Stone AP Gov Chapter 8 Civil Liberties

In Federalist No. 84

Hamilton argues that the preamble and specific clauses of the Constitution show that individual rights are preserved therefore a listing of rights is unnecessary as a separate section.

Bill of Rights

First 10 amendments to the Constitution that contain individual liberties that the federal government cannot violate

civil liberties

individual freedoms guaranteed in the Bill of Rights that the federal government cannot violate

selective incorporation

gradual application of individual liberties within the Bill of Rights to the states by the Supreme Court

First Amendment

5 freedoms: speech, press, religion, assembly, petition

Religion clauses of 1st Amendment

Free exercise clause (right to practice religion) and Establishment clause (government may not promote or be hostile toward religion)

Engle v. Vitale (1962)

Mandatory prayer in schools is a violation of the establishment clause

Wisconsin v. Yoder (1972)

Compelling Amish students to attend school past the eighth grade violates the free exercise clause

Expression clauses of 1st Amendment

right of speech, petition, assembly

libel

False and malicious use of printed words are not protected by 1st Amendment freedom of speech

slander

False charges and malicious oral statements about someone are not protected by 1st Amendment freedom of speech

Schenk v. US 1919

Court ruled that government may not ban speech unless it poses an imminent threat to society.

Established the "clear and present danger" test

Tinker v. Des Moines (1969)

Student political protest that does not disrupt the educational process is protected free speech

NY Times v. US 1971

Limits prior restraint (censorship) of the press because of 1st Amendment freedom of press

Texas v. Johnson 1989

Johnson burned American flag as protest against Reagan - this is protected by 1st Amendment when political expression does not cause imminent danger

symbolic speech

Nonverbal political communication, such as burning a flag (protected) or burning a draft card (not protected).

2nd Amendment

Right to keep and bear arms

McDonald v. Chicago (2010)

The Court held that the right of an individual to "keep and bear arms" protected by the 2nd Amendment applies to the states.

4th Amendment

Freedom from unreasonable searches and seizures

Mapp v. Ohio 1961

Court decided that evidence obtained in violation of the 4th Amendment, may not be used in court (the exclusionary rule)

Considered a fundamental right and incorporated against the states through due process clause of 14th Amendment.

5th Amendment

right to be free from self-incrimination and double jeopardy; Eminent Domain

6th Amendment

The right to a speedy trial by jury, and representation by an attorney

Gideon v. Wainwright 1963

ruled that state courts are required under the 6th Amendment of the Constitution to provide counsel in criminal cases for defendants unable to afford their own attorneys.

Miranda v. Arizona 1966

criminal suspects must be informed of their right to an attorney (6th Amendment) and of their right against self-incrimination (5th Amendment) prior to questioning by police.

8th Amendment

protects from cruel and unusual punishment

9th Amendment

Citizens are entitled to rights not listed in the Constitution

Griswold v. Connecticut 1968

The case involved a Connecticut law that prohibited the use of contraceptives. By a vote of 7-2, the Supreme Court invalidated the law on the grounds that it violated an implied right to privacy in the 9th Amendment.

Roe v. Wade 1973

The court legalized abortion by ruling that state laws could not restrict it during the first 3 months of pregnancy.

Based on right to privacy implied in 9th Amendment in the Bill of Rights.

Habeas Corpus

a writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention.

14th Amendment

contains due process, equal protection and citizenship clauses

Due process clause is the means by which the Supreme Court incorporates rights in the Bill of Rights to states

DC v. Heller (2008)

Struck down a Washington DC ordinance that banned handguns 2nd Amendment

Gregg v. Georgia (1976)

Established that the death penalty does not necessarily violate the Constitution 8th Amendment protection against "cruel and unusual" punishment

Dobbs v. Jackson's Women's Health (2022)

The constitution does not confer a right to an abortion. Roe v. Wade is overturned and abortion laws are now determined by the states