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civil liberties & civil rights civil liberties & civil rights Presentation Transcript

  • Chapter 4 Civil LibertiesChristina Dicken/Chronicle-Tribune/AP Photo Copyright © 2012, 2011 Pearson Education, Inc. All rights reserved.
  • Learning Objectives• LO 4.1 What is the constitutional basis for civil liberties in Amer• LO 4.2 What freedoms does the First Amendment guarantee?• LO 4.3 What is the basis for a constitutional right to privacy, an• LO 4.4 What are the constitutional rights of people accused of c• LO 4.5 What civil liberties issues are raised by the conduct of th Copyright © 2012, 2011 Pearson Education, Inc. All rights reserved.
  • LO 4-1 To Learning ObjectiveThe Constitution and Civil Liberties• The U.S. Constitution – Protections for the individual against the coercive power of the state – Bill of Rights - first 10 amendments. – 14th Amendment Due Process Clause: • Selective Incorporation • Fundamental Rights Copyright © 2012, 2011 Pearson Education, Inc. All rights reserved. View slide
  • LO 4-1 To Learning ObjectiveThe Constitution and Civil Liberties • State Constitutions – State constitutions must grant their citizens all the protections guaranteed in the U.S. Constitution. – States may also guarantee citizens more rights than the federal Constitution. Copyright © 2012, 2011 Pearson Education, Inc. All rights reserved. View slide
  • LO 4-2 To Learning Objective First Amendment Freedoms• Government and Religion – While the Bill of Rights guarantees individual rights, none of the rights are absolute. – However, the religious beliefs of some groups come into conflict with federal and state law. – Establishment of Religion • Supreme Court has attempted to strike a balance. • Rulings on government aid to parochial schools Copyright © 2012, 2011 Pearson Education, Inc. All rights reserved.
  • LO 4-2 To Learning Objective First Amendment Freedoms– Free Exercise of Religion • Disputes concerning freedom of religion fall under two general categories. – Deliberate effort of government to restrict activities of controversial religious groups – Impact on religious practice of general laws and government procedures that are otherwise neutral with UPI/Monika Graff /Landov respect to religion Copyright © 2012, 2011 Pearson Education, Inc. All rights reserved.
  • LO 4-2 To Learning Objective First Amendment Freedoms• Freedom of Expression – Free expression is a fundamental right. – The Supreme Court has ruled that restrictions on freedom of speech can exist. Copyright © 2012, 2011 Pearson Education, Inc. All rights reserved.
  • LO 4-2 To Learning Objective First Amendment Freedoms• Freedom of Expression – Antigovernment Speech – Expression that threatens the public order – Hate crimes legislation – Symbolic expression Copyright © 2012, 2011 Pearson Education, Inc. All rights reserved.
  • LO 4-2 To Learning Objective First Amendment Freedoms• Freedom of the Press – Obscenities – Defamation – Prior Restraint • Prevent publication or broadcast of material that the government finds objectionable Copyright © 2012, 2011 Pearson Education, Inc. All rights reserved.
  • LO 4-3 To Learning Objective Privacy Rights– Not specifically mentioned in the Constitution– Based on the Due Process Clause of the 14th Amendment– Key cases • Access to contraceptives • Banning abortion • Criminalizing private consensual sexual contact between adults of the same sex Copyright © 2012, 2011 Pearson Education, Inc. All rights reserved.
  • LO 4-3 To Learning Objective Susan Steinkamp/CORBISCopyright © 2012, 2011 Pearson Education, Inc. All rights reserved.
  • LO 4-4 To Learning Objective Due Process of Law and the Rights of the Accused– Searches and Seizures • Protected by 4th Amendment • Judicial warrant or probable cause needed for most searches • Court allows “good faith exceptions.” • Exclusionary Rule: Mapp v. Ohio (1961) Copyright © 2012, 2011 Pearson Education, Inc. All rights reserved.
  • LO 4-4 To Learning Objective Due Process of Law and the Rights of the Accused– Miranda Warning • Originated in Miranda v. Arizona (1966)– Double Jeopardy – 5th Amendment– Fair Trial • 6th Amendment guarantees a speedy trial, a public trial, a trial by an impartial jury, and the right to legal counsel.– Cruel and Unusual Punishments • Capital punishment Copyright © 2012, 2011 Pearson Education, Inc. All rights reserved.
