M04 Discussion: Civil Liberties and Civil Rights
“When we let freedom ring, when we let it ring from every village and every hamlet, from every state
... [Show More] and every city, we will be able to speed up that day when all of God’s children, black men and white men, Jews and Gentiles, Protestants and Catholics, will be able to join hands and sing in the words of the old Negro spiritual, “Free at last! Free at last! Thank God Almighty, we are free at last.”
-Martin Luther King Jr., Speech at the March on Washington for Jobs and Freedom, also known as "The Great March on Washington," held on August 28, 1963
The civil rights movement of the mid-20th century was not the beginning or the end of America’s constantly evolving interpretation of rights and liberties. Debates about civil rights (equal pay, affirmative action, marriage equality) and civil liberties (gun control, government surveillance, protest buffer zones) make headlines daily. In this discussion, we review content from Chapter 16, and you will investigate American rights and liberties by studying the Bill of Rights and major Supreme Court decisions.
There is an extensive body of constitutional law and U.S. Supreme Court opinions regarding issues of civil liberties and civil rights.
For this discussion, you can frame your own constitutional question or topic from Chapter 16 (provide both the question AND answer) OR you can answer the below regarding capital punishment (See your textbook, Ch. 16). Make sure to form 2-3 complete paragraphs reflecting on the issue and appropriately cite any sources.
The 1972 case Furman v. Georgia (Links to an external site.) concerned the subject of capital punishment, which has long been a topic of national debate. Some feel it is a necessary deterrent to crime, while others believe it is morally reprehensible. In Furman v. Georgia, the Supreme Court considered whether the death penalty is subject to the prohibition in the Eighth Amendment against cruel and unusual punishment.
The 1976 case, Gregg v. Georgia (Links to an external site.) upheld states' rights to impose capital punishment so long as the decision for sentencing is separate from the jury's deliberations in determining the defendant's guilt or innocence. The Gregg case once again, asked the Court to consider whether the death penalty can be considered cruel and unusual punishment.
Click on the links to read about each case, then discuss the following questions:
• In Furman v. Georgia the justices cited both the 8th and 14th amendment. Why did justices consider the death penalty a violation of the Fourteenth Amendment?
• Do you think the death penalty is a necessary deterrent to violent crime and an acceptable social retribution, or do you think capital punishment is excessive and unconstitutional?
• The first execution following the reinstatement of the death penalty was that of Gary Gilmore in Utah, who was executed by firing squad. Many think certain types of capital punishment, such as firing squads, may be cruel and unusual punishment, while other forms, such as lethal injections, may not be.
• What would make one form of capital punishment cruel and unusual punishment and a different form acceptable?
• What constitutes cruel and unusual punishment? What issues did the Supreme Court justices consider as they answered these questions? [Show Less]