CHO5: Civil Liberties and Civil Rights Flashcards
Chicago, Burlington and Quincy Railroad v. Chicago
1897
applied eminent domain (V) to states
Gitlow v. New York
1925
applied freedom of speech (I) to states
Near v. Minnesota ex rel. Olson
1931
applied freedom of press (I) to states
De Jonge v. Oregon
1937
applied freedom of assembly (I) to states
Cantwell v. Connecticut
1940
applied free exercise of religion (I) to states
Wolf v. Colorado
1949
applied freedom from unnecessary search and seizure (IV) to states
Mapp v. Ohio
1961
applied freedom from warrantless search and seizure (“exclusionary rule”) (IV) to states
Robinson v. California
1962
applied freedom from cruel and unusual punishment (VIII) to states
Gideon v. Wainwright
1963
applied right to counsel in any criminal trial (VI) to states
Malloy v. Hogan
Escobedo v. Illinois
1964
applied right against self-incrimination and forced confessions (V) to states
Griswold v. Connecticut
1965
applied right to privacy (III, IV, and V) to states
prohibited bans on contraception
Miranda v. Arizona
1966
applied right to remain silent (V) to states
Benton v. Maryland
1969
applied right against double jeopardy (V) to states
McDonald v. Chicago
2010
applied right to bear arms (II) to states
Timbs v. Indiana
2018
applied freedom from excessive fines (VIII) to states
Ramos v. Louisiana
2020
applied right to a unanimous verdict (VI) to states
Civil Liberties in Constitution
No bills of attainder: a legislative act that imposes punishment without trial
No Ex Post Facto laws: punishment for past crimes with new laws
Cannot suspend Habeas Corpus: punishment without trial
Privacy in Amendments
III, IV, IX
3, 4, 9
Forms of Protected Speech
public speech in public forum
except for “fighting words”, seditious speech, obscenity, hate speech
symbolic speech (eg. burning a flag)
Religion Clauses
Establishment Clause: prohibits state-sponsored religion
Free Exercise Clause: prohibits prohibitions of religion
builds “wall of separation” between church and state
Engel v. Vitale
1962
prohibited school prayer because of establishment clause
allowed for prayers at school because of free exercise clause
Unreasonable search and seizure
4th Amendment
Self-incrimination
5th Amendment
Right to Counsel
6th Amendment
Trial by Jury
7th Amendment
Shelby County v. Holder
2013
Allowed states to NOT evaluate the impact of their voting policies on minority voters
Struck down part of Voting Rights Act
Civil Rights Act
1964
Prohibited segregation laws
Civil Rights vs. Civil Liberties
Civil liberties: protects from government
Civil rights: protects from discrimination (from government or others)
Procedural vs. Substantive Equality
Procedural (de jure): equality under the law
Substantive (de facto): equality of result
Procedural Equality Laws
13th, 19th Amendments (see slides for complete list)
Brown v. Board of Education
Civil Rights Act of 1964: prohibited segregation and workplace discrimination
Voting Rights Act of 1965: prohibited racial discrimination in voting
Civil Rights Act of 1968: prohibited violence on the basis of race
Marbury v Madison
established judicial review
Nicole v Maryland
Established importance of supremacy clause
prohibited states from taxing federal government
Gideon v Wainwright
expanded right to counsel (6th Amendment) to all felony cases
Plessy v Ferguson and Brown v Board
Plessy v Ferguson: established “separate but equal”
Brown v Board: ended segregation
Barron v Baltimore
John Marshall established “dual citizenship”
Federal protection did not extend to states
Ended with 14th Amendment
Lemon Test
determines if a law violates the establishment clause
Does the practice have a secular legislative purpose?
Does the practice advance or inhibit religion?
Does the practice foster an excessive government entanglement with religion?
Selective incorperation
The intermittent process of establishing civil rights and liberties one by one
Exclusionary Rule
Evidence can be thrown out if it was obtained without a warrant (4th Amendment)
