We the People: The Federal Courts and Civil Liberties

The Incorporation Doctrine

the process where the Supreme Court applies certain rights from the Bill of Rights to state governments on a case-by-case basis through the Fourteenth Amendment

Who pushed for a Bill of Rights?

Anti-Federalists

Who were the Bill of Rights written to restrict?

The Federal Government

1st Amendment

Freedom of Religion, Speech, Press, Assembly, and Petition

What two clauses make up the freedom of religion in the 1st amendment of the Bill of Rights?

Establishment clause and Free Exercise Clause

Establishment Clause

Clause in the First Amendment that says the government may not establish an official religion.

Define the Free Exercise Clause

freedom to practice one's religion of choice without state interference

Wisconsin v. Yoder

Amish do not have to attend school after 8th grade - 1st Amendment's Free Exercise Clause

Thomas Jefferson

Argued that there is a "wall of separation" between church and state

People are free to follow their religious beliefs, but that right is not ______________.

absolute (ex polygamy not allowed, snakes, etc)

Tinker vs. Des Moines Independent School District

Protected some forms of symbolic speech. Ruled that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." Students have conditionally protected speech rights that can be regulated in certain circumstances.

Symbolic Speech

nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded symbolic speech protection under the first amendment.

Morse v. Frederick

schools can prohibit students from displaying messages that promote illegal drug use. Ex. Bong hits for Jesus (Juneau High School)

Mahanoy Area School District v Brandi Levy

Angry Cheerleader's text was okay.

Explain due process of law

the government must give people a chance to defend themselves in a fair hearing before infringing on their rights

What does the 4th amendment guarantee?

security of citizens against unreasonable searches and seizures without a search warrant (Exclusionary Rule)

Define the exclusionary rule

ability of courts to exclude illegally obtained evidence

Miranda v. Arizona

The accused must be notified of their rights before being questioned by the police. Incorporated to the states through the 14th Amendment's Due Process Clause.

Define the Miranda rule

requirement that prior to police interrogation, persons who are under arrest must be informed of their right to remain silent (found in the 5th Amendment)

What was the Supreme Court ruling in Gideon v. Wainwright in 1963?

people facing imprisonment have the right to an attorney found in the 6th Amendment through the 14th Amendment's Due Process Clause because proper defense is essential to a fair trial

Describe the sixth amendment

right to counsel (attorney)

Describe the 8th amendment

prohibits excessive bail, excessive fines, and cruel and unusual punishment

Describe the right to privacy

right to be left alone, not explicitly written in the Constitution, felt at one time by the 14th Amendment's Due Process Clause

McDonald v. Chicago

The Court held that the right of an individual to "keep and bear arms" protected by the 2nd Amendment is incorporated by the Due Process Clause of the 14th Amendment and applies to the states.

Mapp v. Ohio

Established the exclusionary rule was applicable to the states (evidence seized illegally cannot be used in court) through the 14th Amendment's Due Process Clause.

Griswold v. Connecticut

struck down a Connecticut law prohibiting the sale of contraceptives to married couples; established the right of privacy

Roe v Wade

(1973) legalized abortion on the basis of a woman's right to privacy

Dobbs v. Jackson Women's Health Organization

a landmark decision of the U.S. Supreme Court in which the court held that the Constitution of the United States does not confer a right to privacy overturning the Roe decision.

Judicial Restraint

A judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures. They look at situations strictly from the view of the Constitution.

Judicial Activism

A judicial philosophy in which judges make bold policy decisions, even charting new ground. Advocates of this approach emphasize that the courts can correct pressing needs, especially those unmet by the traditional political process.

Precedent

How similar cases have been decided in the past.

Texas v. Johnson

First Amendment/Freedom of Speech/symbolic speech - flag burning is protected speech

Santa Fe ISD v. Doe (2000)

No student led prayer over speaker system before football games

Kennedy v Bremerton School District

The Supreme Court ruled that the coach's post-game prayer was protected by the First Amendment's Free Exercise Clause because it was private religious expression, not government-endorsed prayer.

Burwell v. Hobby Lobby

The Supreme Court ruled 5-4 in favor of Hobby Lobby, holding that closely held for-profit companies can claim a religious exemption from federal laws that place a substantial burden on their religious beliefs.

Wallace v. Jaffree

Moments of suggested silent prayer at school are unconstitutional---moments of silence are not.

Article III of the Constitution

creates the Supreme Court but allows Congress to establish lower courts.

Power of the Sword and Power of the Purse

Alexander Hamiltion describing why the Court is not to fear by pointing out what powers the Court lacks.

Federal District Courts

the lowest level of the federal judiciary; these courts usually have original jurisdiction in cases that start at the federal level

Where are most cases heard?

State Courts

Plea bargain

a defendant's admission of guilt in exchange for a less severe punishment (most cases end this way)F

amicus brief

A submission to the court from an amicus curiae, or "friend of the court," an interested individual or organization who is not party in the case.

Fisher vs University of Texas

a Supreme Court case challenging the university's use of race as one factor in its admissions process. The Court ultimately upheld the policy, ruling that considering race in a holistic way to promote diversity did not violate the Equal Protection Clause.

Students for Fair Admissions v. Harvard 2023

a Supreme Court case challenging the use of race in college admissions. The Court ruled that Harvard's race-conscious admissions practices violated the Equal Protection Clause, effectively ending affirmative action in college admissions nationwide.