Civil Rights & the Courts (2 days)

Announcements:

4/20-4/24 Weekly Planner

In addition to reading (and watching the screencast) today's post, please make sure you:

1. Read the Street Law Summary of Brown v. Board of Education.
2. Fill in the information about this case on the Supreme Court case matrix (use the same copy you have been using)
3. Complete the Khan Academy modules on government responses to social movements (Brown v. Board video, article, and 4 question self-check)

READING: 129-159 in Edwards

UNIT THREE Identification Terms 

Today's Question: How has the Supreme Court impacted civil rights and the push for equality?

Learning Standards:

PMI-3.A: Explain how the government has responded to social movements.

PMI-3.A.1: The government can respond to social movements through court rulings and/or policies, as in:

• Brown v. Board of Education (1954), which declared that race-based school segregation violates the Fourteenth Amendment’s equal protection clause 
• The Civil Rights Act of 1964 
• Title IX of the Education Amendments Act of 1972 
• The Voting Rights Act of 1965

CON-6.A: Explain how the Supreme Court has at times allowed the restriction of the civil rights of minority groups and at other times has protected those rights.

CON-6.A.1: Decisions demonstrating that minority rights have been restricted at times and protected at other times include:

• State laws and Supreme Court holdings restricting African American access to the same restaurants, hotels, schools, etc., as the majority white population based on the “separate but equal” doctrine 
• Brown v. Board of Education (1954), which declared that race-based school segregation violates the Fourteenth Amendment’s equal protection clause 
• The Supreme Court upholding the rights of the majority in cases that limit and prohibit majority-minority districting 

Review:

• What is the difference between civil liberties and civil rights?
• What is incorporation? How does it work?
• What is the difference between the Free Exercise Clause and the Establishment Clause? Provide an example of each.
• What is meant by the "clear and present danger" doctrine?
• What is the significance of Mapp v. Ohio?
• What two court cases helped incorporate provisions of the 5th & 6th Amendments?
• How does the right to privacy illustrate judicial activism?

Civil Rights and the Courts
The courts have played a vital role in the promotion of civil rights, especially in the latter 20th century and 21st century. Interest groups, like the NAACP, have successfully litigated in support of civil rights with landmark decisions like Brown v. Board of Education. The Fourteenth Amendment's Equal Protection Clause ("no state shall deny to any person under its jurisdiction equal protection under the law") is most commonly used as the legal justification for these civil rights cases.

 

Review Videos:










Important Civil Rights Cases:

Plessy v. Ferguson

Brown v. Board of Education, 1954

Brown v. Board of Education II, 1955

Heart of Atlanta Motel v. US, 1964

Swann v. Charlotte-Mecklenburg, 1971

Regents of the University of California v. Bakke, 1978

US v. Windsor, 2013

Obergefell v. Hodges, 2015

3.5 2nd Amendment: The Right to Bear Arms

Announcements:

Welcome to another week of online learning! It looks like the Missouri Constitution test was a success and you have cleared that hurdle towards graduation. This week, we will continue our examination of civil liberties, specifically looking at Amendments 2-8. Like past weeks, this will consist of daily posts, Khan Academy modules, videos, and multiple Supreme Court cases. You can find our weekly planner here.

Please continue to stay on top of the content as all of this material is part of Unit 3 which will be tested on the AP exam on May 11th.

In addition to reading today's post, please make sure you:

1. Read the Street Law Summary on McDonald v. Chicago, 2010 (required case).
2. Fill in the information about this case on the Supreme Court case matrix (use the same copy you have been using)
3. Complete the Khan Academy modules on the 2nd Amendment

READING: 85-126 in Edwards

UNIT THREE Identification Terms 

Today's Essential Question: How does the government balance public safety with individual liberty and the 2nd Amendment?

Learning Standards:

LOR-2.C: Explain the extent to which the Supreme Court’s interpretation of the First and Second Amendments reflects a commitment to individual liberty.

LOR-2.C.5: The Supreme Court’s decisions on the Second Amendment rest upon its constitutional interpretation of individual liberty.

LOR-2.D.2: The debate about the Second and Fourth Amendments involves concerns about public safety and whether or not the government regulation of firearms or collection of digital metadata promotes or interferes with public safety and individual rights.

