amendments + civil rights/liberties

Civil Liberties

protection FROM govt. prevention from interference

Civil Rights

protection BY govt. equal treatment under law

Bill of Rights

amendments 1-10 (mostly abt civil liberties)

1st amendment

• establishment clause (engle v vitale) - no official religion or bias

• free exercise clause (wisconsin v yoder) - no interference or prevention of religious practices

• prior restraint (NYT v US) - govt cannot prevent material from being published in advance

• clear and present danger (schenck v US) - free speech not protected if it incites “imminent lawless action”. 

• symbolic speech (tinker v des moines) - protects nonverbal / nonwritten speech in protest 

• libel - published damaging false statement

• slander - spoken damaging false statement

• freedom of assembly - right to peacefully congregate (w/ permit)

• freedom to petition - right to complain or sue govt. w/ out fear of reprisal

2nd amendment

• right to bear arms

• DC v heller - cannot ban firearms (federal district)

• mcdonald v chicago - cannot ban firearms (applied to all states)

4th amendment

• protection from unlawful searches and seizures (w/ probable cause and warrant)

• mapp v. ohio - ev obtained w/ out warrant cannot be used in court 

5th amendment (accused - due process, self incrimination, double jeopardy, grand jury, eminent domain)

• self incrimination (miranda v arizona) - right to remain silent during interrogation. cannot testify against self in court

• due process - cant be found guilty of crime w/ out due process of law. no deprivation of life liberty and property

• double jeopardy - cant be tried for same crime twice

• grand jury - right to grand jury trial in criminal cases

• eminent domain - govt cannot possess property for public use w/ out compensation  

6th amendment (trial - counsel/attorney, speedy public trial, trial by jury, know offenses, subpoena)

• right to counsel (gideon v wainwright) - right to attorney present during interrogation and trial

• trial by jury - have jury deliberate and read out if person is guilty or acquitted

• speedy and public trial - trial held in court within reasonable time

• right to know offenses and witnesses - right to know what you are accused of and who is accusing you

• right to confront witnesses - challenge witnesses against you in court

• subpoena power - right to compel witnesses for your defense 

7th amendment (civil)

• civil law - right to jury trial for civil cases (over $20)

8th amendment (punishment)

• no excessive bails/fines - bail and fine should fit severity of crime

• freedom from cruel and unusual punishment - guilty verdict punishment cannot be cruel and unusual. death penalty not considered

9th amendment

• elastic clause - peoples’ rights are not limited to just the enumerated ones

10th amendment

• police powers - powers not specifically delegated to federal govt are left to states and people

14th amendment (citizenship and protection)

• due process - states cannot deprive citizens of life, liberty, and property w/ due process

• equal protection clause - states must treat all citizens as equal under the law

• privileges and immunities clause - states cannot pass laws that treat citizens unequally or discriminate against a certain group

• citizenship clause - all people born in US or who become naturalized are US citizens

• selective incorporation - bill of rights applied to states thru due process

15th amendment

• no citizen can be denied right to vote based on race. largely ignored during reconstruction. jim crow legally denied suffrage until voting rights act 1965

19th amendment

• no citizen can be denied right to vote based on sex (women able to vote)

24th amendment

• ban on poll taxes in order to vote (used in jim crow)

26th amendment

• lowered voting age from 21 to 18.

CIVIL RIGHTS

de jure segregation

segregation by law (prohibit on house loans)

de facto segregation

segregation by factors (housing, economic inequality)

affirmative action

policy and practices increasing representation/opportunities for historically marginalized group (equity)

strict scrutiny

SCOTUS heightened standard of review to determine constitutional validity of a challenged practice

civil rights act 1964

prevents discrimination in employment, segregation in schools, public accommodations and facilities based on race, color, sex, religion, national origin (and later sexual orientation/gender identity).

voting rights act 1965

banned racial discrimination in voting (ex. literacy tests and other restrictions)

civil rights act 1968 (housing rights act)

prohibited housing discrimination (sale, rental, eviction, repairs)

title ix (9)

prohibits sex based discrimination in federal education facilities and programs

equal rights amendment (ERA)

not passed. constitutional amendment that would have banned sex based discrimination

CASES

plessy v ferguson (1898)

“separate but equal”. de jure segregation

brown v board (1954)

overturned plessy v ferguson. argued separate facilities is inherently unequal. prohibited de jure segregation in education

heart of atlanta motel v US (1964)

upheld civil rights act 1964 thru commerce clause prohibiting of discrimination in public accommodations

loving v virginia (1967)

prohibited banning racial marriage

reed v reed (1971)

upheld 14th amendment equal protection clause prohibits sex-based discrimination

regents v bakke (1978)

banned racial quotas in admissions. cannot select solely on basis or factor of race

lawrence v texas (2003)

struck down anti sodomy laws nationwide. privacy of two consenting adults’ sex life

US v windsor (2013)

defense of marriage act (DOMA) defined marriage between a man and woman. struck down as unconstitutional. govt. recognize same sex marriages authorized by states

obergefell v hodges (2015)

right to marry is fundamentally protected under 14th amendment 14th amendment due process and equal protection. same sex marriage legal in all US states and territories

bostock v clayton county (2020)

prohibited discrimination against trans and gay people under civil rights act 1964