Module 4 American POlitics

What are the bill of rights?

the first 10 amendments to the U.S. Constitution (ratified 1791)

How many amendments does it consist of?

10

Who/what does it restrict?

Purpose: limit government power

Originally: only restricted the federal government

How did the 14th amendment change what it actually restricts?

applies to state and local governments too

What is the establishment clause? how dies it compare to the free exercise clause?

Establishment Clause

• Government cannot create or support an official religion

• Idea: “separation of church and state”

Free Exercise Clause

• Government must allow people to practice religion freely

Difference

• Establishment = government stays neutral

• Free exercise = people have freedom to practice

What are some examples in U.S. history of government over-extending its ability to restrict speech?  What are some examples of “unprotected” speech?   When have laws that regulate speech gone too far?   Other than religion and speech, what are the other rights found in the First Amendment?

Speech Examples of government overreach

• Alien and Sedition Acts (1798)

• WWI protest crackdowns

• McCarthyism (Red Scare)

Unprotected speech

• Libel / slander (false statements that harm reputation)

• Obscenity / prnography

• Commercial fraud

• Incitement / fighting words

When speech laws go too far

• Prior restraint (stopping speech before it happens)

• Vague or overly broad laws

• Limits on political speech

Other 1st Amendment rights

• Freedom of press

• Freedom of assembly

• Right to petition the government

What is the 2^nd Amendment? How has it historically been interpreted by the Courts?

• “Right to keep and bear arms”

Court interpretations

• U.S. v. Miller (1939) → tied to militia

• D.C. v. Heller (2008) → individual right to own guns

What does the Fourth Amendment prohibit?  What is the “exclusionary rule?”

• Protects against unreasonable searches and seizures

• Requires probable cause + warrants

Exclusionary Rule

• Illegally obtained evidence cannot be used in court

What is the Fifth Amendment?  What is "due process?"

• No self-incrimination

• Guarantees due process

Due Process

• Government must follow fair legal procedures

What is the Sixth Amendment? 

• Right to:

  • Speedy trial

  • Public trial

  • Lawyer

What is the 8th Amendment?

No cruel and unusual punishment

What are “Miranda Rights?”

• Police must inform you of:

  • Right to remain silent

  • Right to an attorney

What does the 14^th Amendment prohibit?

• Guarantees equal protection under the law

• Prevents government discrimination

What were “Jim Crow Laws?”

Laws enforcing racial segregation after the Civil War

What is the significance of the case Plessy v. Ferguson? 

• Said segregation is OK if facilities are equal

• Created “separate but equal” doctrine

What is the “separate but equal” doctrine? 

The idea that segregation is constitutional as long as separate facilities are equal

What is the significance of the case Brown v. Board of Education?

• Overturned Plessy

• Ruled segregation = discrimination

• Violates 14th Amendment

What is the Civil Rights Act of 1964?  What exactly does it prohibit?

• Bans discrimination in:

  • Public accommodations (restaurants, hotels, etc.)

  • Employment

  • Housing

• Based on:

  • Race

  • Religion

  • National origin

  • Gender