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Civil Liberties vs. Civil Rights: Origins, Interpretation, and Key Issues - Prof. Paul Edl, Exams of Local Government Studies

An overview of the concepts of civil liberties and civil rights, their origins, and the interpretation of the bill of rights. It covers key issues such as freedom of speech, freedom of religion, searches and seizures, and civil rights. The document also discusses landmark cases and their impact on civil liberties and civil rights.

Typology: Exams

Pre 2010

Uploaded on 08/05/2009

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Civil Liberties v. Civil Rights
nCivil Liberties prevents
government intrusion into individual
lives.
nFree speech, free press, free religion
nCivil Rights requires government
to ensure equal treatment of citizens
nVoting rights, racial and gender
discrimination.
Origins of Civil Liberties
nThe philosophy began before the
constitution
nSeveral documents preceded the
Constitution
nMassachusetts Body of Liberties (1641)
nThe New York Charter of Liberties
(1683)
Bill of Rights
nNot in the original constitution
nThe Constitution protects no
individual liberties or rights
n1st ten amendments = Bill of Rights
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Civil Liberties v. Civil Rights

n Civil Liberties – prevents

government intrusion into individual

lives.

n Free speech, free press, free religion

n Civil Rights – requires government

to ensure equal treatment of citizens

n Voting rights, racial and gender discrimination.

Origins of Civil Liberties

n The philosophy began before the

constitution

n Several documents preceded the

Constitution

n Massachusetts Body of Liberties (1641) n The New York Charter of Liberties (1683)

Bill of Rights

n Not in the original constitution

n The Constitution protects no

individual liberties or rights

n 1 st^ ten amendments = Bill of Rights

Interpretation of the Bill of

Rights

n At first applied to the national

government and not states

n Partial Reversal in 1920

n 14 th^ amendment (life, liberty, or property) “Due Process”

n Still does not apply to all civil

liberties

Civil Liberties and Freedom

of Speech

n Free Speech & National Security

n The government can restrict free speech when in the interest of national security. n Schenck v. U.S. (1919)

  • Schenck asked men to resist WWI
  • Court established “ the clear and present danger test”

Civil Liberties and Freedom

of Speech (continued)

n Free Speech & National Security

n Schenck v. U.S.

  • speech aimed at inciting an illegal act is not protected by the 1st^ amendment

n Non-threatening Speech and

Expression

n Hate speech acceptable n Speech that endorses “lawless action” cannot be punished unless such action is “imminent.”

Civil Liberties and Freedom

of Religion (continued)

n Free Exercise of Religion Clause

– gov’t cannot prohibit the free

exercise of religion.

n The right to believe vs. The right to practice religion

  • Illegal drugs
  • Polygamy

Civil Liberties and Criminal

Proceedings

n Searches and Seizures

n 4 th^ amendment n Police need probable cause to search

  • Probable Cause – Have good reason to believe a crime has been committed n Exclusionary rule – illegally seized evidence cannot be used against you

Civil Liberties and Criminal

Proceedings (continued)

n Protection from Self-Incrimination

n 5 th^ Amendment n Miranda v. Arizona

  • Court Established the Miranda Rights
    • Advised of their constitutional rights
    • Testimony may be used against them
    • Right to an attorney
    • May terminate questioning

Civil Rights

n Civil Rights not in original

constitution, only in amendments

n Civil Rights did not come into being

until 1868 with the 14th^ amendment

n Protection from government

discrimination not individual

discrimination

Civil Rights (continued)

n Racial Equality

n 13 th^ banned slavery n 14 th

  • Made former slaves citizens
  • Equal protection & due process n 15 th^ right to vote

n Before 1930s courts ruled these

amendments applied to the national

gov’t and not the states

Civil Rights (continued)

n Jim Crow Laws

n Slang term for laws segregating blacks from whites.

  • Poll Tax
  • Making blacks sit at the back of buses n These laws eroded the intent of the Civil War amendments between 1870s and 1940s

Civil Rights (continued)

n Affirmative Action – Preferential

hiring for minorities.

n Designed to right past wrongs. n Reverse discrimination – Using race or sex to give preferential treatment to some people. n Race & sex can be considered for hiring, but must not be only criteria.

Civil Rights (continued)

n Women’s Rights

n Came after civil rights for African- Americans n 1970s, affirmative action programs n ERA (Equal Rights Amendment) n Title IX