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Rights ensure that claims upon government are fulfilled and that people are treated fairly and equal:
1. Enable individuals to engage in activities central to citizenship or legal immigrant status, such as voting or petitioning the government.
2. Guarantee freedom from oppressive actions by others that seek to deny an individual's full status as an equal member of society. (i.e. rights of the accused, right of children to receive an adequate education)
GOV --Rights--> Individuals |
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Freedoms protected from interference by the government or by others, such as freedom of speech and religion.
GOV. ---Improper gov. action---> Liberties protect the in. |
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laws passed after the Civil War to establish a system of segregation of public facilities and private establishments that made African-Americans second class citizens.
* Slaughter House Cases (1873): the Court ruled that the 14th Amendment applied only to discrimination against blacks and the equal protection only laws not private conduct --> led to the Jim Crow Laws |
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a social movement of the 1950s and 1960s focused primarily on the situation of African Americans, but also promoted the goals that all people be treated as equals under the law and that discrimination based on race, religion, ethnicity, gender, and place of origin be eliminated.
* the national government has the OBLIGATION, and authority, to protect the basic civil rights and political rights of all cities --> EQUALITY.
- Southern states believed that the national government had to no authority to regulate race relations, that power rested in the states.
- Advocates of the civil rights movement protested in nonviolent ways to pressure government to change the laws and eliminate discrimination.
* the Courts played a major role in enforcing voting rights for racial minorities and equal access to housing/education/public benefits. |
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| the right to legal protection against arbitrary deprivation of life, liberty, or property. |
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the principle that laws passed and enforced by the states must apply fairly to all individuals.
* Three-tiered classification scheme on the equal protection clause:
1. strict scrutiny
2. intermediate scrutiny
3. rational basis test |
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the process by which rights and liberties established by the Bill of Rights are applied to state and local government through the 14th Amendment. This altered American federalism and the balance of authority tipped to the national government.
* particular historical circumstances are important in determining how constitutional institutions or ideals are applied in practice. (i.e. cross burning issue -> the different interpretations of freedom of speech) |
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"suspect classification"...the highest level standard used by the Supreme Court to determine whether a law is compatible with the Constitution. A law subject to this standard is considered unconstitutional unless it advances a "compelling state interest" and represents the least intrusive means.
i.e. Roe v. Wade: the states' interest in protecting the unborn child was not compelling enough to overcome a woman's right to privacy. |
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the lowest level standard used by the Supreme Court to determine whether a law is compatible with the Constitution. A law subject to this standard is assumed to be constitutional as long as its goals are clearly linked to its means.
i.e. Tobe v. Santa Ana (1995) -- A Santa Ana, California ordinance prohibiting people from camping on the street was challenged on grounds of equal protection because it punished homeless people merely because of their status of being homeless. The Supreme Court used rational basis analysis and upheld the ordinance because there was a rational relationship between the city's goal of maintaining its streets and its prohibition against camping in those streets. |
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an intermediate standard used by the Supreme Court to determine whether a law is compatible with the Constitution. A law subject to this standard is considered constitutional if it advances "an important government objective" and is "substantially related" to the objective.
i.e. U.S. v. Virginia Military Institute: VMI was a single-sex university challenged under the Equal Protection clause for its exclusive male only admission policy. The state's fear that the admission of women would deteriorate the program is not rationally related to the successful admission of women in federal academies nor is a rational generalization about the way most women are. |
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efforts to redress the previous discrimination against women and minorities through active measures to promote their employment and educational opportunities, but this merely creates a form of discrimination on another group in the interest of redressing another.
i.e. colleges promoting admission to certain racial or ethnic groups. |
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| Courts role in Rights and Liberties |
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Definition
The Court interprets either the constitutional or statutory law and constrain/coordinates behavior. This involves trade-offs. Interpretations evolve over time and in response to changing social conditions, values, and norms.
* Courts are considered the protectors of individuals against the government; they define the boundaries of behavior.
* Courts solve collective dilemmas which center around freedom of speech issues. (i.e. McCarthy and his bash against the communists)
- Government tries to suppress the voice of an unpopular minority group and the minority groups criticize the government in a violent manner --> courts are the enforcer of a neutral party to punish and define defections.
- This agreement between ind. and gov. sets boundaries on freedom of speech and expression. These boundaries define what constitutes defection
* National security > individual rights
- Internment camps for the Japanese
* When the Court declares discrimination on a particular group, this calls for a change in law or need to provide remedies to the group.
* Courts decisions reveal trade-offs in democracy: minority to be protected and the liberty to be protected triumphs the right of another minority. |
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| Origins of Rights and Liberties |
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the Age of Enlightenment placed emphasis on protecting minorities from oppression. Laws concerning rights and liberties at the national or state level can exist as long as it does not violate the Constitution.
* Many expansions of civil rights and liberties have occurred because of opportunistic behavior by political parties seeking to expand their electoral support. (i.e. Obama and DACA) |
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| the Alien and Sedition Acts of 1798 |
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Definition
| John Adams created these acts which forbade political assembly or speech of people that were critical of his administration and its policies. |
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| Courts must rely on the executive branch, its military and police force to ensure the courts' rulings, but courts must have enough legitimacy in society to ensure their decisions are enforced. |
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| Civil Rights and Liberties Failure |
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Court errs in civil rights and liberties cases:
- Dred Scott case
- Alien and Sedition Act
- McCarthy scandal
***Most shameful Failures***
1. Slavery
2. Treatment of immigrants - racial, ethnic, or religious discrimination against immigrants these were justified due to their inferiority and poverty.
* the Irish, Chinese, Italians, Greeks, Mexicans, Arabs
3. Withholding the right to vote to minorities
***What the Failures Reveal***
1. democratic government does NOT guarantee protection from unjust government.
2. boundaries placed on individual and government conduct are fluid and change over the time in response to historical circumstances. |
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| Democratic Political System and Rights/Liberties |
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Definition
the democratic political system permits the expression of dissent, allowing institutions to change in order to address violations of civil rights/liberties.
* US constitutional system makes it difficult to discriminate against race or religion, but not as harsh on sex and economic discrimination. |
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| Limited vs. Activist Government |
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| American government institutions are both restrained from interfering in certain individual activities (i.e. religion or protest) and empowered/obligated to protect individuals when they exercise their rights as citizens. --> ACTIVISTS |
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the second amendment causes political and legal controversy.
Different interpretations: the amendment says that individuals have a right to own guns to protect themselves vs. referring to the states' rights to their own militia. |
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Gay right movement want:
1. to add bias against homosexual to the list of discriminatory practices
2. same-sex marriage
* Trade-off between freedom of religion and freedom of same-sex couples to be married. |
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| In Comparison: Rights and Liberties Around the World |
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Definition
the US vigorously protects liberties, while being more typical regarding rights.
- tolerant laws regarding assembly and the press vs. other countries make it easier to sue journalists
- grants criminals more rights vs. Germany does not jury trials
* the US DOES NOT have a state sponsored religion or monarchy.
- countries with state sponsored religion do not have institutions to protect an individual's liberties
- constitutions created after a loss in a war, Germany and Japan, place greater restrictions on political speech. |
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| Justification for protecting rights/liberties |
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1. Moral claims of inherent human dignity and the belief that people possess certain unalienable rights, this comes from a sense of shared values or experience as humans.
2. Utilitarian claims- create the most good for the greatest number of people.
- open societies are characterized by vigorous protection of rights and liberties, which leads to debates and competition.
- closed societies have few protected rights and liberties, which stifles innovation.
* More economic freedom creates inequalities and allows people with the most resources to have more voice and power in the government: negatives of an open society. |
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