Unit 3: Civil Rights & Liberties

The First Amendment

The right to free speech, freedom of religion (Free Exercise Clause), freedom of the press, and the right to assemble and petition the Government

The Second Amendment

The right for all Americans to bear arms for their protection of themselves, property, and rights

The Third Amendment

Without the owner’s consent, no soldier is permitted to stay in a person’s house in a time of peace or war, and this cannot be changed by law

The Fourth Amendment

To permit a search or seizure, a warrant must be granted upon probable cause with specific details outlining the person or things to be seized

The Fifth Amendment

The right to Due Process of law, to be indicted by a grand jury and put on trial, the right to remain silent, and the protection from double jeopardy.

The Sixth Amendment

In all criminal prosecutions, the accused are entitled to a speedy and public trial that includes an impartial jury, nature and cause of the accusation, witnesses, counsel for defense, and confronting accusers.

The Seventh Amendment

This amendment guarantees the right to a jury trial in federal civil cases if the value in controversy exceeds $20.

The Eighth Amendment

Bans the use of excessive fines, bails, and cruel and unusual punishments that do not align with the severity of the crime.

The Ninth Amendment

The clear mention of some rights in the Constitution (primarily the Bill of Rights) does not undermine the protection of value of any other innate rights.

Civil Rights

Any right that allows someone to be free from unequal treatment

Civil Liberties

Rights guaranteed by the Bill of Rights and U.S. Constitution

Article 1, section 9 protections

Writ of habeas ccorpus, ex post facto laws, bills of attainder

The Bill of Rights & States

Articles 1-9 in the Constitution that outlines the rights of individuals, and article 10 that protects states from the federal government

The Fourteenth Amendment

The amendment that applies the Bill of Rights to the states through total or selective incorporation (incrementalism) that also harbors the Equal Protections Clause

Equal Protections Clause

This clause prohibits states from denying any person within their jurisdiction "equal protection of the laws," meaning they must treat similarly situated individuals or groups equally under the law

Free Speech Test

This right of the First Amendment is granted or denied protection based on imminent lawless action

The Establishment Clause (Engel v. Vitale)

This portion of the First Amendment says that the government cannot establish or favor a specific religion (separation of church & state) (accomodationist & separationalist view)

The Free Exercise Clause (Wisconsin v. Yoder)

This portion of the freedom of religion says that everyone is allowed to practice any religion that they choose

Exclusionary Rule

A rule from the Fourth Amendment that states if evidence is obtained from an unconstitutional search, it cannot be presented in court

Death Penalty

Part of the no “cruel and unusual punishment” clause from the 8th Amendment that was outlawed for minors, the mentally handicapped, and non-homicide cases

Strict Scrutiny

When the courts need to check for compelling government interest

13th Amendment

Amendment to the United States Constitution, ratified in 1865, abolished slavery and involuntary servitude, except as punishment for a crime

14th Amendment

Amendment that grants citizenship to all persons born or naturalized in the U.S. and ensures equal protection under the law, prohibiting states from denying any person due process or equal protection.

15th Amendment

Amendment that prohibits the denial of the right to vote based on race, color, or previous condition of servitude

19th Amendment

Amendment that prevents the discrimination to vote based on sex

Civil Rights Act of 1964

anti-discrimination law for protected classes

Title 1 of CRA

Blocked unequal voter registration requirements

Title 2 of CRA

Made it so it is a federal offense to discriminate against customers in a place of public accomodation

Title 7 of CRA

Equal Employment Opportunity Commission location

The Voting Rights Act of 1965

An act that made it so states with a history of disenfranchising POC must have any changes to voting process approved prior to enactment (struck down in 2013)

Affirmative Action

policies and practices that seek to improve opportunities for historically underrepresented groups, particularly in education and employment

Non-Citizen Rights

14th Amendment purpose applies to all citizens or strangers in US

Americans with Disabilities Act of 1990

Employers must make reasonable accommodations, and employers cannot discriminate

McDonald v Chicago (2010)

Supreme Court case that implemented the 2nd Amendment into states claiming individual self-defense is a basic right

Schenk v. United States (1919)

The Supreme Court case that determined that clear and present danger is not protected by the first amendment: upheld the Espionage Act of 1917’s criminalization of speech

Tinker v. Des Moines (1969)

Supreme Court case that ruled students retain their constitutional right to free speech in public school, unless the speech/actions are imminently dangerous or disruptive to learning

Engel v. Vitale (1962)

Supreme Court case decided that reciting prayer in public school violates the Establishment Clause because there is not a clear separation of church and state

Wisconsin v. Yoder (1972)

Supreme Court case that determined government must have compelling interest to decide when religious freedoms undermine governmental priority (Amish kids)

New York Times v. United States (1971)

Supreme Court case that ruled the press can publicize classified government information if it does not pose a national security threat

Gideon v. Wainwright (1963)

Supreme Court case that decided the Right to Counsel in felony criminal cases regardless of circumstances after reasoning that since the gov. spends so much money proving innocence/guilt, it must be necessary

Brown v. Board of Education (1954)

Supreme Court cases that desegregated schools after reasoning that separated edu. facilities were substantially unequal