Protection of civil liberties and rights Flashcards
What is the Bill of Rights?
The Bill of Rights is the protection of rights through the first 10 amendments to the US Constitution.
How has the Supreme Court intervened to protect religious freedoms under the First Amendment in the case of Burwell v. Hobby Lobby Stores Inc?
Burwell v Hobby Lobby Stores Inc saw the Supreme Court apply the same rights of free religious expression to corporations as are available to people. This prevented Obamacare from enforcing contraception provision upon family owned enterprises due to the potential for religious conflicts.
How did Morse v. Frederick impact freedom of speech rights?
Morse v. Frederick saw freedom of speech rights arguably infringed upon as an 18 year old’s suspension from school for displaying a sign saying ‘BONG HITS 4 JESUS’ was not overturned under the 1st amendment. Placed limits on freedom of speech when they conflicted with the message of another body.
How did the Supreme Court defend the 2nd Amendment through DC v. Heller (2008)?
The Supreme Court ruled in DC v. Heller that the right to bear arms extended beyond militia membership and permitted the personal ownership of firearms by overturning a DC law which banned handgun ownership. Example of the SC as a quasi-legislative body.
What is the Fifth amendment?
The 5th amendment affirms the right that no individual should be forced to be a witness against themselves in any situation. The ‘right to remain silent’.
How did the Supreme Court protect the 5th Amendment in Miranda v. Arizona?
Miranda v. Arizona saw the 5th amendment protected as it changed the application of this amendment so that the accused’s rights would be read to them when arrested.
What rights have been passed since the Bill of Rights in the form of amendments?
13th amendment protected people from slavery, 14th amendment provided US citizenship for all born or naturalised in the US, 15th amendment protects right to vote, 19th amendment provided full voting and political rights to women.
How did Roper v. Simmons (2005) see the Supreme Court protecting the rights under the 8th amendment?
Roper v. Simmons resulted in a ruling being made by the Court which determined that the death penalty could not be used on anyone below the age of 18 when offending. Did see the Court act as a quasi-legislative body in a sense.
How did McDonald v. City of Chicago arguably NOT protect the rights in the 2nd amendment?
McDonald v. City of Chicago allowed some state-based gun laws to remain operational, highlighting how some regulation of gun ownership is operational in the US.
How did Vernonia School District v. Acton arguably not protect the rights contained in the 4th amendment?
Vernonia School District v. Acton ruled that a random policy of drug testing school athletes was reasonable and not a breach of the 4th amendment’s restriction on unreasonable searches.
How did Shelby County v. Holder arguably uphold the 10th amendment?
Shelby County v. Holder ensured that the 10th amendment, which reserved all powers not directly delegated to the federal government for the states and people, overturned the use of the federal preclearance formula of the Voting Rights Act, arguing that this was a breach of the constitution due to discriminating against certain states.
