Civil Rights and Civil Liberties

Civil Rights and Civil Liberties

What are civil rights and what are civil liberties? Civil Rights = The right of every person to equal protection under the law and equal access to society’s opportunities and public facilities. Civil Liberties = Individual rights that are protected from infringement by government.

Civil Rights and Equality “All men are created equal?” - Equality – One of the founding principles of our democracy, yet still unrealized. What is equality? - In theory, Americans have equal rights; in practice, they are not equal and never have been.

The Struggle for Equality: African Americans - Slavery and the Civil War - The 13, 14, and 15th Amendments 13 = Abolished Slavery 14 = Guaranteed equal protection and due process. 15 = Gave African Americans the right to vote. - Jim Crow Laws (Post 1877)

Would you have been able to vote? The Alabama Literacy Test • • • •

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Which body of Congress can try impeachments of the President? At what time of day on January 20th does the term of the President end? If the president does not sign a bill, how many days is he allowed in which to return it to Congress for reconsideration? If a bill is passed by Congress and the President refuses to sign it and does not send it back to Congress in session within the specified period of time, is the bill defeated or does it become law? If the United States wishes to purchase land for an arsenal and have exclusive legislative authority over it, consent is required from whom? Which officer of the United States government is designated as President of the Senate? When is the president not allowed to exercise his power to pardon? Why is the power to grant patents given to Congress? What is a tribunal? If a person charged with treason denies his guilt, how many people must testify against him before he can be convicted?

Landmark Court Cases - Plessy v. Ferguson (1896) - “Separate but equal” - Court endorsed Jim Crow Laws - The use of race as a criterion of exclusion in public matters was not unreasonable.

- Brown v. Board of Education (1954)

The Civil Rights Movement 1955 – Bus Boycott in Montgomery, AL 1957 – Little Rock, AK Desegregation

The Civil Rights Movement (continued) 1963 – March in Birmingham, AL led by MLK, Jr. 1963 – March on Washington, DC.

“I have a dream” speech.

The Civil Rights Acts - Three civil rights acts were passed shortly after the Brown decision; did little to help the cause of blacks. - Civil Rights Act of 1964 - Civil Rights Act of 1968 - Voting Rights Act of 1965

Women and the Struggle for Equality - United States carried on policies from England when the nation was founded. - 1848 – First Women’s Rights Convention in Seneca Falls, NY - 19th Amendment in 1920 gave women the right to vote. - ERA

Equality Today African Americans and Women: Notable Gains v. Continued Struggles De facto Discrimination: Discrimination that is the result of social, economic, or cultural biases or conditions. De jure Discrimination: Discrimination based on the law. Equality of Result: Policies aimed at reducing or eliminating de facto discrimination. Examples: Affirmative action and busing

Affirmative Action Affirmative Action = Deliberate effort to provide full and equal opportunities in employment, education, and other areas for women, minorities, and individuals belonging to other disadvantaged groups. Many court cases have addressed the issue of affirmative action, including the following examples: Regents of CA v. Bakke (1978) US Steel v. Weber (1979) Wards Cove v. Atonio (1989) Adarand v. Pena (1995)

What are some arguments in favor of and in opposition to affirmative action?

Civil Liberties Civil Liberties = Individual rights that are protected from infringement by government. - Foundation for Civil Liberties = Bill of Rights and Interpretations of the Supreme Court

Our Civil Liberties 1. The First Amendment a. Freedom of Religion b. Freedom of Speech c. Freedom of the Press

2. The Second Amendment: The Right to Bear Arms 3. The Rights of the Accused 4. The Right to Privacy

Terrorism and Civil Liberties The debate: After 9/11, how do we prevent another terrorist attack? Main Argument: National Security should take precedence over civil liberties (when they conflict). Counter-Argument: Civil liberties should ALWAYS take precedence.

THE DEBATE We want to be a stable, democratic system. We do not want to be vulnerable to terrorist attacks. What happens, however, when safety and stability are achieved or promoted through undemocratic means? Is compromising civil liberties undemocratic when it is necessary?

The Main Argument in Support of Compromising Civil Liberties When they conflict, national security takes precedence over civil liberties. Examples (of why this is good): • Foiled terrorist attacks. • Most Americans are unaffected. • Stability ensured. • Democratic process as watchdog.

The Counter-Argument Civil liberties take precedence over National Security. Examples (of why this is bad): • Racial profiling • Japanese internment • Discrimination against Muslims

The Patriot Act (2001)

What do you think? Does the government have the right to infringe on civil liberties? When? How far is too far? What about racial profiling? Is racial profiling an acceptable deviation from the equal protection clause? Is the government protecting US citizens from future terrorist attacks or invading their privacy?

Is the Patriot Act a necessary part of life after September 11 or does it overstep the boundaries of privacy invasion?