TOPIC 4 Civil Rights and Liberties General Nature of Civil Rights Liberties A Characteristics B Distinction between Civil Liberties Civil Rights Protection of Civil Rights Liberties A Rights Liberties are Not Absolute B Exercise of Civil Rights Liberties III Discussion of Specific Civil Rights Liberties A The Incorporation Doctrine B Other TOPIC 4 Civil Rights and Liberties I General Nature of Civil Rights Liberties A Characteristics 1 Equality 2 Human Dignity 3 Freedom B Distinction between Civil Liberties Civil Rights 1 Shield and Sword 2 Civil Liberties Shield a Negative safeguard against gov t action b When gov t is prevented from acting in order to protect or not unreasonably limit freedom c Ensure individuals are free to make choices 3 Civil Rights Sword a Positive weapon wielded by gov t b Gov t takes the initiative to protect helpless c Ensures that freedom is not arbitrarily denied to certain categories of individuals II Protection of Civil Rights Liberties A Rights Liberties are Not Absolute 1 Limits on rights and liberties a Conflict between liberty and social order b Conflict between rights 2 Requires a delicate balance B Exercise of Civil Rights Liberties 1 How to resolve conflicts between rights a You can exercise your right only as long as it does not interfere with someone else s rights b WRONG 2 Exercise of civil rights is a political problem a Whatever the majority will tolerate b Not the same as majority rule III Discussion of Specific Civil Rights Liberties A The Incorporation Doctrine 1 Bill of Rights originally applied only to the federal government a 5th Amend No person shall be deprived of life liberty or property without due process of law nor shall private property be taken for public use without just compensation b Barron v Baltimore 1833 Freedoms guaranteed by the Bill of Rights did not restrict the state governments 2 14th Amendment a Specifically applies to states No State shall deprive any person of life liberty or property without due process of law b What s included in the meaning of 14th amendment due process clause i Justice Hugo Black Total incorporation of Amends 1 8 or ii Justice Felix Frankfurter Selective incorporation on base by case basis iii Supreme court adopted the selective caseby case approach Table 4 1 Year 1868 Table 4 1 Incorporation of the Bill of Rights to Apply to State Governments A Issue mend XI Fourteenth Amendment ratified V V Just comp in taking of private property by govt 1897 Supreme Court Case Vote Chicago Burlington Quincy RR v Chicago Gitlow v New York I Freedom of speech press I Freedom of speech Fiske v Kansas I Freedom of press Near v Minnesota VI Counsel in capital criminal cases Powell v Alabama I Free exercise of religion I Freedom of assembly petition I Free exercise of religion I Separation of church state VI Public trial IV Unreasonable searches seizures 1925 7 2 1927 9 0 1931 5 4 1932 7 2 1934 Hamilton v Regents of the U of Calif De Jonge v Oregon 1937 9 0 8 0 Cantwell v Connecticut 1940 9 0 1947 Everson v Board of Education In re Oliver 1948 5 4 7 2 Wolf v Colorado 1949 6 3 IV 1961 VI 1962 9 0 Exclusionary rule of evidence from unreasonable search seizure Cruel unusual punishment Mapp v Ohio 6 3 Robinson v California II 6 2 VI Counsel in all criminal cases Gideon v Wainwright V Self incrimination Malloy v Hogan Murphy v Waterfront 1963 9 0 1964 5 4 Comm 9 0 VI Right to confront adverse witnesses Pointer v Texas IX Right to privacy Griswold v Connecticut VI Impartial jury Parker v Gladden VI Obtaining confronting favorable witnesses Washington v Texas VI Speedy trial Klopfer v North Carolina VI Jury trial in non petty criminal cases Duncan v Louisiana V Double jeopardy Benton v Maryland 1965 7 2 1965 7 2 1967 8 1 1967 9 0 1967 9 0 1968 1969 7 2 7 2 II Individual right to keep and bear arms 2010 McDonald v Chicago 5 4 Other