Unit 3: Civil
Liberties
How have Equality and
Rights Changed over
time? Why?
Do Now: 9/26/13
Vocabulary (10mins)
Directions: Write, describe, and/or give examples of the following
vocabulary terms. When we share out, add information you may not have
included! You may work with a partner!
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•
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Precedent:
Dissent:
Concur:
Judicial Activism:
Judicial Restraint:
Unanimous:
Life tenure:
Civil Liberties:
De facto Segregation:
De jure Segregation:
Do Now: 9/26/13
Copy the vocabulary onto the sheet. Can you think of other
examples?
•
Precedent: an earlier event or action that is regarded as an example or guide. Ex: Plessy
established a precedent, which Brown overturned.
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Dissent: Written argument that disagrees with the majority.
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Concur: To agree with the majority.
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Judicial Activism: idea that interpretation of the U.S. based on the spirit of the times and the
needs of the nation can legitimately influence judicial decisions. Ex: Warren Court in Brown
decision was considered to be practicing “judicial activism”
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Judicial Restraint: idea that judges should limit the exercise of their own power. It asserts
that judges should hesitate to strike down laws unless they are obviously unconstitutional.
Ex: Brown Court in Plessy decision was considered to be practicing “judicial restraint”.
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Unanimous: Everyone agrees
Life tenure: Supreme Court Justices have life terms to prevent tyranny of the majority over
the minority.
Civil Liberties: rights and freedoms that provide an individual specific rights
De facto Segregation: in practice but not by law. Ex: neighborhoods that are predominately a
race/ethnicity
De jure Segregation: written in the law. Ex: “Colored only” facilities
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15 mins
http://www.youtube.com/watch?v=z0BxFRu_SO
w
How many of you can relate to what the girls
had said about skin color and race?
What were you surprised about?
How much of this do you think has to do with
past racism, segregation, and discrimination?
Present?
Exit Ticket (10mins)
Directions: For each question, use one piece of evidence from today’s lesson
and or court cases and at least vocabulary word (from do now).
1) How did the ruling of Brown v Board of Education 1954 differ from Plessy v
Ferguson 1898? How did each impact different groups in American
society?
2) Choose one other court case and explain
a) It’s background
b) What was the historical context of it’s decision?
c) What precedent was set?
3) In addition to ruling based on the Constitution and precedent, does prevailing
public opinion influence whether the Supreme Court accepts a case? How the
Supreme Court ruled on the case? Explain.
4) How would the framers like Madison who wanted to prevent the tyranny of
the majority over the minority have felt have felt about this?
Pop Quiz CH 4
(7mins) Choose 3 of the questions below and answer
in complete sentences on loose leaf…
1) What are civil liberties?
2) Define the Establishment Clause.
3) In which case did the Supreme Court
declare that the government could limit
free speech if it provokes a “clear and
present danger”.
4) What precedent was established in Roe
v Wade?
10/2/13 Do Now
The civil liberties we have had (on paper and in practice) since the
constitution was ratified in 1788 are… (check all that apply)
Americans have had the right to…
__ marry someone of a different race
__ to bear arms
__ to use birth control
__ terminate a pregnancy
__ swim at a public pool
__ to burn the flag
__ to know your rights before you get arrested
__ to have a lawyer present at your trial
__ to sit anywhere on the bus or train
__ to pass out flyers denouncing war
__ to vote
__ marry someone of the same sex
Answer…
The civil liberties we have had since the constitution was ratified in
1788 are… (check all that apply)
Americans have had the right to…
__ marry someone of a different race
X_to bear arms
__ to use birth control
__ terminate a pregnancy
__ swim at a public pool
__ to burn the flag
__ to know your rights before you get arrested
__ to have a lawyer present at your trial
__ to sit anywhere on the bus or train
__ to pass out flyers denouncing war
__ to vote
__ marry someone of the same sex
Civil Liberties, haven’t always been…
__ marry someone of a different race
(Loving v Virginia 1967)
__ to use birth control
(Connecticut v Griswold 1965)
__ terminate a pregnancy
(Roe v Wade 1973)
__ swim at a public pool
(Civil Rights Act 1964)
__ to burn the flag
(Texas v Johnson 1989)
__ to know your rights before you get arrested
(Miranda v Arizona, 1966)
__ to have a lawyer present at your trial
(Gideon v Wainwright 1963)
__ to sit anywhere on the bus or train
(Civil Rights Act 1964)
__ to pass out flyers denouncing war
(Brandenburg v Ohio 1969)
__ to vote
(white women= 1919, 19th Amendment/Suffrage; all others
Civil Rights Act 1964)
__ marry someone of the same sex
(United States v Windsor 2013, and even then, not all states have adopted this ruling into law)
10/3/13
Directions: Using the graph below, answer the following questions…
1) What is the topic of the graph? What question does it address?