  • LO 4-4 To Learning ObjeCopyright © 2012, 2011 Pearson Education, Inc. All rights reserved.
  • LO 4-5 To Learning Objectives Civil Liberties and the War on Terror• Hamdi v. Rumsfeld: Court held that the president could not deprive detainees of their right to due process.• Boumediene v. Bush: Court declared that terror suspects held at Guantánamo have a constitutional right to seek their release in federal court. Copyright © 2012, 2011 Pearson Education, Inc. All rights reserved.
  • To Learning LO 4-5 Objectives Northwestern University LibraryCopyright © 2012, 2011 Pearson Education, Inc. All rights reserved.
  • Break!!!! (take 5)
  • Using the Due Process Clause of the 14th Amendment, the Supreme Court has applied most of the provisions of the national Bill of Rights to the states througha. Application of civil liberties.b. Definition of fundamental rights.c. Selective incorporation.d. Due process fundamentals.
  • Using the Due Process Clause of the 14thAmendment, the Supreme Court has applied mostof the provisions of the national Bill of Rights to the states througha. Application of civil liberties.b. Definition of fundamental rights.c. Selective incorporation.d. Due process fundamentals.
  • Which of the following is considered to be protected speech under the Freedom of Expression Clause of the First Amendment?a. Burning the American flagb. Wearing a t-shirt that says “F**** the Government!”c. Saying “the President is an idiot”d. All of the above forms of speech are protected
  • Which of the following is considered to be protected speech under the Freedom of Expression Clause of the First Amendment?a. Burning the American flagb. Wearing a t-shirt that says “F**** the Government!”c. Saying “the President is an idiot”d.All of the above forms of speech are protected
  • Which state carried out the most executions between 1976 and 2009?a.Californiab.Floridac.Texasd.New York
  • Which state carried out the most executions between 1976 and 2009?a.Californiab.Floridac.Texasd.New York
  • Break!!!! (take 5)
  • Chapter 5 Civil RightsBettmann/Corbis Copyright © 2012, 2011 Pearson Education, Inc. All rights reserved.
  • Learning Objectives• LO 5.1 What is the constitutional basis for civil rights in America?• LO 5.2 How does the Equal Protection Clause affect civil rights for African Americans and other groups?• LO 5.3 What is the history of voting rights in America?• LO 5.4 What steps has government taken to protect women and minorities from discrimination?• LO 5.5 How can universities and employers use affirmative action to increase enrollment and employment of women and minorities? Copyright © 2012, 2011 Pearson Education, Inc. All rights reserved.
  • LO 5-1 To Learning ObjectivesThe Constitution and Civil Rights• 14th and 15th Amendments: – 14th Amendment recognizes citizenship rights. • Equal Protection Clause • Due Process Clause – 15th Amendment recognizes voting rights. • Right to vote cannot be denied on “account of race, color, or previous condition of servitude.” Copyright © 2012, 2011 Pearson Education, Inc. All rights reserved.
  • LO 5-2 To Learning Objectives Equal Rights• Civil Rights – Protections of the individual from arbitrary or discriminatory acts by the government or by other individuals based on an individual’s group status – Racial Equality • Plessy v. Ferguson (1896), separate-but-equal • Brown v. Board of Education of Topeka (1954) • Swann v. Charlotte-Mecklenburg Board of Education (1971), de jure segregation Copyright © 2012, 2011 Pearson Education, Inc. All rights reserved.
  • LO 5-2 To Learning Objectives Andersen Ross/Blend Images/PhotoLibraryCopyright © 2012, 2011 Pearson Education, Inc. All rights reserved.
  • LO 5-2 To Learning Objectives Equal Rights• Other Equal Rights Issues – Suspect Classification • This is the doctrine used when considering discrimination. • Certain types of distinctions among persons violate the Equal Protection Clause. • Race, ethnicity, and citizenship status are suspect classifications. – Gender Discrimination: the Court has not added gender to its list of suspect classifications. – Sexual Orientation: Romer v. Evans (1996) Copyright © 2012, 2011 Pearson Education, Inc. All rights reserved.
  • LO 5-3 To Learning ObjectivesVoting Rights• Suffrage:the legal rightto vote. Bettman/Corbis• Disenfranchisement: taking away the right to vote. Copyright © 2012, 2011 Pearson Education, Inc. All rights reserved.
