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
•
•
•
•
•
•
•
•
•
•
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?