure and swear under oath that they are telling the truth about these reasons. Furthermore, the warrant itself must state specifically and in detail the place, things, or people it covers. Warrants that are too general or vague are not valid; searches or seizures that exceed the terms of the warrant are not valid.

5th AmendmentNo person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

5th Amendment: What does it mean?

No one outside the military may be tried for a serious crime without first being indicted by a grand jury (of citizens). Once found not guilty, a person may not be tried again for the same deed. You can't be forced to be a witness or provide evidence against yourself in a criminal case. You can't be sent to prison or have your assets seized without due process. The government can't take your property without paying market value for it

6th Amendment

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

6th Amendment:What does it mean?

Trials cannot be unreasonably postponed or held in secret. In any criminal case against you, you have a right to public trial by a jury of unbiased citizens (thus ensuring that the state can't use a "party-line" judge to railroad you). The trial must be held in the state or region where the crime was committed. You cannot be held without charges. You cannot be held on charges that are kept secret from you. You have a right to know who is making accusations against you and to confront those witnesses in court. You have the right to subpoena witnesses to testify in your favor and a right to the services of an attorney.

7th AmendmentIn suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.

The right to trial by jury extends to civil, as well as criminal, cases. Once a jury has made its decision, no court can overturn or otherwise change that decision except via accepted legal processes (for instance, granting of a new trial when an appeals court determines that your rights were violated in the original proceeding).

What does it mean?

8th Amendment

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

What does it mean?

Bail, fines, and punishments must all fit the crime and punishments must not be designed for cruelty.

9th Amendment

What does it mean?

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

You have more rights than are specifically listed in the Bill of Rights.

10th Amendment

What does it mean?

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The U.S. federal government has only those specific powers granted to it by the Constitution. All other powers belong either to the states or to individuals.

Civil Rights and Liberties

• Civil liberties can be thought of as freedoms protected from possible government abuse.

– Civil liberties include freedom of religion, speech, and the press as well as the right to a fair trial.

• Civil rights can be thought of as freedoms defended by the government.

– Civil rights include laws banning discrimination.

Limited Government

• How does the Bill of Rights limit government in the United States?

– All governments have authority over individual citizens.

– In a democratic government such as the United States, this authority is limited by laws like the Bill of Rights, which specifies individual rights and freedoms that government cannot violate.

Relative Rights

• U.S. citizens may exercise their own rights as long as they do not infringe upon the rights of others.– For example, the right to free speech does not protect obscene

language.

• Rights can come into conflict with each other. When this happens, the courts must then decide the issue.

Blaring music late at night is not a right because it infringes on the rights of others.

Whose Rights?

• Most constitutional rights extend to all people in the United States, including aliens, or non-citizens.

• However, certain rights of aliens, such as freedom of travel, can be restricted.

– During wartime these restrictions may increase.

– For example, in World War II people of Japanese descent were forced to relocate to internment camps.

Federalism

• The Bill of Rights applies to the actions of the federal government, not the state governments.

• However, each state constitution contains its own bill of rights to protect the freedoms of its citizens.

• In addition, the 14th Amendment extends the basic rights protected by the Bill of Rights to the citizens of all states.

The 14th Amendment

• The 14th Amendment includes a Due Process Clause. The Supreme Court has ruled that this clause means no state can deny any person their basic rights and liberties.

• Over time, through the process of incorporation, these basic rights and liberties have been defined as including most of the protections in the Bill of Rights.

Gitlow v. New York, 1925

• Checkpoint: Why is the case Gitlow v. New York important?

– New York state had convicted Benjamin Gitlow of criminal anarchy for urging people to overthrow the government.

– The Supreme Court upheld the conviction, but ruled for the first time that the 1st Amendment right to free speech also extended to the states because of the 14th Amendment.

The 9th Amendment

• The 9th Amendment declares that the people have rights beyond those specifically listed in the Constitution.

• Over time the Supreme Court has determined that some of these unlisted rights include:– The right of a person not to be tried on the basis of

unlawfully gained evidence

– The right of a woman to choose to have an abortion (Roe v. Wade was an extension of the right to privacy established by Griswold v. Connecticut)