1) What percent of people believe the Constitution should be interpreted based on
changes in society vs. believe it should be followed exactly as its written?
1) How does the graph relate to Thurgood Marshall’s quote: “We will see that the true
miracle was not the birth of the Constitution, but its life…”
1) If you were asked this question, how would you respond? Why?
How has our idea of what is right and wrong change
over time? Is the meaning of the constitution suppose
to change?
Public executions were
common, last one in
America was 1936. Why do
we not have them any
more?
“We will see that the true
miracle
was not the birth of
the Constitution, but its
life…”
-Thurgood Marshall, 1987
Objective
Essential Q: How have civil liberties changed over time?
IWBAT: Analyze how the Supreme Court has
interpreted the Bill of Rights over time by
– Identify the “clauses” and landmark cases that are
related to various Amendments
– Identify the precedent, & significance of the
precedents set in Supreme Court decisions
4) College Skills:
Listening, note-taking, analytical thinking
Due Process Clause:
Part of the 14th Amendment guaranteeing that “life, liberty,
property not be taken without due process of law”.
• Barron v Baltimore 1833
– Barron had his “property” (Wharf)
ruined when the city diverted a river
– Sued the state for violation of 5th Amendment’s
guarantee, that no person be, “deprived of life, liberty,
or property, without due process of law ”.
– Chief Justice John Marshall held that the first ten
"amendments contain no expression indicating an
intention to apply them to the State governments.”
– Precedent=Only Federal Gov. had to respect the bill of
rights.
Due Process Clause:
Part of the 14th Amendment guaranteeing that “life, liberty,
property not be taken without due process of law”.
• Gitlow v New York 1925
– Gitlow was a socialist got in trouble for printing a
“anarchist” manifesto, violated a New York’s Criminal
Anarchy Law. His case made it to the Supreme Court.
– Court announced that 1st Amendment rights, freedom of
speech and press were “fundamental” and are protected
by 14th Amendment’s due Process Clause. Reversed
precedent set in Barron, NEW: precedent even states have
to follow Bill of Rights.
• Incorporation Doctrine
– Nationalized the Bill of Rights
– By states NOT following the Bill of Rights, they would be
violating 14th Amendment. Amendments 1-8 are so
fundamental they are protected by 14th Amendment.
Establishment Clause:
1st Amendment: “Congress shall make no law
respecting an establishment of religion...”
• Engel v Vitale 1962
– Court ruled that NY state officials violated the
establishment clause, when they wrote a prayer to be
recited in public school
• Lemon v. Kurtzman 1971
– Could federal aid go to church related schools?
– Supreme Court set the precedent that it could so long as
the met these 3 standards:
1.
2.
3.
Secular purpose
Neither advances nor prohibits religion
Doesn’t entangle Gov in religon
Significance: Gov. cannot respect or promote a specific
religion
Free Exercise Clause
“Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof…”
• Employment Division v Smith 1988
– Can groups use the hallucinogenic
cactus peyote if it’s part of their
religion?
– Court ruled that in this case, there
wasn’t a compelling interest to why
they should in this case.
• Freedom Restoration Act 1993
– Congress went over the head of
Judiciary Branch’s ruling/precedent set
in Smith case…act gave more freedoms
to practice religion. Supreme Court
ruled the law unconstitutional, until
2000.
Guantanamo Bay:
166 imprisoned at Guantanamo
Started as a US naval base, in 2002 was turned into a detainment
facility
Boumedine v Bush 2008
Supreme Court ruled foreign terrorism suspects have the right
to a trail in U.S. Courts.
Article One, Section 9, clause 2
– "The privilege of the writ of habeas corpus (detention without
evidence) shall not be suspended, unless when in cases of
rebellion or invasion the public safety may require it.”
– Punishment without a trail
8th Amendment: cruel and unusual punishment
Does keeping Guantanamo Bay open violate the Supreme Court
precedent set in Boumedine, Article 1, and the 8th Amendment?
