Civil Liberties and Civil Rights

establishment clause

prevents government from setting up a national religion (or appearing to give preference to one over another) - school prayer case (Engel v. Vitale) and funding for religious schools (Lemon v. Kurtzman)

free exercise clause

prevents government from interfering with religious practices (unless they are illegal - ex. polygamy [Reynolds v. US] or drugs [Oregon v. Smith])

civil rights

The basic right to be free from unequal treatment based on certain protected characteristics (race, gender, disability, etc.).

civil liberties

Either explicitly identified in the Bill of Rights and the Constitution, or interpreted or inferred through the years by legislatures or the courts.

9th Amendment

states that other rights exist beyond those enumerated (listed) in 1-8

1st Amendment

(RAPPS) or religion, assembly, press, petition, speech.

2nd Amendment

The right to bear arms shall not be infringed.

5th Amdendment

Right to trial, no self-incrimination, double jeopardy, due process, and eminent domain.

eminent domain

Government may take private property (yours) for public (government) use so long as they provide "just compensation".

8th Amendment

Prohibits cruel and unusual punishment.

Gitlow v. New York (1925)

Incorporated the 1st amendment freedom of speech to the states.

Mapp v. Ohio (1961)

Evidence from warrantless searches must be excluded - incorporated the 4th amendment to the states.

Wisconsin v. Yoder (1972)

Compelling (forcing) Amish students to attend school past the 8th grade violates the free exercise clause.

Engel v. Vitale (1962)

Public school sponsorship of religious activities (like prayer) violates the establishment clause.

Tinker v. Des Moines (1969)

public school students can wear black armbands in school to protest the Vietnam war (symbolic speech).

Schenck v. United States (1919)

speech creating a "clear and present danger" is not protected by the First Amendment.

New York Times v. United States

Bolstered freedom of the press - heavy presumption against "prior restraint" even in cases involving national security (Pentagon Papers).

prior restraint

Attempts by the government to censor or prevent press from publishing information (Supreme Court said no in Near v. Minnesota).

political speech

questioning or criticizing the government - receives the greatest level of protection from the courts.

watchdog

The media's function in monitoring the activities of government for corruption or inappropriate behavior - made possible by a free press!

libel

a false published statement about someone - Supreme Curt rules it requires "malicious intent".

unreasonable searches and seizures

The 4th amendment prohibits _____________________.

probable cause

The 4th amendment requires warrants to be issued based on _________________.

self-incrimination

The 5th amendment states that a man or woman cannot be compelled to testify against oneself.

Miranda v. Arizona (1966)

Requires police to remind suspects of their 5th amendment right to silence and 6th amendment right to an attorney.

6th Amendment

Guarantees speedy trial and assistance of counsel (a lawyer/attorney).

Gideon v. Wainwright

guaranteed the right to an attorney for the poor or indigent in STATE cases (doctrine of incorporation).

exclusionary rule

Prevented the government from using evidence obtained unconstitutionally (usually from a warrantless search).

Roe v. Wade (1973)

Extended the right of privacy to a woman's decision to have an abortion.

selective incorporation

The process of using the 14th amendment ("No state shall...") to apply the Bill of Rights to state actions too - happened piecemeal, case-by-case.

due process

Appears in 14th amendment (and 5th) - basis for protecting civil liberties against STATE actions as well as national ones.

Commerce Clause

Used to uphold Civil Rights Act of 1964 (no discrimination in public facilities) in Heart of Atlanta v. US.

Baker v. Carr (1962)

One man, one vote" - compelled Tennessee to redraw its congressional districts because not doing so violated the equal protection clause of the 14th

Voting Rights Act of 1965

Actually enforced the 15th amendment - allowed for federal poll-watchers and required Southern states to get any new voting laws pre-approved (preclearance) by the Justice Department.

Civil Rights Act of 1964

Outlawed discrimination by private businesses based on race, gender, and religion.

Shaw v. Reno (1993)

Supreme Court ruled that NC's majority-minority district was an unconstitutional gerrymander (bizarrely shaped - racially motivated), but not that it was NEVER okay to use race as a factor.

14th amendment

1) defines citizenship, 2) guarantees all citizens "equal protection of the laws," 3) "incorporates" bill of rights to apply to states, too ("No state shall deny... life, liberty, property without due process").

Due Process Clause 14th Amendment

fair procedures in the 14th - No STATE shall deny life, liberty, property without trial.

Plessy v. Ferguson

Upheld "separate but equal" racial segregation by the states.

Brown v. Board of Education (1954)

Race-based school segregation violates the equal protection clause.

15th Amendment

prohibits race-based VOTING discrimination - not actually effective until the Voting Rights Act of 1965.

Equal protection Clause

The 14th amendment clause used to justify civil rights legislation.

Obergefell v. Hodges (2015)

Legalized same-sex marriage by requiring states to recognize those performed in others - based on 14th amendment Equal Protection Clause and the "liberty" part of Due Process

states' rights

In general, Republicans favor ___________ to make their own laws, except when states made it legal for gays to marry, then they passed Defense of Marriage Act.

Defense of Marriage Act (1996)

Passed in the 1990s by a Republican national Congress - identified marriage as one man and one woman - struck down by courts in US v. Windsor.

University of California Regents v. Bakke

Supreme Court ruled that racial quotas for college admissions probably violated the Equal Protection Clause, but it was okay to consider race as one factor.

Affirmative Action

Government efforts to correct the effects of past discrimination by increasing the number of minorities in business, schools, colleges, and labor.

Full Faith and Credit Clause

Requires states to recognize each others' contracts and records (marriage?) and extradite criminals - 14th amendment, part of Obergefell v. Hodges.

judicial activism

A willingness to overturn legislative actions or make policy through the courts in response to societal circumstances. Constitution and is a living document.

judicial restraint

when judges defer or look to elected officials and refrain from striking down legislative actions.

24th amendment

Outlawed poll taxes in federal elections and literacy test.

Americans with Disabilities Act of 1990

Prohibits discrimination, requires accommodations in jobs, schools, transportation, and public services.

Title IX of Education Act of 1972

Prohibits sex discrimination in educational opportunities (including athletics), requires equal treatment.