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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 legalInvevitable 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 programsProhibited discrimination in hiring based on race or genderRequired government to cut funding for any program that did not follow the lawGave 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 <50% of the population was registered to vote to register voters
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
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Flashcard (25)