Chapter 6 Civil Liberties and Civil Rights

Bill of Rights (1791)

First 10 amendments added to the Constitution written by James Madison

Civil liberties

Protections from the abuse of government power

Civil rights

Protections from discrimination based on race, gender, or other minorities

1st Amendment

Freedom of speech, freedom of the press, freedom to petition the government, freedom of assembly, freedom of religion

Schenck v. United States (1919)

A socialist handing out leaflets telling men not to enlist was arrested, ruled constitutional because his speech posed a “clear and present danger” to the US

Tinker v. Does Moines (1969)

John and Mary Beth Tinker wore black armbands at school to protest the Vietnam War, constitutional and minors and school were protected by the First Amendment under certain circumstances

Prior restraint

Crossing out parts of an article before it is published

New York Times v. United States (1971)

Daniel Ellsberg leaked the Pentagon Papers (about US in Vietnam) to the New York Times, when the Washington Post started to publish the Pentagon Papers; ruled constitutional because the government had not had the proof necessary to enact prior restraint

Letter from a Birmingham Jail

A letter written by Martin Luther King Jr. to African American religious leaders outlining key ideas about importance of nonviolent protest through peaceful assembly

Establishment clause

Constitution prevents government from establishing state religion

Engel v. Vitale (1962)

Families sued their children’s school district for forcing prayer in the classroom, ruled unconstitutional because it violated establishment clause

Wisconsin v. Yoder (1972)

Three Amish families were fined for taking their children out of school after the eighth grade; ruled constitutional (free exercise clause)

Free exercise clause

Free exercise of religion is allowed

2nd Amendment

Right to bear arms

McDonald v. Chicago (2010)

McDonald wanted to buy a gun for self-defense but couldn’t because of city restrictions on handgun registrations, ruled unconstitutional because states are not allowed to impede citizens’ rights to keep and bear arms

United States v. Lopez (1995)

Alfonso Lopez arrested for taking a gun to school, convicted for violating Gun-Free School Zones Act of 1990; ruled GFSZA unconstitutional because it was under the commerce clause but didn’t late to commerce

3rd amendment

Forbids quartering of soldiers and direct public support of armed forces

4th Amendment

Restricts government agencies in criminal/civil procedural investigations, protects a person’s belongings from “unreasonable searches and seizures”; policy must go before a judge to justify a search of private property

Probable cause

Judge believes that a search will find evidence of a crime

Search warrant

Issued by a judge, limits where police search and what they can take as evidence

Exclusionary rule

All evidence taken illegally by the police cannot be used as evidence

• Objective good faith exception: allows for convictions in cases where illegal search happened but under the assumption that it was legal

• Invevitable discovery rule: illegally seized evidence that eventually would have been found legally is admissible in court

Exigent circumstances

Reason to believe evidence would disappear after a warrant was received

5th Amendment

Guarantees grand jury when suspect is held for capital/infamous crime, prevents person from being repeatedly prosecuted for the same crime by prohibiting double jeopardy, establishes right of government to seize property for the public under auspices of eminent domain if seizure can be compensated, rights granted to the accused, federal government can’t deprive a person of “life, liberty, or property by any level unless due process of law is applied”

Gideon v. Wainwright (1963)

Earl Gideon was accused of breaking-and-entering, theft, and destruction of property but was not given an attorney, ruled unconstitutional because of violation of 6th amendment right to attorney

6th Amendment

Allows accused to be prosecuted by impartial jury (right to be informed of charges, confront witnesses, subpoena witnesses for defense, have a lawyer), forms basis for habeas corpus (protects against illegal imprisonment and ensures person can’t be held indefinitely without being charge or without a legal reason), right to a speedy trial

7th Amendment

Allows for trial by jury in common-law cases

8th Amendment

Bans excessive bails/fines and cruel or unusual punishment

9th Amendment

Rights not mentioned in the Constitution are still protected, implied right to privacy and other rights

13th Amendment

Made slavery illegal, prohibited indentured servitude

14th Amendment

Declared that all people born in the US were citizens and entitled to equal rights, protected by due process

15th Amendment

Banned laws that prevented African Americans from voting based on race/history of enslavement

24th Amendment

Outlawed poll taxes

Jim Crow laws

Segregationist laws passed as the federal government had less influence over the South

Poll tax

A tax paid in order to vote

Grandfather clause

Said that other voting restrictions could be lifted if your grandfather was eligible for voting; allowed poor/illiterate whites to vote

Equal Pay Act of 1963

Made it illegal to base pay on race/gender/religion/national origin

Civil Rights Act of 1964

Increased rights of African Americans and other minorities and gave federal government more ways of enforcing law

• banned discrimination in public areas and government-funded programs

• Prohibited discrimination in hiring based on race or gender

• Required government to cut funding for any program that did not follow the law

• Gave government power to sue if schools were segregated

Voting Rights Act of 1965

Designed to counteract voting in the South; allowed federal government to step in any area using literacy tests or where

Brown v. Board of Education (1954)

Group of families from Kansas sued the city’s board of education for enforcing segregation; unanimous decision ruled that school segregation was unconstitutional

19th Amendment

Gave women the right to vote

Title IX, Higher Education Act (1972)

Prohibits gender discrimination by institutions of higher education that are government-funded, used to force increase funding of women-only programs

Lilly Ledbetter Fair Pay Act of 2209

Closed a loophole that limited suits on discriminatory pay based on the timing of the issuance of the first discriminatory paycheck

Age Discrimination Act of 1967

Prohibits discriminatory hiring based on age with an exception for jobs where age is essential to job performance, amendment banned some mandatory retirement ages and increased others to 70

26th Amendment

Allowed 18-year-olds to vote

Individuals with Disabilities Education Act (1975)

Ensured that children with disabilities have the opportunity to receive an appropriate, free public education

Voting Rights Act of 1982

Requires states to create congressional districts with minority majorities to increase minority representation in House of Representatives

Americans with Disabilities Act of 1990

Requires businesses with >24 employees to make their offices accessible to disabled, requires wheelchair-accessible public transportation, new offices, hotels, and restaurants and development of wider telephone services for the hearing-impaired