Unit 3: Civil Liberties and Civil Rights

The interpretation and application of the First Amendment's establishment and free exercise clauses reflect an ongoing debate over balancing majoritarian religious practice and free exercise, as represented by such cases as: Explain the facts and ruling in Engel v. Vitale: Explain the facts and ruling in Wisconsin v. Yoder:

A group of parents, including Steven Engel, challenged this school prayer as a violation of the establishment clause of the First Amendment. The Supreme Court ruled that the school-led prayer violated the First Amendment, citing the importance of separating government and religion. Yoder, legal case in which the U.S. Supreme Court on May 15, 1972, ruled (7-0) that Wisconsin's compulsory school attendance law was unconstitutional as applied to the Amish (primarily members of the Old Order Amish Mennonite Church), because it violated their First Amendment right to free exercise of religion.

10th Amendment

Limits the powers of the federal government to those delegated to it by the Constitution. Passed: 15 December, 1791

The Supreme Court has attempted to balance claims of individual freedom with laws and enforcement procedures that promote public order and safety. 4th Amendment- Protection against warrantless searches & collection of metadata What was Mapp v. Ohio and what is the exclusionary rule? Patriot Act: What were the facts and ruling in Gideon v. Wainwright?

Mapp v. Ohio, 367 U.S. 643 (1961), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the exclusionary rule, which prevents prosecutors from using evidence in court that was obtained by violating the Fourth Amendment to the U.S. Constitution, applies not only to the U.S. federal government but also to the U.S. states. The purpose of the USA Patriot Act is to deter and punish terrorist acts in the United States and around the world. ... The purpose of the USA Patriot Act is to deter and punish terrorist acts in the United States and around the world. Gideon represented himself in trial. He was found guilty and sentenced to five years in prison. Gideon filed a habeas corpus petition in the Florida Supreme Court, arguing that the trial court's decision violated his constitutional right to be represented by counsel.

9th Amendment

Protects rights not enumerated in the constitution. Passed: 15 December, 1791

6th Amendment

Protects the right to a fair and speedy public trial by jury, including the right to be notified of the accusations, confront the accuser, obtain witnesses and retain counsel. Passed: 15 December, 1791

Explain the extent to which states are limited by the due process clause from infringing upon individual rights in the space below: What is the Miranda Rule:

Right to remain silent, anything you say can and will be held against you in a court of law, you have a right to an attorney, if you cannot afford an attorney one will be appointed for you.

Explain the implications of the doctrine of selective incorporation:

The doctrine of selective incorporation has implications for the balance of power in our federal system of government. ... In all of these cases individual rights and privileges that had once been excluded by state governments were now preserved and protected by agents of the national government.

Explain how constitutional provisions have supported and motivated social movements in the space below: Civil Rights Movement Women's Rights Movement

The government-protected rights of individuals against arbitrary or discriminatory treatment by governments or individuals based on categories such as race, sex, national origin, age, religion, or sexual orientation. Women's rights movement, also called the women's liberation movement, a diverse social movement, largely based in the United States, that in the 1960s and '70s sought equal rights and opportunities and greater personal freedom for women. It coincided with and is recognized as part of the "second wave" of feminism.

Explain the extent to which the Supreme Court's interpretation of the First and Second Amendments reflects a commitment to individual liberty.

The interpretation and application of the First Amendment's establishment and free exercise clauses reflect an ongoing debate over balancing majoritarian religious practice and free exercise

Civil rights protect individuals from discrimination based on characteristics such as race, national origin, religion, and sex; these rights are guaranteed to all citizens under the due process and equal protection clauses of the U.S. Constitution, as well as acts of Congress. Rational Basis Intermediate Scrutiny Strict Scrutiny

A test used to determine whether a law or governmental regulation or action violates the equal protection clause. For example, laws that affect persons on account of their race, a "suspect class," are subject to strict scrutiny and must be justified by the government with a compelling reason intermediate scrutiny. the test used by the supreme court in gender discrimination cases. strict scrutiny. a Supreme Court test to see if a law denies equal protection because it does not serve a compelling state interest and is not narrowly tailored to achieve that goal.

The debate on affirmative action includes justices who insist that the Constitution is colorblind and those who maintain that it forbids only racial classifications designed to harm minorities, not help them. Explain the facts and ruling in Bakke v. California:

Bakke (1978), the Supreme Court ruled that a university's use of racial "quotas" in its admissions process was unconstitutional, but a school's use of "affirmative action" to accept more minority applicants was constitutional in some circumstances.