LOR-3.A.1: The doctrine of selective incorporation has imposed on state regulation of civil rights and liberties as represented by: w McDonald v. Chicago (2010), which ruled the Second Amendment’s right to keep and bear arms for self-defense in one’s home is applicable to the states through the Fourteenth Amendment

The Second Amendment

One of the most controversial amendments in the Bill of Rights is the Second Amendment and its right to bear arms. One of the reasons for dispute is the wording of the amendment. 

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

Some argue that the Framers' intent was to ensure that state militias could not be banned (focusing on the word militia in the amendment), while others contend that the phrase, "the right of the people" clearly outlines individual freedom for people to keep and bear arms.

The debate over gun control has intensified in recent years with the rise of mass shootings in the United States. Efforts to regulate or ban certain types of firearms has been met with resistance by interest groups like the NRA and individual gun owners. The Supreme Court has only recently intervened in this constitutional conflict. 

DC v. Heller: In 2008, the Supreme Court overturned a Washington DC prohibition on owning unregistered handguns within district limits and upholding an individual's right to own a firearm.

McDonald v. Chicago: The Supreme Court revisited the 2nd Amendment controversy just two years later in 2010. In this case, the Court extended the protections of the 2nd Amendment (selective incorporation) to the state level (since DC is part of the federal government and not a state) and struck down Chicago's ban on handguns within the city. The Court used the 14th Amendment's due process clause to apply the 2nd Amendment to the states and support the individual right to own a firearm.

Like other amendments, the 2nd Amendment is not absolute. There are many state and federal laws that restrict gun ownership. A few of the restrictions include:

• Ban on ownership for convicted felons or mentally ill
• Restrictions on certain type of firearms (i.e. fully automatic machine guns)
• Restrictions on where guns are allowed in public places (i.e. ban on guns in schools)
• Requirements to submit to a background check
• Regulations on buying/selling of guns

Review Videos:

3.1b Selective Incorporation

Announcements:
In addition to reading today's post, please make sure you:

1. Complete the assigned Khan Academy modules over selective incorporation 
2. Watch the video assigned through EdPuzzle (no questions)
3. Complete the self-assessment on selective incorporation.

As always, email me if you have any questions or need help!

READING: 85-126 in Edwards

UNIT THREE Identification Terms 
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Today's Essential Question: What is selective incorporation and how does it affect individual liberties?

Learning Standards:

LOR-2.A: Explain how the U.S. Constitution protects individual liberties and rights.

LOR-2.B: Describe the rights protected in the Bill of Rights

LOR-2.A.1: The U.S. Constitution includes a Bill of Rights specifically designed to protect individual liberties and rights.

LOR-2.A.2: Civil liberties are constitutionally established guarantees and freedoms that protect citizens, opinions, and property against arbitrary government interference.

LOR-2.B.1: The Bill of Rights consists of the first ten Amendments to the Constitution, which enumerate the liberties and rights of individuals.

Today's Key Questions:
1. Does the Bill of Rights apply to the states or are they just protections from the federal government?
2. What is incorporation, sometimes referred to as selective incorporation?


1. Does the Bill of Rights apply to the states or are they just protections from the federal government? 
2. What is incorporation, sometimes referred to as selective incorporation?
The 1st Amendment begins, "Congress shall make no law respecting an establishment of religion..."  Does this mean that the Bill of Rights only protects you from the federal government or does it extend to protections from state governments as well? The Supreme Court first addressed this issue in the court case Barron v. Baltimore (1833). Read this case summary to see what the Marshall Court decided.

The passage of the 14th Amendment in 1870 radically changes the Constitution and its meaning however. Specifically, the due process clause prevents states from depriving citizens of their life, liberty, or property without due process of law. A series of court cases starting in the 20th century begins applying the Bill of Rights to the states, a process known as incorporation. Read about the 14th Amendment, due process, and selective incorporation here.

How do each of the following court cases relate to concept of incorporation? What right is being incorporated?

• Gitlow v. New York, 1925
• Near v. Minnesota, 1931
• Mapp v. Ohio, 1961
• Gideon v. Wainwright, 1963
• McDonald v. Chicago, 2010

Review Videos: