CALIFORNIA CIVIL LIBERTIES AND CIVIL RIGHTS

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CALIFORNIA CIVIL LIBERTIES AND CIVIL RIGHTS
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CIVIL LIBERTIES/CIVIL RIGHTS

• What are they?
• Where are they found?
• Justice for all?
• Where are we?
• Where do we need to be?
• How do we get there?
• Whose responsibility?

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CALIFORNIAS BILL OF RIGHTS

• Article I states the rights of all Californians
• Many freedoms identical to the federal
  constitution
• Additional rights such as enjoying and defending
  life and liberty, acquiring, possessing, and
  protecting property, and pursuing and obtaining
  safety, happiness, and privacy. (not found in
  the U.S. Constitution)

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CIVIL LIBERITES AND CIVIL RIGHTS

• Civil Liberties
• Also called negative rights, limitations on
  the federal and state government.
• Individual freedoms and protections
  articulated in the Bill of Rights and the
  Declaration of Rights.

• Civil Rights
• Also called positive rights, protections
  provided by the government.
• Amendments, legislation, judicial
  review/decisions and executive orders

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STATES RIGHTS

• Tenth Amendment
• Reserve Powers of the states.
• If not given to the federal government and
  not denied the states then the powers belong to
  the states (the people)

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RESERVED POWERS

• Establish local government
• Conduct elections
• Determine voter qualifications
• Regulate interstate commerce
• Provide for public health, safety and morals
• Maintain a militia (National Guard)
• Expand liberties and rights

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CIVIL LIBERTIES AND THE STATES

• Bill of Rights not applicable to states.
• Re-enforced with Supreme Court decision Barron v
  Baltimore (1833)
• 13th, 14th, 15th amendments extended rights and
  protections
• 19th and 26th additional voting rights
• Gradual shifting in the mid-late 1900s

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HOW THEY STACK UP..WASHINGTON CALIFORNIA

• BILL OF RIGHTS
• First Freedoms of religion, speech, press,
  assembly, petition
• Second bearing arms
• Third housing soldiers
• Fourth seizures, searches and warrants
• Fifth criminal proceedings, property

• Sixth speedy trial, peer jury, confront
  witnesses
• Seventh civil cases over twenty dollars
• Eighth bails, fines and punishments
• Ninth rights of the people
• Tenth states rights

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CALIFORNIAS DECLARATION OF RIGHTS

• ARTICLE I, SECTIONS 1-31
• Sec. 1 free people, property, safety, happiness
  and privacy
• Freedoms of expression for individuals, media.
  Assembly, petition, religion, military housing,
• Etc.

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CALIFORNIA CONSTITUTION

• Explicitly extends civil liberties of privacy,
  speech, publication and religion.
• Indirectly referred to or implied in the federal
  constitution.
• Cannot extend rights to individuals or groups if
  it violates the federal rights of other
  individuals or groups.

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DISCRIMINATION

• Prejudicial limiting opportunities and rewards
  for a group based on race, gender, religion, age
  etc.
• Preferential enhancing opportunities and
  rewards based on specific characteristics.

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DISCRIMINATION

• De jure discrimination based in law.
• De facto discrimination based on tradition and/or
  practice

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MEANS OF CORRECTTING LIMITED OPPORTUNITIES

• Affirmative Action JFK Executive Order 10925
  (1961) requiring fairness in hiring and
  employment practices on federally funded
  projects.
• Regents of University of California vs. Bakke
  (1978) limiting the use of race as a determinant
  in admissions.
• Proposition 209 (1996) outlawing the concept of
  affirmative action in public employment,
  schools, or contracting.

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DISCRIMINATION PROTECTIONS

• Unruh Civil Rights Act of 1959, prohibits
  discrimination by businesses that offer services
  to the public.

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ADDITIONAL PROTECTIONS

• 1991 Criminal sanctions for violation of civil
  rights laws (enforcement)
• Ralph Civil Rights Act-remedies (recourse) for
  those who are victims of violence directed
  against any particular class of persons.
• Bane Civil Rights Act-protects people from
  continued violence or the threat of violence
  based on grounds such as race, color, religion,
  ancestry, national origin, political affiliation,
  sex, sexual orientation, age, disability or
  position in a labor dispute.
• 1998-vandalism based on the above classifications
  may be prosecuted as a misdemeanor or felony

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PUBLICS RIGHT TO KNOW

• Publics right to access public records
• Public Records Act
• Freedom of Information Act

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SEPARATION OF CHURCH AND STATE?

• Pledge
• Currency
• Prayer
• Ten Commandments
• Faith Based groups

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FREEDOM OF SPEECH AND PRESS

• Rights
• Speech
• Written word
• Publication

• Protections
• Political debate and discourse
• Commercial speech
• Slander/libel, obscenity, endangerment and
  incitement

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KEEPING THE BALANCE

• Anti-smoking
• Motorcycle helmets
• Teen and older adult drivers
• Cyberspace privacy protections
• Sex offenders
• Three Strikes
• Environment vs. Business
• School prayer
• Gang restrictions
• Side shows

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HERES A PROPOSAL FOR YA

• Propositions 5 and 205-Native American gambling
• Prop. 6-gay and lesbian teachers
• Prop. 8-victims rights
• Prop. 21-juvenile crime
• Prop. 22-marriage defined
• (Defense of Marriage Act)

• Prop. 115-Defendants rights
• Prop. 187-Illegal immigrants
• Prop. 209-Affirmative Action
• Prop. 212-Campaign Finance
• Prop 215-Medicinal marijuana

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OTHERS?

