Download - Does the Constitution provide protection from injustices? LESSON 7 Civil Liberties & Civil Rights
Does the Constitution provide protection from injustices?
LESSON 7LESSON 7Civil Liberties & Civil Rights
Defining and Protecting Your Rights and Liberties
I. DEFINING CIVIL LIBERTIES AND CIVIL RIGHTS
A. Original Constitution: No mention of protection of individual rights and liberties from government abuse
B. BILL OF RIGHTS1. First ten Amendments to Constitution2. Written to restrict the national government3. Identifies two types of rights: (1) CIVIL
LIBERTIES and (2) CIVIL RIGHTS4. Most are “incorporated” into state and local
laws they are reflected in state/local legal codes
Defining and Protecting Your Rights and Liberties
C. Civil Liberties vs. Civil Rights
1. CIVIL LIBERTIES: Basic freedoms considered to be the birthright of all individuals cannot be taken away or infringed upon by government
Defining and Protecting Your Rights and Liberties
2. CIVIL RIGHTS: Rights that come with being a member of society
• Not protections from government
• Guarantees by government of equal rights and fair treatment under the law
• Associated with positive acts of government
Differences betweenCivil Liberties and Civil
RightsCIVIL LIBERTIES
• Freedom of speech
• Freedom of religion
• Freedom of the press
• Freedom of assembly
• Freedom from unreasonable search and seizure
CIVIL RIGHTS• Right to due process
• Right to trial by jury
• Right to legal counsel
• Right to vote
• Right to petition the government for a redress of grievances (appeal process)
What basic principles form the basis of the
Constitution?II. BASIC PRINCIPLES OF THE
CONSTITUTION: Six basic principles outline the Founders’ belief that controls must be placed on government
• POPULAR SOVEREIGNTY: People are the most important source of governmental power
• SEPARATION OF POWERS: Power is distinct but shared – legislative, executive, and judicial
What basic principles form the basis of the
Constitution?• CHECKS AND BALANCES: Division of power
among the three branches ensures that no one person or group would assume all power
• LIMITED GOVERNMENT: Government does not hold all power and does only the things the people want it to do
• FEDERALISM: Division of power between states and Washington reflects Founders’ desire to balance liberty and order
• JUDICIAL REVIEW: The power of the Supreme Court to determine the constitutionality of an action of the government (Marbury v. Madison, 1803)
History
• In response to Anti-Federalist demands for provisions to secure individual and states’ rights, Congress met in New York City in 1789 and proposed 12 amendments to be submitted to the states for their approval.
• 10 of the 12 proposed amendments were approved by 3/4 of the state legislatures and added to the constitution in 1791.
Amending the U.S. Constitution
1st Amendment - Basics
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.
• Freedom of Religion• Government may not establish an official national religion
• Separation of Church and State
• Freedom of Speech• Must be truthful
• Freedom to Petition the Government• Ask the government to review a perceived problem
1st Amendment - Basics
• Freedom of Assembly• To meet peacefully to discuss a perceived
problem
• Freedom of the Press• The media has the right to expose and comment
on the conduct of the government, its officials, and common individuals
2nd Amendment - Basics
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.
• Citizens have the right and need to have guns• Intended to allow citizen militias to be equipped
to fight without the need of the government to supply guns
• Farmers and frontiersmen needed guns for protection and to supplement their food supply
3rd Amendment - Basics
No Soldier shall, in time of peace, be quartered in any home, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
• Protection against troops being quartered in homes during peacetime
• Not a major issue in modern times, and therefore has never been enforced by SCOTUS
4th Amendment - BasicsThe 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.
• To be free of unreasonable searches and seizures• Need specific search warrants issued on “probable
cause”
5th Amendment - Basics
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentation 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 offense twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be witness against himself, nor be deprived of life liberty, or property, without due process of law; nor shall have private property taken for public use, without just compensation.
• The right, if accused of a crime:• To be formally investigated and accused by a Grand Jury• Not to be tried twice for the same crime (double jeopardy)• Not to be forced to give evidence against oneself or family
member (self-incrimination)• To be afforded Due Process of Law
• Receive a fair and speedy trial protected by common legal procedures
5th Amendment - Basics
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentation 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 offense twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be witness against himself, nor be deprived of life liberty, or property, without due process of law; nor shall have private property taken for public use, without just compensation.
• Receive fair compensation for your property if the government needs to take it from you for public purposes (right to eminent domain)
6th AmendmentIn 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 that 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 defense.
7th Amendment
In 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 common law.
6th & 7th Amendments - Basics
6th Amendment6th Amendment• The right if accused of a crime to:
• Be told the charges• Receive a “speedy” and public trial
with an “impartial” jury• Face the prosecution witnesses• Have the services of a defense lawyer• If necessary, force defense witnesses to
testify in court through legal process
6th & 7th Amendments - Basics
7th Amendment• The right to a jury trial in many
types of non-criminal cases•Cases that do not involve bodily
harm or meaningful theft but involve meaningful wrong upon others (usually financial claims or damages)
8th Amendment - Basics
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
• The right to protection against “excessive” bail and fines and “cruel and unusual” punishment.
9th Amendment
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
10th Amendment
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.
9th & 10th Amendments - Basics
9th Amendment• The guarantee that other rights
not listed in the Constitution are protected.• If the authors forgot about these
rights they still belong to the states or the people, not the Federal Government.
