Unit 3 Flashcards
Unenumerated rights of the people
9th Amendment
No official religion or preferential treatment for a religion. Gov. can’t force a religion onto the people.
Establishment Clause
States cannot hold prayers in public schools, even if participation is voluntary and the prayer isn’t tied to a specific religion.
Engel v. Vitale (1962)
The right to practice the religion of your choice
Free exercise clause
Compelling Amish students to attend public school beyond 8th grade violates the free exercise clause
Wisconsin v. Yoder (1972)
Students have free speech; symbolic speech is pure speech; schools can only limit speech if it interferes with the operation of the school.
Tinker v. Des Moines (1969)
Speech can be limited if it creates a clear and present danger. Upheld the Espionage Act.
Schenck v. U.S. (1919)
Libel, slander, obscenity, speech intended to incite “imminent illegal action” and “likely to produce such a result”
Unprotected speech:
Because of the First Amendment’s freedom of press there is a heavy presumption against prior restraint; government couldn’t block publication of the Pentagon Papers
New York Times v. U.S (1971)
On a case by case basis, the supreme court started applying parts of the bill of rights to apply to the states, (now the states cannot deny the people their rights in the Bill of Rights) the court used the 14th amendment due process to justify having the power to do so 14th amendment due process =.”…nor shall any state deprive any person of life, liberty, or property, without due process of law.”
Selective Incorporation
Suspects in custody must be informed of their 5th and 6th amendment rights
Miranda Rule
incorporated an individuals right to bear arms (2nd amendment through the 14th’s due process clause)
McDonald v. Chicago (2010)
Incorporated the right to an attorney (6th amendment) through the 14th’s due process clause
Gideon v. Wainwright (1963)
Established and incorporated a right to an abortion (right of privacy and the 14th amendment’s due process clause)
Roe v. Wade (1973)
Protect individual personal liberty by limiting federal government.
Purpose of Bill of Rights
Individual personal freedoms (freedoms guaranteed from government interference, listed in the Bill of Rights)
Civil Liberties
1st Amendment
Religion (establishment clause & free exercise clause)
Assemble
Petition
Press
Speech
(RAPPS)
Right to bear arms.
2nd Amendment
No quartering of troops in peacetime.
3rd Amendment
No unreasonable searches and seizures.
4th Amendment
Due process, no self-incrimination, no double jeopardy, eminent domain, grand jury in capital cases
5th Amendment
Speedy and public trial by jury in criminal cases, fair trial, right to an attorney
6th Amendment
Trial by jury in civil cases
7th Amendment
No cruel and unusual punishment or excessive bail
8th Amendment
States’ rights; All powers not delegated to the federal or denied to the states are reserved to the states
10th Amendment
Pretrial rights of the accused
*Right to legal counsel, speedy and public trial, and an impartial jury
*Protection against warrantless searches of cell phone data under 4th amendment
*Limitations placed on bulk collection of telecommunication metadata
Illegally obtained evidence may not be used in a trial against you.
Exclusionary Rule
Protection of groups of people from discrimination based off of gender, race, disabilities etc. (the 14th amendment equal protection clause)
Civil Rights
Social Movements such as:
Civil rights, women’s rights, and LGBTQ rights are supported and motivated by the
14th amendment’s equal protection clause.
A letter written by Martin Luther King Jr. after he had been arrested when he took part in a nonviolent march against segregation. He was disappointed more Christians didn’t speak out against racism.
Letter From A Birmingham Jail
Organization that led women’s rights movement in 1960s and 1970s
National Organization For Women (NOW)
Banned discrimination based on race, color, gender, religion, or national origin in public accommodations (commerce clause) or employment and enforces the Brown ruling (separate is now equal)
Civil Rights Act of 1964
The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated using the 14th amendment equal protection clause.
Brown v. Board of Education (1954)
the facilities for each race were equal in quality, a doctrine that came to be known as “separate but equal”.
Plessy v. Ferguson (1896)
Prohibits discrimination on the basis of sex in any federally funded education program
Title IX of the Educational Amendments Act of 1972
Preferential admissions and hiring policies for minorities; allowed but no quota system, no points awarded for race
Affirmative Action
You cannot gerrymander based off of race, violation of the 14th amendment’s equal protection clause.
Shaw v. Reno (1993)
“One man, one vote.” Ordered state legislative districts to be as near equal as possible in population; malapportioned districts are unconstitutional (14th amendment equal protection clause issue)
Baker v. Carr (1962)