• Physician Assisted Suicide-legislative issue for
  December 2004 (Oregon, 1997) Medical practice is
  regulated by the states. 1992 initiative and
  1999 bill both failed.

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SPIES, TERRORISTS, EROSION?

• Foreign Intelligence Surveillance Act (FISA) 1978
• Patriot Act 2001
• Patriot Act II (passed by both houses in 2005)

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WHERE WE ARE.

• Records also access to tangible things, such
  as library reading records, business and medical
  records.
• Internet Gives the FBI authority to track Web
  surfing habits. Wiretaps Allows "roving
  wiretaps'' that track a particular individual
  across phone numbers.
• Warrants Makes it easier for investigators to
  ask for search warrants.
• Secret searches Authorizes "sneak and peek''
  (delayed notification) searches without requiring
  notification until after the search is carried
  out.
• Personal information Allows the FBI to obtain
  people's financial, telephone and credit reports
  without a judge's prior OK.

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SAME SEX UNIONS, MARRIAGE,
PARTNERSHIPS

• 2000 California voters banned same sex marriage
• Several cases working their way through the
  judicial system
• 2005 Legislature passed AB849 to legalize gay
  marriage (vetoed by Governor Schwarzenegger)
• California first state legislature to pass a
  same sex marriage law (2005) vetoed by Governor
  Schwarzenegger

• Massachusetts gay marriages (as determined by
  state Supreme Court)
• Vermont recognizes civil unions as a result of
  lawsuits
• Connecticut first state to legalize civil
  unions (by state Legislature) April 2005
• Canada (2005) legalized gay marriage

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PROTEST, THE RIGHT TO PETITION
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THE RIGHT TO PETITION

• Forms of protest
• Written
• Oral
• Marches
• Sit ins (South and Berkeley)
• Boycotts (bus, grape, lettuce)

• Voter registration drives
• Fasts (Ghandi, Cesar Chavez)
• The courts (NAACP, womens groups, disability
  groups)
• Picketing
• Violence

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HATE GROUPS IN CALIFORNIA
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WHO ARE THEY?

• New Black Panther Party
• Some Black Muslims sects
• Ku Klux Klan
• Skinhead groups
• Anti abortionists
• Anti Arab
• Anti Jewish
• Anti Gay
• Anti Immigrant

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THE FACES OF HATE

• Active groups promoting separatism supremacy,
  racism, hate etc. through literature, films,
  speech, the internet, and terror

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GROUP MOVEMENTS

• African Americans
• Latinos
• Asian Americans
• Women
• Gays and Lesbians
• Older Adults and Young Adults
• People with disabilities
• Homeless and the health care deprived

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EVENING THE PLAYING FIELD

• Affirmative Action
• Set Asides
• Quotas
• Reparations

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CIVIL RIGHTS

• What kind of world do you envision?
• Are we where we want to be?
• What do we need to do to get there (collectively
  and as individuals)?

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DIVERSITY

• What is it?
• What is its value?
• Who gains, who loses?

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IMMIGRATION

• Where are we and where are we going?
• Advantages, disadvantages
• Budgets and the economy health care, education,
  jobs
• Hot issues driver licenses, private border
  patrols

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THE ELECTORATE, WHAT DO WE LOOK LIKE

• Population/Voters
• White 60 71
• Hisp./Lat. 32 14
• Black 7 8
• Asian/other 1 7

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PAST TWENTY YEARS(1980-2000)

• Whites 83-70
• Latinos 7-14
• Blacks 8-8
• Asian/other 3-7

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NATIONAL TENDENCIES FOR VOTING MINORITIES

• Latinos vote Democratic at a ratio of 21
• Blacks vote Democratic at a ratio of 81
• Asians vote evenly between the parties

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WHOS VOTING?

• Overwhelmingly
• White
• Middle aged
• Home owners
• Affluent
• Highly educated

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TREND

• Registered voters in Californias two major
  parties
• 1974 2000 2004
• Rep. 35 35 36
• Dem. 57 45 43
• Fastest growing group-independents

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THE PLIGHT OF NATIVE AMERICANS..

• Indians made up the overwhelming majority or
  inhabitants
• Population over 300,000 in the late 1700s
• Down to 50,000 by the 1860s
• Early 1900s roughly 16,000

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THE QUESTION OF SLAVERY

• Compromise of 1850
• California admitted as a
• free state
• New Mexico and Utah
• territories would remain
• undetermined
• No slave trade in
• Washington D.C.
• Fugitive Slave Law
• enacted
• Missouri Compromise (1820), Kansas/Nebraska
  Act (1854)

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CHINESE IMMIGRATION

• Railroad recruitment
• 1882 Chinese Exclusion Act passed to prevent
  laborers from immigrating
• 1910-1940 Several hundred thousand Asian (mostly
  Chinese) immigrants processed through Angel
  Island
• 170,000 detained for up to two years in
  processing during this period (1910-40)

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THE BAD AND THE UGLY

• Korematsu v. U.S.,
• 1944, Governments
• right to imprison
• U.S. citizens
• (120,000)

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MEXICAN IMMIGRATION

• 460 deaths attempting to enter the country this
  past year (heat, drowning, suffocation)
• 1.2 million arrests
• Past two years more unauthorized than legal
  immigrants have entered the country
  (562,000/455,000)

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SAME SEX RIGHTS IN THE GOLDEN STATE

• Domestic partners
• Same sex marriage
• Prop 22 (2000)
• Governors veto (Sept. 2005)

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CIVIL LIBERTIES/CIVIL RIGHTS

• What are they?
• Where are they found?
• Justice for all?
• Where are we?
• Where do we need to be?
• How do we get there?
• Whose responsibility?