Civil Rights & Social Change

GPS 22, 23, 24Nancy Kemp Ware, Instructor

Gainesville High School

GPS 23: The Impact of Political

Developments 1945-1970

SSUSH23 The student will describe and assess the impact of political developments between

1945 and 1970. a. Describe the Warren Court and the expansion of individual rights as seen in the Miranda decision. b. Describe the political impact of the assassination of President John F. Kennedy; include the impact on civil rights legislation. c. Explain Lyndon Johnson’s Great Society; include the establishment of Medicare. d. Describe the social and political turmoil of 1968; include the assassinations of Martin Luther King, Jr. and Robert F. Kennedy, and the events surrounding the Democratic National Convention.

23a. Describe the Warren Court and the expansion of individual rights as seen in

the Miranda decision. 1. The Warren Court refers to the Supreme Court of the United

States between _______and _______, when _____________served as Chief Justice.

2. Warren led a liberal majority that used ____________ power in dramatic fashion, to the consternation (fear & panic) of conservative opponents.

3. The Warren Court expanded ________ rights, civil ___________, judicial _______, and the federal power in dramatic ways.

4. The court was both applauded and criticized for bringing an end to r__________ s__________________in the US, incorporating the Bill of Rights (i.e. applying it to states), and ending officially sanctioned voluntary ______________ in public schools.

5. The period is recognized as a high point in judicial power that has _______________ever since, but with a substantial continuing impact.

6. Prominent members of the Court during the Warren era besides the Chief Justice included Justices _____________________, _______________________, ___________________ ,____________________, and _________________________.

23a. Describe the Warren Court and the expansion of individual rights as seen in the Miranda decision.

1. The Warren Court refers to the Supreme Court of the United States between 1953 and 1969, when Earl Warren served as Chief Justice.

2. Warren led a liberal majority that used judicial power in dramatic fashion, to the consternation (fear & panic) of conservative opponents.

3. The Warren Court expanded civil rights, civil liberties, judicial power, and the federal power in dramatic ways.

4. The court was both applauded and criticized for bringing an end to racial segregation in the United States, incorporating the Bill of Rights (i.e. applying it to states), and ending officially sanctioned voluntary prayer in public schools.

5. The period is recognized as a high point in judicial power that has receded ever since, but with a substantial continuing impact.

6. Prominent members of the Court during the Warren era besides the Chief Justice included Justices William J. Brennan, Jr., William O. Douglas, Hugo Black, Felix Frankfurter, and John Marshall Harlan II.

Ernesto Miranda was a poor Mexican immigrant living in Phoenix, Arizona in 1963. A Phoenix woman was kidnapped and raped. She identified Miranda in a police lineup. Miranda was arrested, charged with the crimes, and questioned by the police for two hours. The police officers questioning him did not inform him of his Fifth Amendment right against self-incrimination or of his Sixth Amendment right to the assistance of an attorney. The Fifth Amendment states that no person "shall be compelled in any criminal case to be a witness against himself. . . ." The Sixth Amendment states that, "In all criminal prosecutions, the accused shall enjoy the right . . . to have the assistance of counsel for his defense."

As a result of the questioning, Miranda confessed in writing to the crimes. His statement also said that he was aware of his right against self-incrimination. During his trial, the prosecution used his confession to obtain a conviction, and he was sentenced to 20 to 30 years in prison on each count.

Miranda appealed his case to the Arizona Supreme Court. His attorney argued that his confession should have been excluded from trial because he had not been informed of his rights, nor had an attorney been present during his interrogation. The police officers involved admitted that they had not given Miranda any explanation of his rights. The state argued, however, that because Miranda had been convicted of a crime in the past, he must have been aware of his rights. The Arizona Supreme Court denied Miranda's appeal and upheld his conviction.

The case comes down to this fundamental question: What is the role of the police in protecting the rights of the accused, as guaranteed by the Fifth and Sixth Amendments to the Constitution? The Supreme Court of the United States had made previous attempts to deal with these issues. The Court had already ruled that the Fifth Amendment protected individuals from being forced to confess. They had also held that persons accused of serious crimes have a fundamental right to an attorney, even if they cannot afford one. In 1964, after Miranda's arrest, but before the Court heard his case, the Court ruled that when an accused person is denied the right to consult with his attorney, his or her Sixth Amendment right to the assistance of a lawyer is violated. But do the police have an obligation to ensure that the accused person is aware of these rights before they question that person?

In 1965, the Supreme Court of the United States agreed to hear Miranda's case. At the same time, the Court agreed to hear three similar cases. The Court combined all the cases into one case. Since Miranda was listed first among the four cases considered by the Court, the decision came to be known by that name. The decision in Miranda v. Arizona was handed down in 1966.

23a. Miranda v. Arizona Reading Comprehension

23a. Miranda v. Arizona Reading ComprehensionQUESTIONS TO CONSIDER1. What rights of the accused does the Fifth Amendment protect? The Sixth Amendment? 

2. If the police had informed Ernesto Miranda of these rights, do you think he might have done anything differently? 

   3. Individual rights must be balanced against the values of society at large. For instance, the right to free speech must be balanced against our desire for an orderly society. This is why demonstrations, while protected by the First Amendment, can have certain restrictions placed on them. In Miranda, what values or goals of society must be balanced against the right against self-incrimination and the right to counsel?          4. You are probably learning about the rights of the accused in a government or history class. Some would argue that it is the individual's responsibility to know what his or her rights are under the Constitution, and the government can assume that accused persons know their rights without informing them after they are arrested. Do you think the government should have to inform each individual who is arrested of his or her rights? Why or why not? 

