Studied by 11 people
civil liberties
limitations of government power that are designed to protect freedoms
civil rights
constitutional guarantees that the government will treat people equally, regardless of whether they belong to a protected class (race, gender, religion, ethnic origin, etc)
bill of rights
created to intentionally limit the power of the federal government and protect individual rights and liberties
compromise between feds and anti-feds
supremacy clause
the constitution and its amendments MUST be upheld over state law
trials over civil law thus occur in the Supreme Court with any discrepancies between state and fed. law
selective incorporation
process of implying the protections of the Bill of Rights into state law. ensures that states can’t pass legislation that violates our Constitutional rights and liberties
based on the Due Process Clause
states cannot pass a law that violates Constitutional rights
the same rights may not be explicitly stated in a state’s constitution, but they’re implicitly assumed
free-exercise clause
the government cannot interfere with an individual’s religion or its practices
ex. Wisconsin v. Yoder
limitations include polygamy, drug use, etc
Wisconsin v. Yoder
forcing Amish students to attend school past the eighth grade violates the free exercise clause
establishment clause
“congress shall make no law respecting an establishment of religion”
thus, the US can never have a national religion
promotes the separation of church and state - not specifically stated in the Constitution, idea came from the Establishment clause
ex. Engel v. Vitale
Engel v. Vitale
declared school sponsorship of religious activities violates the establishment clause
Student-led prayer okay because it is not affiliated with government sponsorship
lemon test
a test established in Lemon v. Kurtzman (1971) to determine if a law violates the Establishment Clause
the law violates the clause unless it:
has a legitimate secular purpose
does not advance or inhibit religion
does not have “excessive entanglement” with religion
although individuals may believe whatever they want, the government may limit actions that break secular laws if there is a compelling government interest at stake
freedom of expression
freedom to speech and nonverbal symbolic speech
clear and present danger
government can only restrict/ punish speech that incites lawless action
ex. Schenck v. US
Schenck v. US
government can punish speech likely to bring about evils that Congress has a right to prevent (anti-war sentiment)
direct incitement
government can only restrict speech when it’s likely to result in imminent lawless action
clear and present danger is now determined by this
symbolic speech
nonverbal forms of speech (signs, symbolic protest)
supported by Tinker v. Des Moines, allowing students to wear armbands in protest of the Vietnam War
hate speech
written or spoken speech that degrades a group based on its characteristics
first amendment: freedom of press
right to publish/ disperse info and opinions without government censorship
-ex. NYT Co. v. US
New York Times Co. v. US
the US government attempted to stop NYT from publishing excerpts of the Pentagon Papers, containing top-secret info of U.S. military action in Vietnam
SCOTUS ruled that the government’s attempts to stop publication violated the first amendment
Publishing a history of the war did not pose an immediate national security threat
prior restraint
government censorship by preventing publication or speech BEFORE it takes place
typically courts will declare unconstitutional, a “heavy presumption against prior restraint”
second amendment: right to bear arms
SCOTUS decisions rest on how it interprets “individual liberty”
ex. McDonald v. Chicago and Heller v. DC - in both cases, SCOTUS struck down laws that restricted gun ownership
gun control legislation gave the government too much power
selective incorporation (McDonald v. Chicago)
Constitutional rights don’t automatically apply to state and local governments, thus states must apply it to state law but cannot pass laws that violate constitutional rights
Due Process Clause
the legal requirement that an individual’s rights must be respected by a state of government, protected at the federal level by the 5th amendment and at state level by the 14th amendment
14th amendment
all people born or naturalized in the US are citizens of the US and the state they reside in
explicitly guaranteed selective incorporation
before this amendment, protections were only guaranteed on a federal level
Gideon v. Wainwright
right to counsel included at state level cases
cases tend to favor federal govt over states
Miranda Warning
law enforcement officers are required to inform a person subject to an interrogation of their right not to incriminate themselves under the 5th and 6th amendments
created after the decision in Miranda v. Arizona
Miranda v. Arizona
States must recognize right to remain silent & to attorney during interrogation per Fifth Amendment.
public safety exemption (miranda right)
if a public safety issue exists, an unwarned interrogation may be performed and it can stand as evidence in court
rights of the accused under the 6th amendment
right to an attorney
right to an impartial jury
right to a speedy and public trial
exclusionary principle
evidence found illegally during an illegal search and seizure can’t be used against a defendant during their trial
patriot act
the government’s monitoring of private data and communication, even without warrant
right to privacy
right to be “left alone” or free from government scrutiny in one’s beliefs and behaviors
first appears in case Griswald v. Connecticut
Griswald v. Connecticut
Struck down CT state law banning use of contraceptives. (7-2)
Initially only covered married couples - subsequent case extended right in 1972.
Majority Opinion: Justice William O. Douglas
“The foregoing cases suggest that specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance”
“In reaching the conclusion that the right of marital privacy is protected, as being within the protected penumbra of specific guarantees of the Bill of Rights”
penumbra of privacy
“partial shadow” - several amendments cast as “shadow” on the right to privacy, even if not explicitly stated
includes 1.3,4,5,9, and 14th amendments
Roe v. Wade (1973)
Roe (pseudonym used by Norma McCorvey) sues Henry Wade (DA Dallas Co., TX) over state law banning abortion.
Suit based on ‘right to privacy; 1st, 4th, 5th, 9th amendments.
Court decided 7-2 in Roe’s favor
Abortion made legal nationwide
Ruling argued that state laws banning abortion violated right to privacy via due process clause of 14th Amendment.
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law”
Dobbs v. Jackson Women’s Health (2021)
overturned Roe v. Wade (6-3)
Suit originated from MS abortion provider against a state law banning abortions after 15 weeks.
Majority opinion: Abortion never mentioned in constitution therefore not protected at Federal level.
Also stated that its status as a “right” was not deeply rooted in country’s history
“letter from Birmingham Jail”
written by MLK while in jail for protesting segregation as an open letter to members of the clergy throughout the US
specifically notes his desire to incorporate nonviolent civil disobedience/ protest to combat Southern segregation
civil rights act of 1964
prohibits segregation of public facilities, and discrimination on the basis of race, color, sex, religion, or national origin
Equal Employment Opportunity Commission enforces these provisions
title IX
protects against discrimination on the basis of sex
voting rights act of 1965
legislation that prevented discrimination in voting, particularly for African-Americans
end of poll tax and other restrictions
Brown v. Board of Education
racial segregation in schools violated the 14th amendment’s equal protection clause
overturned Plessy v. Ferguson which said racial discrimination was legal as long as facilities were “separate but equal”
affirmative action
efforts to improve opportunities for underrepresented or disadvantaged groups, especially those in relation to employment or education
may create requirements for percentages of employment or enrollment for minorities
“colorblind” constitution
the Constitution protects citizens of all races equally (equal protection clause), and that additional measures such as affirmative action are unnecessary
Note 
Flashcard (35)