Civil liberties
individual personal freedoms
Bill of Rights
first 10 amendments to constitution, protects individual personal liberty by limiting the federal government
1st amendment
freedom of religion, speech, press, and assembly
2nd amendment
right to bear arms
3rd amendment
no quartering of troops
4th amendment
no unreasonable searches and seizures
5th amendment
due process, double Jeopardy, right to remain silent, self- incrimination
6th amendment
speedy, public trial by jury (criminal)
7th amendment
speedy public trial by jury (civil)
8th amendment
no cruel or unusual punishment
9th amendment
unenumerated rights of people
10th amendment
establishes federalism
14th amendment
included due process clause
state can’t deprive a person of life, liberty, or property without due process of a law
gives birth to selective incorporation
Selective incorporation
bill of rights has been applied to the states on a case-by-case basis
Engel v Vitale
Banned state sponsored public school prayer, even if participation is voluntary
Said that this violated the establishment clause, promoting religious belief
free exercise clause
the right to practice the religion of your choice
Wisconsin v Yoder
Compelling Amish students to attend public school beyond 8th grade violates the free exercise clause
Schenck v U.S.
Court upheld a congressional law that prohibited speech intended to harm the war effort
speech that creates a clear and present danger can be banned
there can be a time, place, and manner restrictions on speech
Tinker v Des Moines
Students have free speech, symbolic speech is pure speech, therefore the black arm bands were protected
New York Times v US
Bolstered freedom of the press, preventing Nixon administration from blocking publication of classified documents
heavy presumption against censorship, even when national security is involved
McDonald v Chicago
incorporated an individual right to bear arms
exclusionary rule
illegally obtained evidence may not be used in a trial
Miranda rule
suspects have to be informed of their 5th and 6th amendment rights
Gideon v Wainwright
incorporated the 6th amendments right to an attorney, forcing states to provide defendants with an attorney if they can’t afford one
Roe v Wade
established and incorporated a right to an abortion based on the right of privacy
Civil rights
protection of groups of people from discrimination
equal protection clause
told states they couldn’t treat people differently under the law
Letter from Birminhgham Jail
demands fulfillment of declaration and constitution for African-Americans
Brown v Board of Education
racially segregated public schools violate the 14th amendment and equal protection clause
Civil Rights Act of 1964
banned discrimination based on race, sex, color, religion, or national origin in public accommodations or employment
Voting Rights Act of 1965
banned literacy tests and other obstacles to vote
Affirmative action
preferential hiring and admission policies for minorities