AP US GOVERNMENT
& POLITICS
UNIT 8 CIVIL LIBERTIES/CIVIL RIGHTS
POWERPOINT #13:
Civil Liberties
• Civil liberties: the legal constitutional
protections against government. (Although
liberties are outlined in the Bill of Rights it has been the job
of the courts to interpret their meaning).
• Civil rights: the notion that all people (regardless of
race, gender, etc.) are entitled to civil liberties. Due to
past discrimination in America, policies have
come about designed to protect people against
discriminatory treatment and to ensure people’s
liberty.
Enforcing the Bill of Rights
• Due to the Federalist system (a national government
sharing power with state governments) many state
governments considered the Bill of Rights to
constrain the national government and not them.
• Barron v. Baltimore (1833): the Supreme
Court ruled that the Bill of Rights restrained
the national government, and not states or
cities.
The Supreme Court says
we don’t have to listen
to the Bill of Rights!
• However, after the Civil War and the adoption of
the 14th Amendment it became clearer that states
would have to abide by the Bill of Rights.
• The 14th Amendment is a “grab bag” of an amendment because it
addresses a variety of issues including citizenship, equal
protection, due process, and the national debt.
• The due process clause of the 14th Amendment:
“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.”
• The process of nationalizing the Bill of Rights –
incorporation doctrine – was solidified under . . .
• Gitlow v. New York (1925): the Supreme Court ruled that
freedom of speech is a fundamental personal right and
liberty protected by the due process clause. Therefore,
states MUST also follow the Bill of Rights.
The Supreme Court says now
you do have to follow the Bill
of Rights!
First Amendment
‐ The constitutional amendment that established
the 5 liberties: Freedom of religion, of speech, of
the press, and to assemble and petition
• “Congress shall make no law respecting an establishment
of religion, or prohibiting the free exercise thereof; or
abridging the freedom of speech, or of the press; or the
right of the people peaceably to assemble, and to
petition the Government for a redress of grievances.”
•(RELIGION) Establishment Clause:
“Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise
thereof; or abridging the freedom of speech, or of the press; or the
right of the people peaceably to assemble, and to petition the
Government for a redress of grievances.”
• This has been interpreted as “separation of
church and state,” i.e.
government should not
create policy that would
promote a state religion.
• (RELIGION) Free Exercise Clause:
“Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or
abridging the freedom of speech, or of the press; or the right of the
people peaceably to assemble, and to petition the Government for a
redress of grievances.”
• This has been interpreted
as people have the right to
worship or not worship as
they choose.
– The Supreme Court has ruled people
have the right to believe what they
want, but not necessarily practice
as they choose.
• (SPEECH & PRESS) First Amendment
• “Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or abridging
the freedom of speech, or of the press; or the right of
the people peaceably to assemble, and to petition the Government
for a redress of grievances.”
• Important free speech cases:
– Schenck v. United States (1919) clear & present danger
– Roth v. United States (1957) obscenity
– New York Times v. Sullivan (1964) libel
– Texas v. Johnson (1989) flag burning
• The Bill of Rights mentions specific rights (speech, fair
trial), but people have also argued that the Bill of
Rights implies other liberties.
• Congress too has interpreted the Constitution to
imply things not explicitly stated as a means of
obtaining more power.
– They used the necessary & proper clause to justify the creation
of powers to carryout the expressed powers.
• Individuals often use the 9th
Amendment (unenumerated powers) and
other amendments to justify freedoms
and rights not explicitly stated.
• There is no amendment that explicitly states people have
a right to privacy ‐ the right to a private personal life free
from the intrusion of government. The right to be left
alone. However, the Supreme Court has ruled in . . .
• Griswold v. Connecticut, 1965: The Supreme Court ruled that
people have a right to privacy; they said unstated liberties are
implied by the explicitly stated rights. The backdrop of the case
was contraception.
• Roe v. Wade, 1973: The Supreme Court ruled that a state
government’s ban on abortion (during the first trimester) violated
one’s right to privacy.
Rights of the Accused
• In short, those accused of crimes (defendants)
have the right . . .
– of habeas corpus
– to be protected from ex‐post facto
– to a jury trial
– to a speedy trial
– to not be forced into self‐incrimination
– to counsel (an attorney)
I got rights!
– to be protected from unreasonable searches and
seizures
– to be protected from cruel and unusual punishment
• The notion is that in order for the government to
take your right to life, liberty, and property, it must
follow due process as guaranteed in the 14th
amendment.
• The due process clause of the 14th Amendment:
“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.”
• In other words, the government (including state
governments) must act fairly and use fair procedures.
The Supreme Court has defined due process on a
case by case basis.
Dissecting the 14th Amendment
Citizenship Clause: If a person is
born in the United States, they are
a citizen
This clause was designed to
overturn the Dred Scott Decision
Due Process Clause: States could not
deprive citizens of their rights without
due process of law
Served as the basis for Selective
Incorporation
Equal Protection Clause: Every citizen
is guaranteed equal protection under
the law
Served as the court’s basis for the
Brown v. Board of Education ruling
Selective Incorporation: Applying the Bill of Rights in parts to the states via the 14th Amendment
• One’s civil liberty to be protected from illegal
searches and seizures is guaranteed in the 4th
Amendment: “The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches and seizures, shall
not be violated, and no Warrants shall issue, but upon probable cause,
supported by Oath or affirmation, and particularly describing the place to be
searched, and the persons or things to be seized.”
• The Supreme Court has interpreted the 4th Amendment
in a manner that evidence obtained from an
unreasonable search and seizure to be
unconstitutionally and thus not allowed in court –
exclusionary rule.
• Mapp v. Ohio (1961):The Supreme Court ruled that one’s
4th Amendment right to be protected from unreasonable
searches and seizures also applies to state governments.
• Self‐incrimination: A defendant does NOT have to prove
their innocence, rather the burden of proof is on the
government / prosecution. This right is outlined in the
5th amendment. The Supreme Court has ruled that those arrested (i.e.
accused of a crime) must be notified of this right (Miranda v. Arizona, 1966).
• Right to counsel: those charged with crimes have the
right to an attorney as outlined in the 6th Amendment.
• Gideon v. Wainwright (1963): The SC found that anyone
accused of a felony where imprisonment may be imposed, however poor they
might be, has a right to a lawyer.
• Fair and speedy trial: people have the right to a
speedy and public trial with an impartial jury. This is also
outlined in the 6th Amendment.
Other parts of the 6th Amendment
• “In all criminal prosecutions, the accused
shall enjoy the right to a speedy and public
trial, by an impartial jury of the State and
district wherein the crime shall have been
committed, which district shall have been
previously ascertained by law, and to be
informed of the nature and cause of the
accusation; to be confronted with the
witnesses against him; to have compulsory
process for obtaining witnesses in his favor,
and to have the Assistance of Counsel for
his defence.”
Habeas
corpus
Right to
confront
your accuser
You may force
witnesses to
appear at
court
• One has the right to be protected from cruel &
unusual punishment under the 8th Amendment.
It is up to the Supreme Court to interpret what
“cruel and unusual” means.
– Gregg v. Georgia (1976): The Supreme Court upheld the
constitutionality of the death penalty/capital punishment.