Mid-Ticket (10mins)
Directions: Use your notes to match the 8. The 14th Amendment says that no
following cases to their respective
person shall be denied “life, liberty, or
clauses, Amendments, & precedents
property without ____”
1. The Amendment that holds the
Establishment Clause is ___
2. The Establishment Clause states ____
3. The Free exercise Clause basically says
___
4. In ____, the Supreme Court ruled our
1st Amendment right to free speech is
fundamental
5. In _____, the Supreme court ruled
states did not have to follow the Bill of
Rights, only the Fed Gov.
6. The Due Process clause is found in the
___
7. Suspension of Habeus Corpus is ___
a.
b.
c.
d.
e.
f.
g.
h.
i.
Engel v Vitale
Gitlow v New York
Barron v Baltimore
Detention without evidence
1st Amendment
14th Amendment
Congress shall make no law respecting
an establishment of religion…
due process of the law
Congress can’t prohibit the exercise of
religion
Objective (part 2)
Essential Q: How have civil liberties changed over time?
IWBAT: Analyze how civil liberties change overtime using
at least 2 landmark Supreme Court cases decisions by
– Identifying historical context
– Evaluating how public opinion influenced Supreme
Court Case decisions
– & Evaluating the significance of the decision’s
precedent (how did it change American society?)
4) College Skills:
Listening, note-taking, analytical thinking
Plessy v Fergusson 1898
• Homer Plessy: was Creole, (mixed) a term used to
refer to black persons in New Orleans who traced
some of their ancestors to the French, Spanish,
and Caribbean settlers of Louisiana before it
became part of the United States.
• Louisiana passed Separate Car Act, legally
segregating common carriers in 1892
• A black civil rights organization (interest group)
decided to challenge the law in the courts. Plessy
deliberately sat in the white section and
identified himself as black. He was arrested, case
made it’s way to the Supreme Court.
• Q: Did the Act violate his 13th (“badge of slavery”)
& 14th (equal protection) Amendment rights?
Historical Context:
The end of Slavery…
• 1865, 13th amendment abolished slavery
– "Neither slavery nor involuntary servitude, except as a
punishment for crime whereof the party shall have been duly
convicted, shall exist within the United States, or any place
subject to their jurisdiction.”
• 1867: “Radical Reconstruction”.
– Republican (then liberal) led Congress removed civilian
governments in the South in 1867 and put the former
Confederacy under the rule of the U.S. Army, to make sure Blacks
could vote, even banned former Whites officials from running for
office. However, by 1870, Democrats became majority in the
house and push to extend rights to Blacks in the South ended.
• 1865: Birth of the Klu Klux Klan
– Between 1865 and 1867, when white Democrats (then
conservative) controlled the government, whites murdered an
average of one black person every day in Hinds County,
Mississippi.
• 1876 - 1965 Jim Crow laws
– Mandated de jure racial segregation in all public facilities in
Southern states of the former Confederacy
Hiram Revels, first African
Amer. Senator, Mississippi 1870
Historical Context
African American people
deprived of the due
process of law.
This article, published in
the January 4, 1890, issue
of the Planet, an African
American newspaper of
the time, provides a listing
of African Americans
lynched in the South.
Turn to an elbow partner
and
1) Discuss the list…
2) The image to the left
3) What was going on in
America and the South in
the late 1800s before
Plessy sat on the train car?
The Decision
Majority Opinion of the Court
• “We consider the underlying fallacy of the
plaintiff’s argument …that the enforced
separation of the two races stamps the
colored race with a badge of inferiority. If this
be so, it is …solely because the colored race
chooses to put that construction upon it…”
-Chief Justice Henry Brown, Writing the majority
opinion in Plessy v Ferguson 1896
Dissent…
• “In view of the Constitution, in the eyes of the
law, there is in this country no superior,
dominant, ruling class of citizens. There is no
caste here. Our constitution is color-blind…. In
respect of civil rights, all citizens are equal
before the law.”
-Justice John Marshall Harlan’s sole dissent in
Plessy v Ferguson 1896
Precedent
Establishes
“Separate but
Equal”
Doctrine
Legitimized
segregation
practices,
made them
ubiquitous
Legal Segregation for 67 years (until
1965 Civil Rights Act enforced full
ruling of Brown v. Board)
http://www.youtube.com/wa
tch?v=o7Viboi_z5E
The Daily Oklahoman,
1907.
How were Blacks depicted in
this newspaper?
What did the precedent set in
Plessy allow to happen?
1948
Truman
desegrega
ted
Armed
Forces
Brown v Board of Education 1954
• Supreme Court Ruled the Segregation was
“inherently unequal”
• Decision was UNANIMOUS= very strong precedent
• Equal Protection Clause: No person in US jurisdiction
shall be denied equal protection of the laws (14th
Amendment)
• Precedent: reversed doctrine of separate but equal
established in Plessey v Fergusson 1896. Equal
Protection for racial minorities established.
