Unit 3 Flashcards (PART 1)
Civil Rights
protections for individuals from discrimination based on race, national origin, religion, sex, and other characteristics, ensuring equal treatment under the law.
Civil Liberties
fundamental rights and freedoms protected from infringement by the government
Protections citizens have against government action that takes away fundamental freedoms
Edward Snowden
leaked classified documents that exposed the NSA - some thin he’s good, others think he’s bad
Bill of Rights
a list of fundamental rights and freedoms that individuals process, The first ten amendments to the U.S. Constitution are referred to as the bill of rights.
Debated @ the constitutional convention
Federalist No. 84
Hamilton defended the need for a bill of rights
First Amendment
Protects freedom of religion, speech, the press, assembly, and petition
Second Amendment
The right to keep and bear arms
Third Amendment
No forced quartering of troops in homes
Fourth Amendment
Protects against unreasonable search and seizure and establishes the right to have warrants issued before an arrest or search
Fifth Amendment
Right to a grand jury indictment in ciminal cases, protection against double jeopary and self-incrimination, the right to due process of law, and the right to just compensation when private property is taken for public use.
Sixth Amendment
Protections during criminal prosecutions for a speedy and public trial by an impartial jury, the right to confront witnesses, the right to compel favorable witnesses to testify in one’s defense, and the right to the assistence of defense counsel.
Seventh Amendment
Right to a trial by jury in certain civil suits
Eighth Amendment
Protections against excessive bail, excessive fines, and cruel and unusual punishment.
Ninth Amendment
Protection of rights not listed in the Constitution
Tenth Amendment
Powers not delegated to the federal government nor prohibited by it to the states, are reserved to the states or to the people.
Gitlow v. New York
held that the First Amendment right to free speech is applicable against the states via the Fourteenth Amendment - SELECTIVE INCORPORATION and CLEAR AND PRESENT DANGER
1919 - left wing manifesto
Affirmed that there are restrictions on speech and of the press that are legitimate if such expression sufficiently threatens the public welfare.
Gitlow convicted, charged 5-10 years of prison.
Fourteenth Amendment
guarantees against the deprivation by any state of “life, liberty, or property without due process of law” - this is called the due process clause - the clause in the Fourteenth Amendment that restricts state governments fron denying citizens their life, liberty, or property without legal safeguards.
Due Process Clause
the clause in the Fourteenth Amendment that restricts state governments from denying citizens their life, liberty, or property without legal safeguards.
Selective Incorporation
the piecemeal process through which the Supreme Court has affirmed that almost all of the protections in the Bill of Rights also apply to state governments.
Establishment Clause
First Amendment protection against the government requiring citizens to join or support a religion
Free Exercise Clause
First Amerndment protection of the rights of individuals to exercise and express their religious beliefs .
Board of Education v. Allen (1968)
Taxpayer Funds and Private Religious Schools + establishment clause
Engel v. Vitale (1962) , Abington School District v. Schempp (1969)
Prayer in Public Schools + establishment clause
Current status of prayer in public schools
students can’t be directed to pray, but they can if they want to. + establishment clause
Lemon v. Kurtzman (1971)
Government Involvement with religion + establishment clause
Wisconsin v. Yoder + Free Exercise Clause
Under the free exercise clause, Americans can hold any religious beliefs. However, they are not always free to act on them. Amish stuff
Freedom of Expression
a fundamental right affirmed in the First Amendment to speak, publish, and protest.
One of the most difficult issues faced in courts is how to balance the needs of national security with the fundamental right of political expression
Espionage Act of 1917
passed during WWI - Among other things, this act makes it a crime to interfere with military recruiting.
Schneck v. United States (1919)
Charles Schneck and Elizabeth Baer were convicted for producing/distributing antiwar leaflets discouraging young men from joining the military
This was because of the Espionage Act.
Clear and Present Danger Test
legal standard that speech posing an immediate and serious thread to national security is not protected by the First Amendment
Prior Restraint
the suppression of material prior to publication on the grounds that it might endanger national security.
Symbolic Speech ( + which case?)
protected expression in the form of images, signs, and other symbols.
Protections are extended to these
Tinker v. Des Mones Independent Community School District (1969) - Armbands, convicted for them.
Morse v. Frederick (2007) - “BONG HITS 4 JESUS” poster
Defamation / Libel and Slander
Libel - an untrue written statement that injures a person’s reputation
Slander - an untrue spoken expression that injures a person’s reputation
One can sue for libel and slander
Restrictions on Free Speech
Defamation (Libel and Slander) ; Hate Speech ;
Obscenity and Pornography ; internet regulations ; Time, Peace, and Manner (some protests must have a permit)
De Jonge v. Oregon (1937)
The final two rights of the First Amendmen are - the right to peaceably assemble and to petition the government
Less court cases about this
More on the Second Amendment ( + a court case)
Hotly debated
5-4 decision - District of Columbia v. Heller (2008) - the court overturned a District of Comumbia ban on individual handgun ownership.
Ex Post Facto Laws
laws criminalizing conduct that was legal at the time it occurred
Bills of Attainder
a law passed by Congress punishing an individual without a trial
Writ of Habeas Corpus
a document setting out reasons for an arrest or detention
Procedural Due Process
a judicial standard requiring that fairness be applied to all individuals equally.