  • North Wind Picture Archives LO 5-3 To Learning Objectives Hulton Archive/Getty ImagesCopyright © 2012, 2011 Pearson Education, Inc. All rights reserved.
  • LO 5-3 To Learning Objectives Voting Rights• Voting Rights and Representation – Many states employed different tools to disfranchise African Americans. • White Primary • Tests of Understanding • Grandfather Clause – Voting Rights Act (VRA) 1965 Copyright © 2012, 2011 Pearson Education, Inc. All rights reserved.
  • LO 5-4 To Learning Objectives Freedom from Discrimination– Public Accommodations - Civil Rights Act of 1964 • Fought discrimination in public housing and urban renewal • Criminalized discrimination based on race, religion, color, sex, or national origin in public places including private businesses such as hotels and restaurants • Fair Housing Act of 1968– Racially restrictive covenants prevented home sales to African Americans. Shelly v. Kraemer (1948)– Congress has enacted legislation extending civil rights protection to groups based on criteria other than race, religion, color, gender, or national origin. Copyright © 2012, 2011 Pearson Education, Inc. All rights reserved.
  • LO 5-4 To Learning Objectives Freedom from Discrimination• Housing – Racially restrictive covenants – Fair Housing Act of 1968 prohibited discrimination in all transactions involving Realtors.• Employment – Civil Rights Act of 1991 declared that hiring practices that have a disproportionate impact on women and minorities must be job-related and necessary. – Sexual Harassment - Two forms: • Quid pro quo • Hostile work environment Copyright © 2012, 2011 Pearson Education, Inc. All rights reserved.
  • LO 5-4 To Learning Objectives Freedom from Discrimination• Expanding and Limiting Protections – Americans with Disabilities Act: ended discrimination against disabled persons. – Title IX of the Education Amendments of 1972: prohibits gender discrimination in programs at educational institutions that receive federal funds. – Gay Marriage: many states have legalized gay marriage with several others legalizing a civil union for gay couples. – Boy Scouts of America v. Dale (2000): Court ruled in favor of Boy Scouts in its dismissal of a gay scout leader. Copyright © 2012, 2011 Pearson Education, Inc. All rights reserved.
  • LO 5-5 To Learning Objectives Affirmative Action• Refers to steps taken to ensure equal opportunities in employment and college admissions for racial minorities and women• Equal Employment Opportunity Commission (EEOC)• Minority Business Set-Aside: a legal requirement that firms receiving government grants or contracts allocate a certain percentage of purchases to minority-owned businesses.• Regents of the University of California v. Bakke (1978): reverse discrimination; the Court disallowed quotas. Copyright © 2012, 2011 Pearson Education, Inc. All rights reserved.
  • LO 5-5 To Learning ObjectivesCopyright © 2012, 2011 Pearson Education, Inc. All rights reserved.
  • If someone is not hired for a jobbecause of their race or gender, it is a violation of theira.Civil liberties.b.Civil rights.c.Right to Due Process.d.Privacy rights.
  • If someone is not hired for a jobbecause of their race or gender, it is a violation of theira.Civil liberties.b.Civil rights.c.Right to Due Process.d.Privacy rights.
  • Which Supreme Court case held that states could require separate facilities for African Americansand Anglos as long as the facilities were equal?a. Brown v. Board of Education of Topekab. Plessy v. Fergusonc. Gideon v. Wainwrightd. Sweatt v. Painter
  • Which Supreme Court case held that states could require separate facilities for African Americansand Anglos as long as the facilities were equal?a. Brown v. Board of Education of Topekab.Plessy v. Fergusonc. Gideon v. Wainwrightd. Sweatt v. Painter
  • Which of the following statements is true regarding consideration of a student’s race during a college’s admissions process?a. Colleges can “set aside” a percentage of admission slots for minority applicants.b. Colleges can give extra points to minority candidates when considering applicants for admission.c. Colleges can consider race as a “plus factor” during an individualized admissions process.d. Race can never be a factor in deciding whether or not to admit a student to a college.
  • Which of the following statements is true regarding consideration of a student’s race during a college’s admissions process?a. Colleges can “set aside” a percentage of admission slots for minority applicants.b. Colleges can give extra points to minority candidates when considering applicants for admission.c. Colleges can consider race as a “plus factor” during an individualized admissions process.d. Race can never be a factor in deciding whether or not to admit a student to a college.