States had “to admit to public schools on a racially
nondiscriminatory basis with all deliberate speed the parties
to these cases.”
Brown v. Board of Education 1954
• All states had to integrate schools, because of
Supremacy Clause (Article VI)…but not all states were
willing to jump on board the idea of integration.
http://www.youtube.com/watch?v=2a32Uc1oP7s
(Watch first 6 mins)
• Why did this Supreme Court Decision cause so much
Controversy?
• How is it an example of Federalism?
• What Constitutional idea, amendment, or clause did
the Supreme Court Justices evoke in their ruling?
• What was the historical context of this ruling?
• How did this ruling change American society?
1960s
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“Civil disobedience” and a decade of protest
Watts Riots 1969 (Redlining & “White flight” cause de jure
segregation in LA)
Cesar Chavez & the Chicano Movement 1960s
Police Brutality Rampant
Vietnam War (TV coverage for the 1st time)
Martin Luther Kings March on Washington 1963
Take back the Schools 1968 “East LA Walkouts”
– 1967 The Mexican American community--highest high school
dropout rate and lowest college attendance among any ethnic
group in CA.
– Poor facilities and underestimation of student capabilities by
teachers created atmosphere hostile to learning
– East LA students staged a walkout demanding bilingual
education, more Latino admins and teachers, text books to
include Mexican American History)
•
•
•
•
http://www.youtube.com/watch?v=Kd5hyurnra0
http://brainz.org/10-greatest-protests-20th-century/
http://www.history.com/topics/vietnam-warprotests/speeches#johnson-will-not-seek-re-election
http://www.youtube.com/watch?v=mUc2eLe-ruI
Exit Ticket (10mins)
Directions: For each question, use one piece of evidence
minimum from today’s lesson and or court cases and at least.
1) What were the legal questions and precedent in Plessy v
Fergusson?
2) What were the legal questions and precedent in Brown v
Board of Education?
3) What was the historical context of each case’s decision?
4) How did the two precedents set in these cases differ from one
another?
5) In addition to ruling based on the Constitution and precedent,
does prevailing public opinion influence whether the Supreme
Court accepts a case? How the Supreme Court ruled on the case?
Explain.
Gideon v Wainwright 1963
• http://www.cbsnews.com/8301-33816_162-57574701/gideonv-wainwright-case-providing-defendants-an-attorney-turns-50/
• Florida burglar arrested and wasn’t given a lawyer
• Indigent: poor, couldn’t afford a lawyer. Went to jail for 2 years
and begin to study the Constitution.
Q: Did not being provided counsel violate his 6th Amendment
right?
• Set the precedent for…
• Right to Counsel
– 6th Amendment: “…to have the
assistance of counsel for his defense…”
No matter how little money you had, you were to be
Provided a lawyer
Miranda v Arizona 1966
• 1963 arrest of Phoenix resident Ernesto Miranda,
who was charged with rape, kidnapping, and robbery.
• Miranda, who had a history of mental instability, was not
informed of his rights prior to the police interrogation.
Q: Can evidence be used to convict someone if they didn’t know they could
be silent? Does doing this violate the Due Process clause of the 14th and 5th
Amendment?
• in a 5-4 decision written by Chief Justice Earl Warren, ruled
– the police had failed to first inform Miranda of his right to an
attorney and against self-incrimination.
– The Constitution's 5th Amendment, gives a criminal suspect the right
to refuse "to be a witness against himself," and Sixth Amendment,
which guarantees criminal defendants the right to an attorney.
• Precedent: Police had to inform accused of their 5th Amendment rights
to remain silent, not be a witness against yourself
Rights of the Accused
• http://www.pbs.org/wnet/supremecourt/index.h
tml
– What precedents were set in the Gideon and Miranda
cases? Why are they significant?
– In regards to the 4th, 5th, & 6th Amendments, what is
the significance of Justice Hugo Black statement that,
“…these rights are suppose to make it more difficult to
convict people.”
– What was the historical context of Miranda and
Gideon? What was going on in America at the time?
How did this influence the case?
Rodriguez v San Antonio 1973
• San Antonio gave schools money based on property taxes
• Edgewood group of concerned Parents, (headed by Rodriguez) sued the state of
Texas
– Library books: North East had 9.42 books per
student; Edgewood had 3.9 books per student
– Teacher/Pupil Ratio: North East's ratio was
1/19; Edgewood's was 1/28
– Dropout rate, secondary students: North East's rate
was 8%; Edgewood's was 32%
Q: Did the unequal educational system/resource distribution violate the Equal
protection Clause of the 14th Amendment?
