American Civil Rights and Liberties

POL 101
Introduction to American Politics

Monday, September 14

John Locke, Natural Rights, and the Declaration

John Locke
Human beings have a natural right to life, liberty, and
property.

Thomas Jefferson, Declaration of Independence

Men are endowed by their Creator with certain inalienable
rights; that among these are life, liberty, and the pursuit of
happiness; and that, to secure these rights, governments are
instituted among men.

How do we define these rights and liberties?

Rights vs. Liberties

Civil Liberties
Individual freedoms guaranteed to the people that RESTRICT
government action.
Freedom of religion, freedom of speech.

Civil Rights
Individual freedoms guaranteed to the people that are
PROTECTED by government action.
Right to vote, right to a fair trial.

Most of the Bill of Rights spells out civil liberties.

Origins of the Bill of Rights

Constitution does not clearly define the line between state and
national powers.
What stops the federal government from infringing on basic
rights and liberties?

Thomas Jefferson proposes a Bill of Rights to further check

the power of the national government over individuals.
Opponents argued that listing specific rights would imply that
other rights would remain unprotected.
Alexander Hamilton and James Wilson

Bill of Rights

1) Freedom of religion, freedom of speech and the press,

freedom of assembly, freedom to petition government.
2) Right to bear arms.
3) Prohibits the quartering of soldiers.
4) Prohibits unreasonable search and seizures requires
warrant.
5) Requires grand jury indictment before trial; prohibits double
jeopardy; prohibits any person from being forced as a witness
against himself; prohibits depriving life, liberty, or property;
requires compensation for property taken for public use.

Bill of Rights

6) Right to a speedy and public trial with a jury of peers;

habeas corpus.
7) Requires a jury trial for cases involving greater than $20.
8) Prohibits excessive bail, excessive fines, and cruel and
unusual punishment.
9) Rights are not limited to those in the Constitution.
10) Powers not granted explicitly to the national government
nor prohibited to the states are reserved to the states and the
people.

Nationalization and Incorporation

Bill of Rights originally applied only to the federal

government.
Barron v. Mayor & City Council of Baltimore (1833)
These amendments demanded security against the
apprehended encroachments of the [federal] government, not
against those of the [state] governments.

Incorporation applying the Bill of Rights to the states

didnt begin until after the Civil War.

Nationalization and Incorporation

14th Amendment
All persons born or naturalized in the United States, and
subject to the jurisdiction thereof, are citizens of the United
States and of the state wherein they reside. No state shall
make or enforce any law which shall abridge the privileges or
immunities of citizens of the United States; nor shall any state
deprive any person of life, liberty, or property, without due
process of law; nor deny to any person within its jurisdiction
the equal protection of the laws...

Nationalization and Incorporation

How to define...
privileges and immunities?
due process of law?
equal protection of the laws?

Slaughterhouse Cases (1873)

Court rules that the privileges and immunities clause does not
restrict the states authority to define its citizens rights and
obligations.

Hurtado v. California (1884)

Court rules that the 14th Amendment does not apply the 5th
amendment (indictment by a grand jury) to the states.

Nationalization and Incorporation

Gitlow v. New York (1925)

The Court finally applies the 1st Amendment to the states
(freedom of speech and freedom of the press).

Near v. Minnesota (1931)

For the first time, the Court overrules a state law as a violation
of the 14th Amendments due process clause.

Gitlow and Near mark the beginning of incorporation.

When Rights Conflict

Rights can conflict between individuals.

Prayer in schools
Kim Davis and gay marriage.

Rights can conflict between an individual and society.

Seatbelt laws, gun rights, PATRIOT Act.

Courts often serve to mediate these conflicts between rights.

The Role of Citizenship

Subjects in authoritarian systems often dont have these

rights.
Citizens in nonauthoritarian systems often do have these
rights.
What about non-citizens?
Citizenship is the key to legal rights AND access to the courts.

Congresss Role in Civil Rights

Un-American Activities Committee (1938)
Limited rights by persecuting American citizens for suspicion
of Communist leanings.

Civil Rights Act of 1964

Aimed at ending discrimination on the basis of race, sex,
religion, and ethnicity.

Civil Rights Act of 1991

Broadened civil rights in the workplace.

Repeal of Dont Ask, Dont Tell

Opened military service opportunities for gays and lesbians.

Presidents Role in Civil Rights

President can urge Congress to pass legislation

Kennedy pushed a civil rights act through Congress, signed by
Johnson after his death (Civil Rights Act of 1964).

President Obama and Guantanamo Bay

President can also lobby the Supreme Court to come to a
preferred decision.

The Peoples Role in Civil Rights

Citizens can file lawsuits to defend their civil rights.

Citizens also join groups to represent their rights.
American Civil Liberties Union (ACLU)
National Rifle Association (NRA)
National Association for the Advancement of Colored People
(NAACP)
National Organization for Women (NOW)
American Association of Retired Persons (AARP)