U.S. Constitution & Civil Liberties: Key Concepts and Cases

Declaration of Independence

Written mainly by Thomas Jefferson; inspired by John Locke's natural rights: life, liberty, pursuit of happiness; listed 26 grievances against King George III; purpose: justify independence and declare colonies free.

Articles of Confederation

America's first constitution (1781-1788) that created a weak government where states kept most power.

U.S. Constitution

Created a stronger central government; ratified in 1788 with a Bill of Rights promised.

Great Compromise

Established a bicameral Congress consisting of the House (based on population) and the Senate (2 representatives from each state).

Three-Fifths Compromise

Every 5 enslaved people counted as 3 for representation in Congress.

Federalists

Advocates for a strong central government.

Anti-Federalists

Opponents of a strong central government who feared tyranny and demanded a Bill of Rights.

Supremacy Clause

States that the Constitution is the supreme law of the land (Article VI).

Amendments

Changes to the Constitution require a 2/3 vote in Congress and ratification by 3/4 of the states (Article V).

Bill of Rights

The first ten amendments to the Constitution, ratified in 1791, that guarantee individual liberties.

1st Amendment

Guarantees freedom of speech, press, religion, assembly, and petition.

2nd Amendment

Protects the right to bear arms.

3rd Amendment

Prohibits the quartering of soldiers in private homes without consent.

4th Amendment

Protects against unreasonable searches and seizures.

5th Amendment

Guarantees due process, prohibits self-incrimination, and addresses eminent domain.

6th Amendment

Guarantees the right to a speedy and public trial.

7th Amendment

Guarantees the right to a civil jury trial.

8th Amendment

Prohibits cruel and unusual punishment.

9th Amendment

States that rights not listed in the Constitution still belong to the people.

10th Amendment

Reserves powers not given to the federal government to the states.

Civil Liberties

Limits on government interference, ensuring freedom from government actions.

Civil Rights

Government actions to guarantee equality.

Near v. Minnesota

Established that there can be no prior restraint, meaning the government cannot censor in advance.

NY Times v. U.S.

The government failed to justify censorship regarding the Pentagon Papers.

Griswold v. Connecticut

Recognized the right to privacy in marital contraception.

Roe v. Wade

Established the right to abortion under the right to privacy, using a trimester framework.

Tinker v. Des Moines (1969)

Students won; armbands were symbolic speech that did not disrupt school.

Mapp v. Ohio (1961)

Mapp won; evidence from illegal search cannot be used in court (exclusionary rule).

Near v. Minnesota (1931)

Near won; government cannot use prior restraint to censor newspapers.

New York Times v. U.S. (1971)

NYT won; Pentagon Papers could be published since gov't failed to prove national security threat.

New York Times v. Sullivan (1964)

NYT won; libel requires proof of "actual malice" when public officials are involved.

Brandenburg v. Ohio (1969)

Brandenburg (KKK leader) won; speech protected unless it directly incites imminent lawless action.

Mahanoy v. B.L. (2

21)0 Student (B.L.) won; schools cannot punish off-campus social media speech.

Griswold v. Connecticut (1965)

Griswold won; law banning contraceptives violated right to marital privacy.

Eisenstadt v. Baird (1972)

Baird won; privacy extends to unmarried individuals for contraception.

Roe v. Wade (1973)

Roe won; abortion protected under right to privacy in the 14th Amendment.

Webster v. RHS (1989)

Missouri (state) won; Court upheld restrictions like viability testing and no state funding.

Planned Parenthood v. Casey (1992)

Planned Parenthood partly won; abortion right upheld, but states can regulate as long as no "undue burden."

Whole Woman's Health v. Hellerstedt (2

16)0 Whole Woman's Health won; Texas restrictions struck down as undue burdens on abortion access.

Dobbs v. Jackson (2

22)0 Mississippi (state) won; Roe and Casey overturned, abortion regulation returned to the states.