Civil Liberties, Civil Rights, and Public Opinion – Comprehensive Notes

Civil Liberties

Limitations on government power that protect individual freedoms, such as freedom of religion, speech, and assembly. These are fundamental protections against government interference.

Civil Rights

Guarantees of equal treatment by the government and protection from discrimination based on protected characteristics like race or sex. They focus on ensuring that government entities treat all people equally.

Barron v. Baltimore (1833)

Supreme Court case that originally held the Bill of Rights did not apply to state governments, only the federal government.

Selective Incorporation

The judicial doctrine by which the Supreme Court has gradually applied most of the protections of the Bill of Rights to the states through the Due Process Clause of the Fourteenth Amendment.

First Amendment

Protects freedoms of religion (Establishment and Free Exercise Clauses), speech, press, assembly, and petition.

Establishment Clause

A clause in the First Amendment that prohibits Congress from establishing a national religion, promoting one religion over others, or generally endorsing religion.

Free Exercise Clause

A clause in the First Amendment that protects individuals' right to practice their religion freely, prohibiting government from burdening religious beliefs or practices.

Lemon Test

A three-pronged test used by the Supreme Court to determine whether a law or government action violates the Establishment Clause. It requires that the action have: (1) a secular purpose, (2) a primary effect that neither advances nor inhibits religion, and (3) no excessive entanglement with religion.

Sherbert Test

A strict scrutiny test historically used for Free Exercise Clause cases, requiring that a law burdening religious practice must serve a compelling governmental interest and be narrowly tailored. It was established in Sherbert v. Verner (1963).

Employment Division v. Smith (1990)

Supreme Court case that significantly narrowed the Sherbert Test, holding that neutral laws of general applicability can burden religious practice without requiring a compelling governmental interest.

Religious Freedom Restoration Act (RFRA, 1993)

A federal law passed in response to Employment Division v. Smith, aiming to restore the compelling governmental interest balancing test for federal actions that substantially burden religious exercise.

Second Amendment

Protects the right to keep and bear arms, interpreted by the Supreme Court to include an individual right for self-defense.

District of Columbia v. Heller (2008)

Supreme Court case that recognized an individual's right to possess firearms for self-defense in the home, separate from militia service.

McDonald v. Chicago (2010)

Supreme Court case that incorporated the Second Amendment's individual right to bear arms against the states through the Fourteenth Amendment's Due Process Clause.

Fourth Amendment

Protects individuals against unreasonable searches and seizures, generally requiring warrants based on probable cause.

Exclusionary Rule

A legal principle, established in Mapp v. Ohio (1961), that prohibits the use of illegally obtained evidence in a criminal trial, often referred to as 'fruit of the poisonous tree'.

Fifth Amendment

Protects against self-incrimination (Miranda rights), double jeopardy, requires grand jury indictment for capital crimes, due process, and just compensation for government takings of private property (Takings Clause).

Miranda Rights

Rights that must be read to a suspect in custody prior to interrogation, including the right to remain silent and the right to an attorney, as established in Miranda v. Arizona (1966).

Eminent Domain (Takings Clause)

The power of the government to take private property for public use, provided that 'just compensation' is paid to the owner, as outlined in the Fifth Amendment.

Sixth Amendment

Guarantees the right to a speedy and public trial, an impartial jury, to be informed of charges, to confront witnesses, to obtain witnesses, and to have assistance of counsel.

Gideon v. Wainwright (1963)

Supreme Court case that established the right to counsel for indigent defendants in felony cases, requiring states to provide attorneys for those who cannot afford one.

Eighth Amendment

Protects against excessive bail and fines, and cruel and unusual punishments.

Cruel and Unusual Punishment

Prohibited by the Eighth Amendment, this concept's interpretation evolves with societal standards, influencing debates around the death penalty and prison conditions.

Ninth Amendment

States that rights not explicitly enumerated in the Constitution are retained by the people, often cited for supporting unenumerated rights like privacy.

Tenth Amendment

Reserves powers not delegated to the federal government, nor prohibited to the states, to the states respectively, or to the people.

Griswold v. Connecticut (1965)

Supreme Court case that established a constitutional right to privacy regarding contraception for married couples, drawing from an implied 'zone of privacy' in the Bill of Rights.

Roe v. Wade (1973)

Supreme Court case that recognized a woman's constitutional right to an abortion, based on the right to privacy under the Fourteenth Amendment.

Planned Parenthood v. Casey (1992)

Supreme Court case that upheld the core right to abortion from Roe v. Wade but replaced the trimester framework with the 'undue burden' standard for state regulations.

Carpenter v. United States (2018)

Supreme Court case holding that the government generally needs a warrant to access an individual's cell-site location information, reflecting evolving privacy expectations in the digital age.

Prior Restraint

Governmental action that prohibits speech or other expression before it can take place, generally presumed to be unconstitutional, except in very rare circumstances (e.g., Near v. Minnesota, 1931).

