UNIT 2

1. UNIT 2 • SSCG6 The student will demonstrate knowledge of civil liberties and civil rights. • b. Analyze due process law expressed in the 5th and 14th Amendments. • c. Explain selective incorporation of the Bill of Rights. • d. Explain how government seeks to maintain the balance between individual liberties and the public interest. • e. Explain every citizen’s right to be treated equally under the law.

2. Essential Question • How has the U.S. Constitution and decisions of the Supreme Court defined civil liberties and civil rights?

3. Civil liberties versus civil rights • Civil Liberties:protections the U.S. Constitution provides against the abuse of government power, including the Bill of Rights and decisions of the courts • Civil Rights: concern the basic right to be free from unequal treatment based on certain protected characteristics (race, gender, disability, etc.)

4. The Fifth amendment • Actual Text: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation • Double Jeopardy: no one can be charged twice with the same offense • Due Process Clause: fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one's life, liberty, or property • Eminent Domain:right of the government to take property for public use as long as the government provides just compensation for the property is called

5. The Fourteenth Amendment (1868) • Due Process Clause: “no stateshall deprive any person of life, liberty or property without due process of law” • Equal Protection Clause: “no stateshall deny to any person within its jurisdiction the equal protection of the laws”

6. Selective incorporation • Selective Incorporation: a theory or doctrine of constitutional law that those rights guaranteed by the first eight amendments to the U.S. Constitution that are fundamental to and implicit in the concept of ordered liberty are incorporated into the Fourteenth Amendment's due process clause • Gitlow v. New York (1925): created “Bad Tendency Doctrine” which held that speech could be restricted even if it only has a tendency to lead to illegal action. Though this element of the decision was quite restrictive, Gitlow also selectively incorporated freedom of speech to state governments. Gitlow was accused of violating New York’s “Criminal Anarchy Law” of 1902. First case argued by American Civil Liberties Union (ACLU) before the Supreme Court. • Palko v.Connecticut(1937): due process rights (under Fourteenth Amendment) must apply to the states because they are essential to “ordered liberty” and they are “principles of justice;” case failed to argue protection under Fifth Amendment “double jeopardy.” Frank Palka (name was misspelled on docket) was originally sentenced for second-degree murder but tried again for first-degree murder by Connecticut. He was executed by electric chair in 1938!

8. Selective incorporation • The following amendments in the Bill of Rights have NOT been incorporated and may thus be restricted by the states: • Third Amendment – protection against forced quartering of troops in private homes • Fifth Amendment – right to indictment by a grand jury • Seventh Amendment – right to jury trial in civil cases • Eighth Amendment – protection against excessive bail and fines