Probable Cause
reasonable belief that a crime has been committed or that there is evidence of criminal activity
Exclusionary rule
a rule that evidence obtained without a warrant is inadmissible in court
Established in Mapp v. Ohio (1961)
Grand Jury
a group of citizens who, based on the evidence presented to them, decide whether or not a person should be indicted on criminal charges and subsequently tried in court
Double Jeopardy
protects an individual acquitted of a crime from being charged with the same crime again in the same jurisdiction
Miranda Rights
the right to remain silent and to have an attorney present during questioning: these rights must be given by police to individuals in custody suspected of criminal activity.
Privacy rights
Privacy in the bedroom - In general, consenting adults have the right to keep their personal lives private from the govt.
The Supreme Court has extended the right of privacy to issues such as birth control, abortion, and sexuality - (think - roe v. wade)
Griswold v. Connecticut (1965)
CONTRACEPTIVES + PRIVACY
the Supreme Court stated for the first time that the Constitution protects the right of privacy.
Overturned Connecticut law outlawing contraceptives.
Lawrence v. Texas
the Court struck down a Texas sodomy law making sem-sex sexual conduct illegal.
Why didn’t the Federalists originally like the BOR?
Many FEDERALISTS did not see the B.O.R. as necessary
Felt that checks and balances already limited gov action
Worried about a B.O.R. being used to limit future rights
Madison especially
Say govt. Cant start a religion, but they find a loophole
The more rules, the more loopholes.
Why did Anti-Federalists want the BOR?
Anti-Federalists wanted it / created it
Wanted explicit language protecting civil liberties
Limit the actions and scope of a centralized government
Protect core [principles of American democracy
Overview of the Bill of Rights
Amendments 1-3 protect the rights of individuals
Amendments 4-8 protect the rights of the accused (in legal system)
9th Amendment : Identifies the possibility of unenumerated rights
Madison writing this - basically said “this list is not an all-inclusive list - you may have other rights that aren’t written down’.
10th Amendment: Powers reserved for states (police powers)
13th Amendment (Reconstruction Amendment)
Abolition of slavery (except for punishment of crime)
You can be a legal slave in our system if you are currently incarcerated
License plates are made by prisoners
Or in other states highway cleanup, hard labor, mining
14th Amendment (Reconstruction Amendment)
Established rights of US citienship (states must follow))
Due process: Govt. proceedings must be fair
“Equal protections” of laws for all
THE MOST IMPORTANT AMENDMENT PERIOD.
For example - the first amendment just refers to CONGRESS not doing enforced religions - not the states. The 14th amendment says that it must apply to the STATES !
“born or naturalized in the United States,” including formerly enslaved people, and provided all citizens with “equal protection under the laws,”
History of the First Amendment
“Congress shall make no law respecting an establisment of religion, or prohibiting the free exercise thereof…”
Eary first amendment only applied to the national legislature
Many states created and enforced religious laws (till the 14th Amendment)
Free Exercise Clause
allows for citizens to pratcie religion as they choose
Establishment Clause (2)
prevents government from favoring or endorsing a religion.
Boe v Allen
Some taxpayer funds can go to parochial (religious) schools (BOE v Allen) - as long as you offer the taxpayer funds evenly to ALL schools
US DOE Policy
Student may pray during non-instructional time
b/c it doesn’t inhibit eductation - if it was (like if we all got in a circle while Carroll was trying to teach) then he could break it up.
Kennedy v Bremerton 2021
PA public school coach can kneel and pray on field w/ students after games
Lemon Tests (came from the court case Lemon v Kurtzman)
Legislation must have secular purpose
Cannot advance or inhibit religion
Can’t create excessive/unneccesary entaglement between gov and religion
1st Amendment 2
“Congress shall make no law… or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble and to petition the Government”
Established an independent press who could hold the government accountable.
Clear and Present Danger
Speech that is clear and present danger to national security is limited
Another example of “clear and present danger” - yelling “FIRE!” in the middle of a movie theatre when you KNOW there’s no fire and causing people to charge/stampede/panic and whatnot
Limits on speech which could counter war effors (encouraging mutiny)
Prior Restraint 2
Government can prevent publication of material that endangers national security
Aka - can stop a newspaper from publishing classified documents
Hate Speech Limits
Hate speech or offensive speech is not limited
Cannot encourage unlawful behavior if speech is likely to produce actions
Burning cross case - Supreme Court let them go bc they were like “wahhhh no”
Only if there’s clear and present danger
2nd Amendment 2
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.”
Eventually interpreted to include gun ownership for personal protection. (DC v Heller)
Limits on the 2nd Amendment
Courts recognize prohibitions for mentally ill, felons, or in sensitive places such as government buildings
14th Amendment
“No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States … “
Bill of rights used only to apply to the national government
Use of 14th Amendment can now limit state laws to recognize citizen rights
Selective Incorportation
Porocess where SCOTUS applies national rights to limit states
Nearly all rights from BOR have been incorporated
Use of originalist ideas help to clarify what rights are deemed fundamental