Schenck v. United States (1919)

Supreme Court case that established the 'clear and present danger' test, allowing limits on speech that poses an imminent threat to public safety or national security.

Brandenburg v. Ohio (1969)

Supreme Court case that redefined the limits of free speech, ruling that speech can only be restricted if it is directed at inciting or producing imminent lawless action and is likely to actually incite or produce such action.

Miller Test (for obscenity)

A three-part test for determining whether material is obscene and therefore not protected by the First Amendment: (a) the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to prurient interest; (b) the work depicts or describes sexual conduct defined by applicable state law; and (c) the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.

Tinker v. Des Moines (1969)

Supreme Court case affirming students' First Amendment right to symbolic speech in public schools, as long as it does not 'substantially disrupt' the educational environment.

Equal Protection Clause

A clause in the Fourteenth Amendment that requires states to treat all similarly situated individuals alike, prohibiting discriminatory laws and policies.

Thirteenth Amendment

Ratified in 1865, it abolished slavery and involuntary servitude, except as punishment for a crime.

Fifteenth Amendment

Ratified in 1870, it prohibits the federal and state governments from denying a citizen the right to vote based on 'race, color, or previous condition of servitude'.

Plessy v. Ferguson (1896)

Supreme Court case that upheld racial segregation under the 'separate but equal' doctrine, legitimizing Jim Crow laws for decades.

Brown v. Board of Education (1954)

Supreme Court case that overturned Plessy v. Ferguson, ruling that racial segregation in public education was unconstitutional and inherently unequal.

Civil Rights Act of 1964

Landmark legislation that outlawed discrimination based on race, color, religion, sex, or national origin in employment, public accommodations, and federally funded programs.

Voting Rights Act of 1965

Federal legislation that prohibited discriminatory voting practices, such as literacy tests, and authorized federal oversight of voter registration and elections in areas with a history of discrimination.

Shelby County v. Holder (2013)

Supreme Court case that invalidated a key provision of the Voting Rights Act of 1965, removing the requirement for certain jurisdictions to obtain federal preclearance before changing their voting laws.

Loving v. Virginia (1967)

Supreme Court case that invalidated state laws prohibiting interracial marriage under the Equal Protection Clause of the Fourteenth Amendment.

Affirmative Action

Policies designed to address past and present effects of discrimination by providing preferential treatment to historically disadvantaged groups, often debated in university admissions and employment.

19th Amendment

Ratified in 1920, it granted women the right to vote across the United States.

Title IX (1972)

A federal law that prohibits sex-based discrimination in any education program or activity receiving federal financial assistance, significantly expanding women's opportunities in education and athletics.

Equal Rights Amendment (ERA)

A proposed amendment to the U.S. Constitution designed to guarantee equal legal rights for all American citizens regardless of sex; it failed to be ratified by the necessary number of states by its deadline.

Indian Reorganization Act (1934)

Federal legislation that reversed the Dawes Act policy of land allotment, aimed to restore tribal self-government, and promoted the preservation of Native American cultures.

McGirt v. Oklahoma (2020)

Supreme Court case that affirmed a large portion of eastern Oklahoma remains Native American reservation land for specific tribes, impacting jurisdictional authority for criminal prosecutions.

Chinese Exclusion Act of 1882

The first major federal law to restrict immigration to the United States based on nationality, effectively banning Chinese laborers for ten years.

Korematsu v. United States (1944)

Supreme Court case that upheld the constitutionality of Executive Order 9066, which authorized the internment of Japanese Americans during World War II, a decision later widely condemned and repudiated.

Lau v. Nichols (1974)

Supreme Court case that held that public schools receiving federal funds must provide special language instruction to students who do not speak English to ensure they receive an equal education.

Obergefell v. Hodges (2015)

Supreme Court case that ruled the right to marry is guaranteed to same-sex couples by the Fourteenth Amendment to the United States Constitution.

Americans with Disabilities Act (ADA) (1990)

Comprehensive civil rights legislation that prohibits discrimination based on disability in employment, public accommodations, transportation, and state and local government services.

Public Opinion

The collection of popular views about issues, events, and leaders, typically measured through polls and surveys.

Political Socialization

The process by which individuals acquire their political beliefs and values, beginning early in life and continuing through influences like family, school, peers, and media.

Heuristics

Mental shortcuts or cues (like party identification) that individuals use to make quick political judgments or decisions, especially when they lack extensive information.

Random Sample

A subset of a population selected in such a way that every member of the population has an equal chance of being selected, crucial for accurate polling.

Margin of Error (MOE)

A measure of the accuracy of a public opinion poll, indicating the likely range within which the true population percentage lies. Calculated using the formula: \text{MOE} \,\approx\; z_{\alpha/2} \sqrt{\frac{p(1-p)}{n}}

Exit Polls

Surveys conducted at polling places on election day to gather information on how voters cast their ballots and why, used to predict election outcomes and analyze voter behavior.

Push Polls

Campaign telephone calls presented as objective polls but designed to influence voters by providing negative or misleading information about an opponent under the guise of asking questions.