• Supreme Court ruled system was NOT unconstitutional
• Chief Justice Lewis Powell led the 5-4 majority
– education was “neither ‘explicitly or implicitly’ protected in the Constitution.” He also found
that Texas had not created a suspect class related to poverty. State could continue its school
financing plan as long so it was “rationally related to a legitimate state interest.”
– Powell “Although the Court [in Brown v Board of Ed] was surely right to order desegregation,
there are—there have to be—stopping points.” RODRIGUEZ was that stopping point.
• Precedent: Federal Gov’s job is not to make education equal for ALL
Regents of the University of California
v. Bakke 1978
• Allan Bakke applied to University of California Medical
School at Davis. He was rejected both times.
• The school reserved sixteen places in each entering class of
one hundred for "qualified" minorities
Q: Did the UC Davis violate the Fourteenth Amendment's
equal protection clause, and the Civil Rights Act of 1964, by
practicing an affirmative action policy that resulted in the
repeated rejection of Bakke's application for admission to its
medical school?
• Justice Lewis Powell
– university could use "race-conscious" factors in selecting its
applicants in order to achieve the benefits of a "diverse student
body.” But quotas did violate 14th amendment equal protection
clause.
• Precedent: Weaker b/c it was split. No quotas
Reflection Qs
Supreme Court on Equality
• Compare the rulings in Brown v Board & Rodriguez v San Antonia.
How were the precedents similar? Different?
• How were the cases above different and similar to Bakke?
• How was the historical context of Brown v Board different from
Bakke and Rodriguez? Do you think this influenced how the court’s
decision?
• What was the significance of Rodriguez and Bakke rulings? How did
these rulings impact American society?
• If “preferential” treatment should not be given to certain groups,
should we do away with FASFA? What about sports scholarships
that give preference to often times able bodied, less academically
prepared students?
• Does everyone have an equal opportunity to succeed? Should they?
• Think about the following Data…
2012 Data
http://www.amer
icanprogress.org/
issues/labor/repo
rt/2012/07/12/1
1938/the-stateof-diversity-intodaysworkforce/
July 2001 and January 2002 a "field experiment" by NBER Faculty Research Fellows done to
observe discrimination in workforce. Researchers responded to help-wanted ads in Chicago
and Boston newspapers, they sent resumes with either African-American- or whitesounding names
Source:
National
Center for
Education
Statistics,
2009
Feminism and Women’s Rights 1960s1970s
• http://www.yo
utube.com/wa
tch?v=wJlao3vJNY
• http://video.p
bs.org/video/2
336932877/
Roe v Wade
• Roe v. Wade (1973) ruled unconstitutional
a state law that banned abortions except to
save the life of the mother. The Court ruled
that the states were forbidden from outlawing or
regulating any aspect of abortion performed during the
first trimester of pregnancy, could only enact abortion
regulations reasonably related to maternal health in the
second and third trimesters, and could enact abortion
laws protecting the life of the fetus only in the third
trimester. Even then, an exception had to be made to
protect the life of the mother.
http://video.pbs.org/video/2326536776/
Gay Rights…not over night
• http://nation.time.com/2013/03/26/prideand-prejudice-an-interactive-timeline-of-thefight-for-gay-rights/
United States v Windsor 2013
• Edith "Edie" Windsor and Thea Spyer had been married in Canada. When Thea
died, Edith was required to pay estate taxes that a married widow would not
have to have paid.
• USA’s DOMA-Defense of Marriage Act 1996, Federal law that allows states to
define marriage as only between a man and woman & didn’t recognize Windsor
and Spyer’s marriage. Edith had to pay over $300,000
Q: Can the states deny a certain group of people the right to marry?
Does it violate 5th Amendment right to due process?
• Justice Anthony Kennedy authored the majority opinion, joined by
Justices Ginsburg, Breyer, Sotomayor, and Kagan:
– “…Under DOMA, same-sex married couples have their lives burdened…It
prevents same-sex married couples from obtaining government healthcare
benefits they would otherwise receive…It deprives them of the Bankruptcy
Code's special protections for domestic-support obligations…”
Precedent: Denying same sex couples the right to marry violates 5th Amendment
due process clause (can’t “deprive any person of life, liberty, or property, without
due process of law).