Citizenship: Rights, Responsibilities
and Liberties

Standard(s) of Learning

GOVT.8 The student will demonstrate knowledge of the concepts of democracy by
  a) recognizing the fundamental worth  and dignity of the individual;
  b) recognizing the equality of all citizens under the law;
  c) recognizing majority rule and minority rights;
  d) recognizing the necessity of compromise;
  e) recognizing the freedom of the individual.
GOVT.11 The student will demonstrate knowledge of civil liberties and civil rights by
  a) examining the Bill of Rights, with  emphasis on First Amendment freedoms;
  b) analyzing due process of law expressed in the 5th  and 14th  Amendments;
  c) explaining selective incorporation of the Bill of Rights;
  d) exploring the balance between individual liberties and the public interest;
  e) recognizing the freedom of the individual.
GOVT.17 The student will demonstrate knowledge of personal character traits that facilitate thoughtful and effective participation in civic life by
  a) practicing trustworthiness and honesty;
  b) practicing courtesy and respect for the rights of others;
  c) practicing responsibility, accountability, and self-reliance;
  d) practicing respect for the law;
  e) practicing patriotism.
GOVT.18 The student will understand that thoughtful and effective participation in civic life is characterized by
  a) obeying the law and paying taxes;
  b) serving as a juror;
  c) participating in the political process;
  d) performing public service;
  e) keeping informed about current issues;
  f) respecting differing opinions in a diverse society.

Content

Describe concepts that define the meaning of democracy as expressed in the United States Constitutional system.                                                                                                         

Explain that concepts of democracy define and shape the meaning of citizenship.                   
Identify fundamental political concepts:
•    Fundamental worth and dignity of the individual: All persons are entitled to life, liberty, and due process under the law.                                                                                                  
•    Equality: All persons are entitled to equal rights and treatment before the law.                  
•    Majority rule: The will of the majority as expressed through elections is fundamental to the American system.                                                                                                        
•    Minority rights: The Constitution of the United States protects the rights of the few from oppression.                                                                                                                   
•    Compromise: The structure of the United States government necessitates compromise by all sides.
Individual freedom: All persons are born free, equal, and independent.                             
•    Explain that an analysis of current events demonstrates contemporary applications of democratic concepts.                                                                                                                           

Explain that Civil liberties are freedoms upon which the government may not infringe.            

Explain that the Bill of Rights is composed of the first ten amendments to the Constitution of the United States of America. It guarantees the rights of individuals and expresses limitations on federal and state governments.                                                                                                                     

Identify First Amendment freedoms:
Religion
•    Government may not establish an official religion, nor endorse, or unduly interfere with the free exercise of religion.                                                                                                      
Speech
•    Individuals are free to express their opinions and beliefs.                                                 
Press
•    The press is free to gather and publish information, including that which criticizes the government.
Assembly
•    Individuals may peacefully gather.                                                                                 
Petition
•    Individuals have the freedom to make their views known to public officials.                      

Explain that the Bill of Rights protects citizens from
•    Unreasonable search and seizures                                                                                 
•    Double jeopardy                                                                                                           
•    Self-incrimination                                                                                                          
•    Cruel and unusual punishment                                                                                       

Explain how the right to due process of law is outlined in the 5th and 14th Amendments of the Constitution of the United States of America.

Describe two types of due process of law
•    Procedural due process of law—The government must use fair proceedings.                   
•    Substantive due process of law—The laws under which the government acts must be constitutional.                                                                                                               

Explain how the 5th and 14th amendments to the Constitution of the United States of America protect due process of law:
•    5th Amendment—Prohibits the national government from acting in an unfair or arbitrary manner__
•    14th Amendment—Prohibits state and local governments from acting in an unfair or arbitrary manner.                                                                                                                       

Using the following information, analyze how the selective incorporation of the Bill of Rights through the 14th Amendment (due process of law clause) greatly enhances the protection of civil rights and extends the Bill of Rights protections to state proceedings:
•    Beginning in the twentieth century, the Supreme Court used the 14th Amendment (due process of law clause) to limit state actions, just as the Bill of Rights limits the national government.  

The Supreme Court has incorporated in the due process clause all of the provisions of the Bill of Rights except those of the 2nd, 3rd, 7th, and 10th Amendments and the grand jury requirement of the 5th Amendment.                                                                                                                      

Explain how the protection of civil liberties and civil rights, as guaranteed by the Constitution of the United States of America, is balanced by compelling public interest.                                      

Describe the limitations of rights because few rights, if any, are considered absolute:
•    Some forms of speech are not protected (e.g., libel, slander, and obscenity).                     
•    Speech that is a “clear and present danger” is not protected (e.g., shouting fire in a crowded building).                                                                                                                      
•    The press can be restricted when publication will cause serious and irreparable harm (e.g., national security).                                                                                                                     

Explain that the equal protection clause is contained in the 14th Amendment to the Constitution of the United States of America.                                                                                                   

Explain that the equal protection guarantee of the 14th Amendment provides the basis for the safekeeping of civil rights.                                                                                                   

Describe how the promise of equal protection under the law does not guarantee all people will be treated exactly the same.                                                                                                    

Explain that the government may classify or categorize people into groups for justifiable government goals (e.g., adults under 21 may not purchase alcohol).                                                         

Analyze applications of the equal protection principle:
•    Civil Rights Movement—Congress passed a series of laws outlawing discrimination.        
•    Affirmative Action—The government passed laws and implemented procedures to reverse the effects of years of discrimination primarily against women and minorities.                        

Explain that thoughtful and effective participation in civic life depends upon the exercise of good citizenship.                                                                                                                         

Identify characteristics of good citizens:
•    Trustworthiness and honesty                                                                                         
•    Courtesy                                                                                                                      
•    Respect for the rights of others                                                                                     
•    Responsibility                                                                                                               
•    Accountability                                                                                                              
•    Self-reliance                                                                                                                 
•    Respect for the law                                                                                                      
•    Patriotism                                                                                                                    

Explain that thoughtful and effective participation in civic life is essential to the nation’s well-being.

Identify duties of responsible citizens:
•    To obey the law                                                                                                           
•    To pay taxes                                                                                                                
•    To serve as jurors                                                                                                         
•    To register and vote                                                                                                      
•    To perform public service                                                                                             
•    To keep informed                                                                                                         
•    To respect the opinions of others                                                                                   

Sample Resources

Below is an annotated list of Internet resources for this organizing topic. Copyright restrictions may exist for the material on some Web sites. Please note and abide by any such restrictions.

“Civil Rights & Liberties Violations.” U.S. Department of Justice. < http://www.ojp.gov/ocr/>. This site offers information to individuals and communities on procedures for reporting specific types of discrimination complaints.

“Equal Protection: an Overview.” Legal Information Institute. <http://www.law.cornell.edu/topics/equal_protection.html>. This site provides information about the 14th   amendment and related federal and state court decisions.

“Supreme Court Decisions.” Yahoo Directory. <http://dir.yahoo.com/Government/U_S__Government/Judicial_Branch/Supreme_Court> This site provides information on Supreme Court cases related to the 1st Amendment.

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