9th & 10th Amendments - Basics
10th Amendment• The guarantee that the people or
the states have all the powers not given to the national government or denied to the states•All powers not mentioned in the
Constitution are reserved for the states or the people
How have early challenges in enforcing the Bill of Rights been
addressed?IV. EARLY CHALLENGES IN ENFORCING
THE BILL OF RIGHTSA. Bill of Rights offers broad rights and
liberties on paper, but needed to be interpreted by SCOTUS (Supreme Court)
B. MARBURY v. MADISON (1803): Establishment of judicial review laid foundation for enforcement of Bill of Rights
How have early challenges in enforcing the Bill of Rights been
addressed?C. FOURTEENTH AMENDMENT (1868):
Attempt by Congress to restrict states from limiting civil rights, especially with blacks
• First interpreted narrowly by the courts PLESSY v. FERGUSON (1896)
• Equal Protection Clause preserved by “separate but equal” public facilities
• New interpretation of Fourteenth Amendment spurred by work of civil rights groups NAACP, ACLU
• BROWN v. BOARD OF ED. OF TOPEKA (1956): “Separate but equal” facilities provided by segregated schools not truly equal
How have early challenges in enforcing the Bill of Rights been
addressed?V. FREEDOMS OF THE FIRST
AMENDMENTA. FIRST AMENDMENT: Most important
amendment of the Bill of RightsB. FREEDOM OF RELIGION
1. Two parts: Establishment Clause and Free Exercise Clause
• ESTABLISHMENT CLAUSE: Guarantees separation of church and state (government)
• FREE EXERCISE CLAUSE: All people are free to exercise the religious practices of their choice, and free to follow no religion however, if faith conflicts with the law of the land (Constitution), the law will prevail
How have early challenges in enforcing the Bill of Rights been
addressed?C. FREEDOM OF SPEECH: Linked
to freedom of expression identified in the First Amendment
1. Court has supported freedom of speech except in cases where speech is harmful to others
• LIBEL: Written form of speech• SLANDER: Spoken form of speech• OBSCENITY: Speech offensive to
conventional standards of decency
How have early challenges in enforcing the Bill of Rights been
addressed?2. Speech does not have to be written to
receive protections of First Amendment SYMBOLIC SPEECH
3. The First Amendment was also intended to protect the right of the press to criticize the government
• PRIOR RESTRAINT: An attempt by government to prevent the publication or broadcast of material considered harmful only allowed if it does not impact national security
• Journalists cannot be guilty of libel unless their errors in reporting were intentional and meant to do harm
What does it mean to be granted “due process”?
PRINCIPLE OF DUE PROCESS • 4th, 5th, 6th, 7th & 14th Amendments • Protection of “life, liberty, and property”• Laws must be applied fairly and equally to
all people, especially to someone accused of a crime
Procedural due process: How laws are carried out
Substantive due process: Reasonableness of laws
How do we protect the accused from being punished for deeds they didn’t
commit?V. CONSTITUTIONAL
PROVISIONS FOR DUE PROCESS
A. WRIT OF HABEAS CORPUS• “Have my body – just tell me
why!”• Court order directing prisoner to
court to be informed of charges• Jailer must show cause for holding
or immediately release prisoner• Congress can suspend habeas
corpus during times of rebellion or invasion (ex: Civil War, WWII, 9/11)
How do we protect the accused from being punished for deeds they didn’t
commit?B. EX POST FACTO LAWS:
Laws passed after act has been committed cannot be enforced on previous actions “After the fact” laws
C. BILL OF ATTAINDER: Law that declares person or group guilty of crime without court trial forbidden under Constitution
How does the Constitution provide protections during
investigations?VI. 4th AMENDMENT: LIMITS
ON INVESTIGATIONSA. 4th Amendment: Protection
against illegal searches and seizures
B. When are searches reasonable?
1. Police have a search warrant2. Individual has been lawfully
arrested
How does the Constitution provide protections during
investigations?C. Exceptions to warrant
requirement Automobiles “Terry Search” (Terry v.
Ohio, 1968): Brief investigatory stops
Searches following lawful arrest
Searches for evidence Border searches Plain-view exception Exigent circumstances
urgent or critical situations (ex: burning house, criminal escaping capture)
How does the Constitution provide protections during
investigations?D. EXCLUSIONARY
RULE: Evidence gathered illegally cannot be used in a trial (Weeks v. US, 1914; Mapp v. Ohio, 1961) exceptions can be granted
How does the 5th Amendment provide further protection for the
accused?VII.5th AMENDMENT:
CHARGING SOMEONE WITH A CRIMINAL OFFENSE
A. INDICTMENT: Formal charge against accused must follow presentation of strong evidence
B. DOUBLE JEOPARDY: Amendment prohibits being charged with same crime twice
How does the 5th Amendment provide further protection for the
accused?C. MIRANDA RIGHTS
(Miranda v. Arizona, 1966)
1. Protection against self incrimination cannot be compelled to be a witness against oneself
2. Police must advise of opportunity to have an attorney present
How is the protection of due process furthered by the Bill of
Rights?VIII.6th & 8th AMENDMENTS:
TRIALS & PUNISHMENTSA. 6th Amendment
1. Guarantees right to counsel (attorney) Gideon v. Wainwright, 1963
2. Accused have the right to a fair trial
• SPEEDY TRIAL ACT (1974): Federal trials must begin no later than 100 days from arrest
• Judges can ban media and spectators
Clarence Gideon
How is the protection of due process furthered by the Bill of
Rights?B. 8th Amendment
1. Protections for the accused after the trial has ended
2. Reasonable opportunity to be released on bail but what is “excessive” bail?
3. Forbids cruel and unusual punishment
Clarence Gideon