The government can respond to social movements through court rulings and/or policies. Explain the facts and ruling in Brown v. Board of Education: Explain the Civil Rights Act of 1964: Explain Title IX of the Civil Rights Act Amendments (1972) Explain the Voting Rights Act of 1965:

Brown v. Board of Education of Topeka was a landmark 1954 Supreme Court case in which the justices ruled unanimously that racial segregation of children in public schools was unconstitutional In 1964, Congress passed Public Law 88-352 (78 Stat. 241). The Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, religion, sex or national origin. Provisions of this civil rights act forbade discrimination on the basis of sex, as well as, race in hiring, promoting, and firing. Title IX of the Education Amendments of 1972. Title IX of the Education Amendments of 1972 (Title IX) prohibits sex discrimination in any education program or activity receiving federal financial assistance. It outlawed the discriminatory voting practices adopted in many southern states after the Civil War, including literacy tests as a prerequisite to voting. ... This "act to enforce the fifteenth amendment to the Constitution" was signed into law 95 years after the amendment was ratified.

The Supreme Court has held that symbolic speech is protected by the First Amendment. Explain the facts and ruling in Tinker v. Des Moines Independent Community School District:

In a 7-2 decision, the Supreme Court's majority ruled that neither students nor teachers "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." The Court took the position that school officials could not prohibit only on the suspicion that the speech might disrupt the learning environment.

In New York Times Co. v. United States (1971), the Supreme Court bolstered the freedom of the press, establishing a "heavy presumption against prior restraint" even in cases involving national security. What is prior restraint? Explain the facts and ruling in Schenck v. US:

Prior restraint is a form of censorship that allows the government to review the content of printed materials and prevent their publication. Most scholars believe that the First Amendment's guarantee of freedom of the press includes the restriction of prior restraints United States, legal case in which the U.S. Supreme Court ruled on March 3, 1919, that the freedom of speech protection afforded in the U.S. Constitution's First Amendment could be restricted if the words spoken or printed represented to society a "clear and present danger."

8th Amendment

Prohibits excessive fines and excessive bail, as well as cruel and unusual punishment. Passed: 15 December, 1791

4th Amendment

Prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause. Passed: 15 December, 1791

2nd Amendment

Protects a militia's and an individual's right to bear arms. Passed: 15 December, 1791

1st Amendment

Protects freedom of speech, religion, and the press, as well as the right to assemble and petition. Passed: 15 December, 1791

5th Amendment

Sets out rules for indictment by grand jury and eminent domain, protects the right to due process, and prohibits self-incrimination and double jeopardy. Passed: 15 December, 1791

Explain how the U.S. Constitution protects individual liberties and rights in the box to the right.

The Bill of Rights protects freedom of speech, freedom of religion, the right to keep and bear arms, the freedom of assembly and the freedom to petition. It also prohibits unreasonable search and seizure, cruel and unusual punishment and compelled self-incrimination.

Court decisions defining cruel and unusual punishment involve interpretation of the Eighth Amendment and its application to state death penalty statutes. What were the facts and ruling in Furman v. Georgia:

The Court found that the death penalty was applied in a manner that disproportionately harmed minorities and the poor. In concurring opinions, Justices Brennan and Marshall argued that the death penalty was unconstitutional under any circumstance, as less severe punishments would serve the same punitive goals.

Explain how the Court has at times allowed the restriction of the civil rights of minority groups and at other times has protected those rights.

The Supreme Court has upheld the rights of the majority in cases that limit interdistrict school busing and those that prohibit majority-minority districting.

While a right to privacy is not explicitly named in the Constitution, the court has interpreted the due process clause to protect the right of privacy from infringement. The interpretation of the due process clause has been the subject of controversy: Define: Due Process Explain the facts and ruling in Roe v. Wade:

The due process clause prohibits the government from depriving a person of life, liberty, or property without due process of law. It is part of the 14th Amendment. The courts try to keep a balance of the state's power to make sure that an individual's rights are not infringed upon or their safety is not jeopardized. Roe v. Wade, 410 U.S. 113 (1973), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States protects a pregnant woman's liberty to choose to have an abortion without excessive government restriction.

Efforts to balance social order and individual freedom are reflected in interpretations of the First Amendment that limit speech. Time, place, and manner regulations: Miller Test: Explain the facts and ruling in Schenck v. US:

Time, place and manner restrictions are content-neutral limitations imposed by the government on expressive activity. restricting the size or placement of signs on government property. The Miller test, also called the three-prong obscenity test, is the United States Supreme Court's test for determining whether speech or expression can be labeled obscene, in which case it is not protected by the First Amendment to the United States Constitution and can be prohibited. United States, legal case in which the U.S. Supreme Court ruled on March 3, 1919, that the freedom of speech protection afforded in the U.S. Constitution's First Amendment could be restricted if the words spoken or printed represented to society a "clear and present danger."

The doctrine of selective incorporation has imposed limitations on state regulation of civil rights and liberties. Explain the facts and ruling in Gitlow v. NY: Explain the facts and ruling in McDonald v. Chicago:

With Gitlow, the Court ruled that the Fourteenth Amendment's guarantee that individuals cannot be "deprived of liberty without due process of law" applies free speech and free press protections to the states. City of Chicago, case in which on June 28, 2010, the U.S. Supreme Court ruled (5-4) that the Second Amendment to the U.S. Constitution, which guarantees "the right of the people to keep and bear Arms," applies to state and local governments as well as to the federal government.