The Supreme Court and the Bill of Rights

What is the Bill of Rights?

The first ten amendments in the Constitution

What are the main tensions between the scope of civil rights?

• Tensions between those who wish the court to focus on protecting individual rights against those who emphasis the balance between those and collective rights

• Between those who advocate for negative freedoms between those who argue rights who advocate for equity

• Liberals often have a broader definitions of civil rights than conservatives

What key cases have upheld the 2nd Amendment?

• DC v Heller 2008 - guaranteed individual gun ownership rights. There’s a right for individuals to possess and carry weapons for self-defence

• McDonald v City of Chicago 2010 extended the rights in Heller nationally

• The Biden Administration passed the Bipartisan Safer Communities Act 2022 made small levels of gun restrictions possible

• Garland v Cargill 2024 made the banning of bump stocks (rapid fore) unconstitutional to ban - clearly the court strongly defending the 2nd Amendment

What key cases have upheld the 1st Amendment (freedom of religion)?

• The constitution states that Congress can’t establish a state church or restrict individual freedoms of expressing religion

• Zelman v Simmons-Harris 2002 - Court upheld an Ohio state programme giving financial aid to parents if they chose to send their child to a religious school. Thus state money could be funding a religious school - is this to close to a state church.

• Burwell v Hobby Lobby Stores Inc 2010 - court overturned the Affordable Care Act 2010 that family owned firms had to pay for health insurance coverage for contraception as this violated their religious beliefs of some Christians-runs companies

• Kennedy v Bremerton School District 2022 - 6-3 decision ruled in favour of Kennedy stating that Kennedy was in his rights to privately worship even though there were pictures of him worshipping with the football team (seemed like a state church).

What key cases have upheld the 1st Amendment (freedom of speech)?

• McConnel v FECA 2004 - Upheld federal law banning soft money in election campaigns, stating that this ban did not violate freedom of speech

• Citizens United v FEC 2010 - ruled that business and labour unions have the same rights as individuals when it comes to political speech

What is the Supreme Court’s role in controlling Presidential power?

• Rasul v Bush 2004 - court struck down some of the laws in relation to detaining suspect in Guantanamo Bay the court ruled that foreign detainees didn’t have access to US federal courts challenge their detention

• Justice O’Conner stated that war does not give the President a blank cheque - is this better oversight than Congress?