Civil Liberties and Civil Rights

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Presentation transcript:

Civil Liberties and Civil Rights Chapter Three Civil Liberties and Civil Rights

Enduring Questions Why not display religious symbols on government property? If a person confesses that he has committed a crime, why is that confession sometimes not presented in court? Should numerical goals be used to ensure that students and workers are drawn from every racial group? Why has abortion become so controversial an issue? Copyright © Houghton Mifflin Company. All rights reserved.

Civil Rights and Civil Liberties Definition of civil liberties Definition of civil rights Bill of Rights added as amendments to Constitution, following ratification Initially, Bill of Rights applied to the federal government Americans preoccupied with rights for a number of reasons Few rights are absolute, most are in conflict Copyright © Houghton Mifflin Company. All rights reserved.

Exceptions to protection Freedom of Expression If government wants to restrict expression, it carries the burden of proof Exceptions to protection Corporations have many of the same rights as individuals, except those relating to campaign finance Minors do not have same rights as adults Copyright © Houghton Mifflin Company. All rights reserved.

The establishment clause Church and State Free exercise clause The establishment clause Copyright © Houghton Mifflin Company. All rights reserved.

Most nations punish police misconduct apart from the criminal trial Crime and Due Process Both the meaning of the protections and the implementation of the Court’s decisions are matters of controversy Most nations punish police misconduct apart from the criminal trial United States punishes by excluding improperly obtained evidence Copyright © Houghton Mifflin Company. All rights reserved.

Crime and Due Process (Cont’d) The exclusionary rule Search and seizure Confessions and self-incrimination Relaxing the exclusionary rule Copyright © Houghton Mifflin Company. All rights reserved.

Terrorism and Civil Liberties USA Patriot Act Powers of government investigators who have a court order Other investigatory powers Statutes of limitation on terrorist crimes eliminated and penalties increased Noncitizens believed to be terrorists or who have harbored terrorists to be tried in a military court Copyright © Houghton Mifflin Company. All rights reserved.

Equal Protection of the Laws Violations of the equal protection clause Race and strict scrutiny Copyright © Houghton Mifflin Company. All rights reserved.

Table 3.1: Increase in Number of Black Elected Officials Copyright © Houghton Mifflin Company. All rights reserved.

Equal Protection of the Laws (Cont’d) Sex and “reasonable classifications” Sexual harassment The draft: Rostker v. Goldberg (1981) Privacy and sex Copyright © Houghton Mifflin Company. All rights reserved.

Reconsidering the Enduring Questions Why not display religious symbols on government property? If a person confesses that he has committed a crime, why is that confession sometimes not presented in court? Should numerical goals be used to ensure that students and workers are drawn from every racial group? Why has abortion become so controversial an issue? Copyright © Houghton Mifflin Company. All rights reserved.