Civil Liberties + Second Amendment Lecture Flashcards

What are liberties?

Protections from improper government action

What are rights?

Legal or moral claims individuals may make on government

Why were the bill of rights added?

To secure ratification and amend the Constitution

What were the amendments in the bill of rights?

-First-Limits on Congress

-Second, Third, and Fourth-Limits on the executive

-Fifth, Sixth, Seventh, Eighth-Limits on the courts (criminal justice process)

-Ninth and Tenth-Limits on the national government

What’s Barron v Baltimore (1833) and what did it do?

• John Barron sued Baltimore for ruining his wharf's water depth, citing Fifth Amendment takings, but the Court unanimously ruled these protections did not apply to states

• Confirmed the principal of dual citizenship

What did the Bill of Rights initially not apply to?

Decisions and procedures of local state governments

14th amendment

Almost perfectly designed to impose the Bill of Rights on the states and reverse Barron

Granted citizenship to all people born or naturalized in the U.S., including formerly enslaved ppl and guaranteed equal protection and due process of law

What did the slaughter-house cases determine?

The fed gov’t was under no obligation to protect the “privileges and immunities” of citizens of a state against arbitrary actions by that state’s gov’t

Quincy Railroad v Chicago (1897)

Incorporated the Fifth Amendment's "just compensation" clause, ruling that states cannot take private property for public use without fair payment.

Gitlow v NY (1925)

Established that the First Amendment’s freedom of speech protections apply to state governments, not just Congress, through the 14th Amendment’s Due Process Clause

What’s selective incorporation?

The application of the liberties in the Bill of Rights, one by one, to state governments

More on selective incorporation

• Court ruled that the 14th amendment didn’t apply the Bill of Rights to the States

• BUT, begins gradually, incorporating from 1897-present

What was the rights revolution?

20th century transformation during the 40s to 60s characterized by a massive expansion of individual rights, civil liberties, and legal protections

Mapp v Ohio (1961)

A landmark court case originating in Cleveland, under the 4th and 14th Constitutional amendments, illegally seized evidence could not be used in a state criminal trial.

Gideon v Wainwright (1963)

a landmark Supreme Court case establishing that states must provide defense attorneys to criminal defendants who cannot afford to hire one.

Involved sixth amendment

Miranda v Arizona (1966)

A landmark U.S. Supreme Court case ruling that police must inform suspects of their Fifth Amendment rights against self-incrimination before custodial interrogation.

What’s the most protected speech?

Political speech

What speech has no special protections?

Neutral speech

What type of speech is less protected under the first amendment than other types?

Commercial speech (for the purpose of selling something)

Schenck v U.S. (1919)

A landmark Supreme Court case that ruled the Freedom of Speech (First Amendment) does not protect words that create a "clear and present danger," particularly during wartime

Brandenburg v Ohio (1969)

A landmark U.S. Supreme Court case that strengthened First Amendment protections by ruling that the government cannot punish inflammatory speech unless it is intended to, and likely to, incite "imminent lawless action".

What’s restraint (freedom of the press)?

Government action that prohibits speech or other expression before it can take place.

What’s punishment (freedom of the press)?

A legal penalty imposed after the speech or publication has occurred

NY Times v U.S. (1971)

A landmark Supreme Court ruling that upheld the First Amendment right to free press.

What’s the establishment clause (first amendment, freedom of religion)?

Separation of Church and State

What’s the free exercise clause (first amendment, freedom of religion)?

Protect a citizens’ right to believe and practice whatever religion she chooses

What are the rights of the accused under the fourth amendment?

• Warrants based on probable cause

• Searches and seizures, exclusionary rule

Terry v Ohio (1968)

A landmark Supreme Court case establishing that police may stop and frisk individuals on the street without a warrant or probable cause if they have a "reasonable suspicion"

What are the rights of the accused under the fifth amendment?

• Protects individuals