US Supreme Court and Civil Rights - Topic 4.4 Flashcards
The protection of civil liberties and rights today
Amendments to the Constitution concering rights - examples
Which two important rulings impacted the First Amendment?
Relating to, firstly, free speech, and secondly religion
Snyder v Phelps (2011):
- Free speech in public, even if it’s offence, is protected
- Constitutionality was considered and not ideology
Burwell v Hobby Lobby Stores (2014):
- Government cannot require employers to provide insurance cover for birth control if it conflicts with the employer’s religious beliefs
- All three female justices dissented, it was a challenge to Obamacare
Amendments to the Constitution concering rights - examples
Which two important rulings impacted the Second Amendment?
Relating to gun control
D.C. v Heller (2008):
- You don’t have to be connected to a militia to own a gun
- Didn’t condone carrying any gun for any reason whatsoever
Chicago v McDonald (2010):
- Right to bear arms is applicable to both state and federal law
- Clarified D.C. v Heller as D.C. is not a state
Amendments to the Constitution concering rights - examples
Which two important rulings impacted the Fourth Amendment?
Relating to, firstly, gun control, and secondly, searches
Caetano v Massachusetts (2016):
- Extends bearable arms to those that are considered so in the modern day
- Restricts what a person can be arrested for with a gun
Carpenter v U.S. (2018):
- Acquiring cell phone data requires a warrant
- One of the first in the digital age for SCOTUS to rule on
Amendments to the Constitution concering rights - examples
Which two important rulings impacted the Fifth Amendment?
Relating to Miranda rights
Berghuis v Thompkins (2010):
- A suspect remaining silent doesn’t invoke the 5th Amendment right to silence
- Suspect must be read their Miranda rights
Salinas v Texas (2013):
- Remaining silent before being read your Miranda rights can be used as evidence
- Suspect was cooperative to question, but fell silent to a question before being read their Miranda rights, and the silence was used as evidence
Amendments to the Constitution concering rights - examples
Which two important rulings impacted the Eighth Amendment?
Relating to capital punishment
Glossip v Gross (2015):
- Midazolam injection doesn’t constitute ‘cruel and unusual’
- Execution was botched, however court didn’t uphold
Bucklew v Precythe (2018):
- Must show alternative punishments if convict claims method is excessively painful
- Continued to uphold the right of capital punishment
Amendments to the Constitution concering rights - examples
Which three important rulings impacted the Fourteenth Amendment?
Relating to, firstly, women’s rights, and secondly, LGBTQ+ rights
Whole Women’s Health v Hellerstedt (2016):
- Abortion centres in Teexas had ‘undue burden’ placed on them and therefore unconstitutional
- Stare decisis Roe v Wade (1973)
Dobbs v Jackson Women’s Health Organisation (2022):
- Supported Mississippi’s 15-week abortion ban
- Overtuned Roe v Wade, and returned the issue of abortion back to the states
Obergefells v Hodges (2015):
- Legalised same-sex marriages
- Legalised same-sex marriages federally, and in all 50 states, furthering United Staes v Windsor (2013)
How effective is the Supreme Court at protecting the rights of citizens?
- In the case of Obergefells v Hodges (2015), rights of the LGBTQ+ were preferenced over those of the religious right. Meanwhile, in Burwell v Hobby Lobby (2014), the religious right were preferenced over women
- The Supreme Court only hears 1% of all cases put to it in a year, meaning it cannot hear the vast majority of people who feel their rights are infringed
- The Court cannot enforce its rulings, only Congress and the president can; e.g., the Guantanamo Bay rulings between 2004 and 2008
- All judicial action is bound by the Constitution, even when a ruling isn’t “correct”
How is the Supreme Court checked and kept in balance?
The Court only has judicial review and while it allows the Court to strike down Acts of Congress or actions of presidents, it hears relatively few cases a year. Congress could alter the number of justices or pass a constitutional amendment to overturn a Court decision, unlikely however.
However there has been tension in recent years:
- Obama was angry at the Court notably after the rulings regarding campaign finance and his DAPA executive order
- The Court struck down parts of the Voting Rights Act of 1965 in 2018
- Senator Schumer held a pro-choice rally outside the Court in 2020, while they were hearing an abortion case
- Biden accused the Court of an ‘unprecedented assault on women’s constitutional rights’ following its unwillingness to strike down a Texas abortion law
What are the constitutional issues surrounding Guantanamo Bay?
Include the 4 court cases between 2004-2008
Suspected terrorists have been held here; however, the rights of detainees have cause controversy, with indefinite detention, military trials and even torture having been a feature of the camp. The situtation has led to considerable tension between the executive and judiciary.
- Rasul v Bush (2004): Foreign detainees in the bay can petition to the federal government for habeas corpus, reviewing the legality of their detention. The British men in the case were transported back to the UK for the decision
- Hamdi v Rumsfeld (2004): Detainees in the camp have a right to due process. Hamdi was released without charge and then deported back to the Saudis while giving up his US citizenship
- Hamden v Rumsfeld (2006): Using military commission to try detainees in the bay was unconstitutional. Led to the passing of the Military Commissions Act of 2006 to authoritse the use of military commissions in Guantanamo
- Boumediene v Bush (2008): Detainees in the camp have a right to try cases in US courts, and the MCA of 2006 was unconstitutional. Asserted the Court’s right to rule over presidential actions in this policy area
