An Introduction to Civil Liberties & Civil Rights

Civics

What’s the difference between them?

Civil liberties involves basic freedoms (individuals)

Protection of the 1st amendmentCivil rights involves protection

against discriminatory treatment (groups)

Protection of 14th amendment

Sources of Protection:

The ConstitutionThe Bill of RightsLegislationCourt decisionsState Constitutions

The nature of them and whom it applies to…NOT absolute“Balancing Test” (freedom v.

order)Most rights and freedoms

granted to all in USExceptions: non-citizens may not

*vote, *serve on jury, *stay unconditionally, *hold public office,

Why not?

The 14th Amendment

The history of the civil rights movement parallels the “nationalization” of the 14th

Equal Protection for All: A delayed reality

“No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States…” –Equal Protection Clause

The 14th Amendment Prior to passage, the Bill of Rights

was the only protection citizens had Gave protection ONLY against the

national government! The issue of slavery stopped the

concept of “all men created equal” (Dred Scott)

Shouldn’t 14th“nationalize” the Bill of Rights? (apply to states)

The 14th AmendmentSuits by individuals against states

b/c of denial of property (under 5th & 14th)

The Slaughterhouse Cases (1873)Result was protecting “business”

purposes of 14th, not blacks!Plessy v. Ferguson put issue to

rest (est. Jim Crow)

How did the 14th Amendment become a basis for movement?

Nationalization was an important step…

“Total Incorporation” view- apply all provisions of B of R to states

“Selective Incorporation” view- apply only some of the provisions to states

Gradual, case by case Ex. Gitlow v. NY (1925): states can’t

deny free speech & press “liberty of due process

How did the 14th Amendment become a basis for movement?

It took the SC 50 years to reverse decision (Plessy)

Brown v. Board was biggest contributor to incorp., but began with Gitlow v. NY

States had to end segregation “with all deliberate speed” (Brown)

The Significance of Brown Case

The activist court used incorp. to promote 14th’s due process & equal protection

Criteria set-up:1) Reasonable classification:Laws must treat indiv. equallyBenefit of doubt goes to govt.

The Significance of Brown2) Rational Basis test: If legis. intent is reasonable

and serves public good (age & drinking), ok

3) Strict scrutiny test:Places burden on states to

prove law (race & ethnicity) fulfills a “compelling govt. interest”