The Concept of Rights and Liberties

1
The Concept of Rights and Liberties
2
What are rights and liberties ?

• The English philosophers John Locke and Tom
  Paine proposed the theories of natural rights
  and the rights of man. Rights include the idea
  of liberties (freedoms to)
• By the end of the 18th Century the concept was
  established (if not fully respected) in England,
  France and America.

3
Natural Rights

• John Locke wrote of natural rights (life, liberty
  and property) which are inalienable. This means
  they belong to all men and no legitimate ruler
  can remove these rights.
• In the 20th Century this concept has evolved in
  to the idea of universal human rights

4
..recognition of the inherent dignity and of
the equal and inalienable rights of all members
of the human family is the foundation of freedom,
justice and peace in the world.
5
Positive and negative rights

• Positive rights are freedoms or rights to
  something (life, liberty, freedom of speech, a
  fair trial etc)
• Negative rights are freedoms from something
  (torture, slavery, discrimination etc )

6
Rights and liberties in the USA
Bush has attacked Russia, China, Zimbabwe, Cuba,
Sudan, Iran and many other nations on their human
rights records.
7
Are human and civil rights well protected in the
USA ?

• Read Bennett (pages 262-263)
• Does the USA have a good record of protecting and
  upholding the rights of all its citizens ?

8
(No Transcript)
9
(No Transcript)
10
In 2005 a group of librarians in Connecticut
refused to hand over to the FBI computer records
of books which some borrowers had taken from the
library.
11
(No Transcript)
12

13
(No Transcript)
14
(No Transcript)
15
(No Transcript)
16
(No Transcript)
17
(No Transcript)
18
(No Transcript)
19
The Patriot Act (2001)

• Does the passage of the Patriot Act (2001)
  threaten American civil liberties ? Read the
  extracts to help you decide.

20

• STATEMENT OF PRESIDENT GEORGE W. BUSH ON PASSAGE
  OF THE BILL TO REAUTHORIZE THE USA PATRIOT
  ACTMarch 9, 2006
• "I applaud the Senate for voting to renew the
  Patriot Act and overcoming the partisan attempts
  to block its passage. The terrorists have not
  lost the will or the ability to attack us. The
  Patriot Act is vital to the war on terror and
  defending our citizens against a ruthless enemy.
  This bill will allow our law enforcement
  officials to continue to use the same tools
  against terrorists that are already used against
  drug dealers and other criminals, while
  safeguarding the civil liberties of the American
  people."

21

• The ACLU (American Civil Liberties Union) is an
  important US pressure group (with 500,000
  members) which lobbies against violations of
  civil rights by government and funds legal cases.
• The ACLU has been a vocal and powerful opponent
  of the Patriot Act. Right-wing groups often
  attack them for lack of patriotism or being
  soft on terrorism.

22

• Research task.
• Visit www.aclu.org
• Find out about the ACLUs history, organisation,
  membership and recent campaign successes.

23
Do Americans have the right to burn their own
flag ? In 2005 a proposed amendment to the
constitution making it illegal to burn the flag
was narrowly defeated. Opponents say such a law
would violate the 1st amendment right to free
speech.
24
(No Transcript)
25
Freedom of speech and expression
Was the 1997 Reno v American Civil Liberties
Union ruling a victory for freedom of speech and
expression in the USA ?
26
Reno v ACLU

• The first Supreme Court ruling on freedom of the
  internet.
• The Communications Decency Act sought to prohibit
  making indecent images available to minors on
  the internet.
• The Supreme Court ruled that the term indecent
  was too vague and that by protecting minors from
  harmful content on the internet this was
  restricting the 1st Amendment rights of adults to
  freedom of speech and expression.

27
The courts ruling in Reno v ACLU (1997)

• the Government may not reduce the adult
  population ... to ... only what is fit for
  children."

28
Civil Rights for ethnic minorities

• Read Bennett (pages 225-230 and 238-39) and make
  notes on these points
• Brown v Board of Education (1954)
• De facto and de jure segregation
• School-busing
• Affirmative action programs
• The Civil Rights Act (1964)

29
Brown v Board of Education

• Landmark Supreme Court ruling from 1954
• Ruled that segregation in schools was
  unconstitutional
• Seen as the start of the civil rights process for
  black Americans
• Did not lead to immediate desegregation.
• Ended de jure but not de facto segregation.

30
De jure and de facto segregation

• De jure means enshrined in law
• De facto means it is a commonly accepted or
  widespread practice

31
School busing

• The deliberate attempts to enforce desegregation
  by busing students from predominantly black
  neighbourhoods to schools in predominantly white
  neighbourhoods.
• The Supreme Court ruled in Swann v
  Charlotte-Mecklenburg Board of Education (1971)
  that busing was constitutional.

32
Affirmative Action programmes

• The attempt to right past wrongs in terms of
  discrimination against minority groups by
  favouring access to education, jobs etc to those
  groups.
• Opponents argue it creates new forms of
  discrimination and undermines the achievements of
  minority groups.
• Visit www.affirmativeaction.org

33
Affirmative Action in US universities

• Read the article and list the arguments in favour
  and against affirmative action.

34
The civil rights of other groups

• Read bennett (pages 239-242)
• Make notes on the following points
• The civil rights of women
• The civil rights of disabled people
• The role of the US President in protecting civil
  rights.

35
Civil Rights of Women

• 1970s saw the extension of civil rights
  legislation to women in areas such as
• Workplace rights
• Education
• Sexual harrassment

36
Civil rights for disabled persons

• Americans with Disabilities Act (1990)
• Workplaces and public areas must provide access
  for disabled persons

37
The role of the President

• Presidents can either champion or block civil
  rights progress.
• 1957 Eisenhower sent federal troops as a show
  of strength to the Governor of Arkansas.

38
Federal troops at Little Rock High School
(1957). One of the most iconic images of 20th
Century America
39
President Lyndon Johnson (1963-68) promoted the
cause of black civil rights and used all his
political influence to get the Civil Rights Act
passed by Congress in 1964 and the Voting Rights
Act in 1965.
40
Summary questions

• Which branch of the federal government has had a
  greater impact on promoting civil rights in the
  USA Congress, President or Supreme Court ?
• Examine the claim that the Supreme Courts power
  of judicial review makes it unnecessary to amend
  formally the US constitution.

41
Essay

• How effectively have the civil rights and
  liberties of US citizens been protected ?
• Due in Wednesday 7th November.