23a. Miranda v. Arizona http://www.streetlaw.org/en/Page/455/Back

ground_Summary__Questions_

The Case:

Civil Right or liberty violation:

Court’s Decision:

23a. Warren Court Case Briefing Project How did the Warren Court expand civil rights and civil liberties?

You will be given a civil rights case that in which the Warren Court expanded a civil right or liberty.

Racial segregation: Brown v. Board of Education, Bolling v. Sharpe, Cooper v. Aaron, Gomillion v. Lightfoot, Griffin v. County School Board, Green v. School Board of New Kent County, Lucy v. Adams, Loving v. Virginia

Voting, redistricting, and malapportionment: Baker v. Carr, Reynolds v. Sims, Wesberry v. Sanders

Criminal procedure: Brady v. Maryland, Mapp v. Ohio, Miranda v. Arizona, Escobedo v. Illinois, Gideon v. Wainwright, Katz v. United States, Terry v. Ohio

Free speech: New York Times Co. v. Sullivan, Brandenburg v. Ohio, Yates v. United States, Roth v. United States, Jacobellis v. Ohio, Memoirs v. Massachusetts, Tinker v. Des Moines School District

Establishment Clause: Engel v. Vitale, Abington School District v. Schempp Free Exercise Clause: Sherbert v. Verner Right to privacy and reproductive rights: Griswold v. Connecticut Cruel and unusual punishment: Trop v. Dulles, Robinson v. California Read the case you have been assigned. Answer the following questions:1. What is this case about? Remember to answer who, what, when, where, and why.2. What civil liberty or right was being denied?3. What did the Warren Court decide?4. Create a visual aid (Powerpoint, website, poster) & present to class.

23b. The Impact of the Assassination of President John F. Kennedy

Social ImpactPolitical Impact

Global Impact

23b. HOW did JFK’s assassination affect society in the USA?

Go to http://www.pbs.org/newshour/bb/white_house/kennedy/questions.html

Read the excerpts and answer the following questions

1. What was the general feeling among adults and children after JFK was shot?

2. How did Americans feel about their government?

3. What happened to all the official death records?

GPS: 23b. HOW did JFK’s assassination affect politics the USA?

http://www.maryferrell.org/wiki/index.php/JFK_Assassination

Use this website to complete the scavenger hunt and the graphic organizer

23 c. Explain Lyndon Johnson’s Great Society; include the establishment

of Medicare. The G________ S__________ was a set of

domestic p__________in the United States promoted by President Lyndon B. Johnson and fellow Democrats in Congress in the 1960s. Two main goals of the Great Society social reforms were the elimination of p__________ and r_______ i___________. New major spending programs that addressed e____________, m_________ care, urban problems, and transportation were launched during this period. M__________, governmental health insurance for the elderly and disabled was established and still exists today.

23 c. Explain Lyndon Johnson’s Great Society; include the establishment

of Medicare. The Great Society was a set of

domestic programs in the United States promoted by President Lyndon B. Johnson and fellow Democrats in Congress in the 1960s. Two main goals of the Great Society social reforms were the elimination of poverty and racial injustice. New major spending programs that addressed education, medical care, urban problems, and transportation were launched during this period. Medicare, governmental health insurance for the elderly and disabled was established and still exists today.

23d. Turmoil of 1968

23d. Sunday Bloody Sunday

23d. Death of Martin Luther King, Jr.

MLK, a prominent American leader of the African-American civil rights movement and Nobel Peace Prize laureate, was assassinated at the Lorraine Motel in Memphis, Tennessee, on April 4, 1968, at the age of 39. On June 10, 1968, James Earl Ray, a fugitive from the Missouri State Penitentiary, was arrested in London at Heathrow Airport, extradited to the United States, and charged with the crime.

On March 10, 1969, Ray entered a plea of guilty and was sentenced to 99 years in the Tennessee state penitentiary. Ray later made many attempts to withdraw his guilty plea and be tried by a jury, but was unsuccessful; he died in prison on April 23, 1998, at the age of 70.

1. Where and when was MLK assassinated?

2. Who was arrested and charged with the crime?

3. Do you believe he acted alone?

23d. Death of Martin Luther King, Jr.

23d. Death of Bobby Kennedy United States Senator and brother of assassinated

President John F. Kennedy took place shortly after midnight on June 5, 1968, in Los Angeles, California. After winning the California and South Dakota primary elections for the Democratic nomination for President of the United States, Kennedy was shot as he walked through the kitchen of the Ambassador Hotel and died in the Good Samaritan Hospital twenty-six hours later.

Sirhan Sirhan, a 24-year-old Palestinian immigrant, was convicted of Kennedy's murder and is serving a life sentence for the crime. Sirhan's lawyers have released statements claiming evidence that he was framed.

23d. Death of Bobby Kennedy1. Where and when was Bobby Kennedy Shot?

2. Why was he assassinated?

. 1. Who killed Bobby

Kennedy?

23d. More Turmoil: 1968 Democratic National Convention, Chicago, Illinois

In August 1968, the Democratic Presidential convention was held in Chicago, IL. 1968 was a year known for violence, political turbulence, and civil unrest. After the assassination of MLK on April 4, riots broke out in more than 100 cities. More violence and sadness erupted after Democratic presidential hopeful and pro civil rights advocate Senator Robert F. Kennedy was murdered on June 5, 1968. Rioting erupted at the convention center and Chicago Police & Illinois National Guard were called in to quell the violence.