Download Civil Liberties vs. Civil Rights: Origins, Interpretation, and Key Issues - Prof. Paul Edl and more Exams Local Government Studies in PDF only on Docsity!
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
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
