Unit Three:
Civil Liberties and Civil Rights
Overview:
Through the U.S. Constitution, but primarily through the Bill of Rights and the Fourteenth Amendment, citizens and groups have attempted to restrict national and state governments from unduly infringing upon individual rights essential to ordered liberty and from denying equal protection under the law. Likewise, it has sometimes been argued that these legal protections have been used to block reforms and restrict freedoms of others in the name of social order.
The Constitution, but especially the Bill of Rights and the Fourteenth Amendment, are used to assert the rights of citizens and protect groups from discrimination. As such, the government must respect the dignity of the person and assure equal treatment, with its power constrained in the process of protecting individual freedoms. The Fourteenth Amendment includes two clauses that a rm and protect civil rights and liberties—the due process clause and the equal protection clause. The courts must balance the desire for social order with the protection of individual rights and freedoms when considering due process and equal protection challenges.
In a process known as selective incorporation, the Supreme Court has used the power of judicial review to interpret the due process clause in such a way as to prevent states from unduly restricting fundamental freedoms. The Court has been called upon to interpret protections for freedom of political expression and religious exercise, the right to bear arms, the right of privacy, and the rights necessary to ensure that those accused of crimes receive a fair trial.
The equal protection clause provides that states may not deprive persons of equal protection under the law. African Americans, Hispanics, women, LGBTQ (lesbian, gay, bisexual, transgender, queer) people, and other groups have used the clause to lead social movements on behalf of their concerns. The Supreme Court has rendered several landmark decisions that expand civil rights, and Congress has passed legislation that expands equality. At times Congress and the courts are asked to determine the legitimacy of equal protection claims by various groups, as well as weigh the majority’s concerns that they will be harmed by the changes sought.
Essential Questions:
- To what extent do the U.S. Constitution and its amendments protect against undue government infringement on essential liberties and from invidious discrimination?
- How have U.S. Supreme Court rulings de ned civil liberties and civil rights?
Lesson 3.1: Congress: The Bill of Rights
Enduring Understanding:
Provisions of the U.S. Constitution’s Bill of Rights are continually being interpreted to balance the power of government and the civil liberties of individuals.
Learning Objectives:
Explain how the U.S. Constitution protects individual liberties and rights.
Describe the rights protected in the Bill of Rights.
Describe the rights protected in the Bill of Rights.
Essential Knowledge:
The U.S. Constitution includes a Bill of Rights specifically designed to protect individual liberties and rights.
Civil liberties are constitutionally established guarantees and freedoms that protect citizens, opinions, and property against arbitrary government interference.
The application of the Bill of Rights is continuously interpreted by the courts.
The Bill of Rights consists of the first ten Amendments to the Constitution, which enumerate the liberties and rights of individuals.
Debrief 3.1:
Answer the following questions using your own knowledge or resources...
- What is an amendment?
- What is the two-step process that allows for amendments to be made?
- Describe the main argument that existed between the Federalists and Anti-Federalists concerning the addition of the first ten amendments (The Bill of Rights) at the Constitutional Convention...
Activity #1: Civil Liberty Scenarios...
Listen to the scenarios (1-4) that we read in class. For each one of the scenarios record the following information in your notebooks...
- What right or liberty that is guaranteed by the Bill of Rights is in question?
- How do you think the Supreme Court ruled?
0 comments:
Post a Comment