Comprehensive U.S. Constitution and Civil Rights Key Amendments and Cases

Bill of Rights

Amendments 1-10

First Amendment - Freedoms

Freedoms, Petitions, Assembly

Second Amendment

Right to bear arms

Third Amendment

Quartering of soldiers

Fourth Amendment

Search and arrest

Fifth Amendment

Rights in criminal cases

Sixth Amendment

Right to a fair trial

Seventh Amendment

Rights in civil cases

Eighth Amendment

Bail, fines, punishment

Ninth Amendment

Rights retained by the People

Tenth Amendment

States' rights

Civil rights

Protections from discrimination

Civil liberties

Fundamental rights prevented from infringement of the government.

First Amendment - Religion

Religion

Free exercise clause

Protects American's right to freely practice their religion

Establishment clause

Forbids U.S. gov't from establishing/endorsing a specific religion; preventing favoritism between religions

Engel v. Vitale

Prayer violates 1st amendment; states can't hold prayer in public schools, even tho participation unrequired/untied to a particular religion; establishment clause of 1st amendment

Wisconsin v. Yoder

Amish cannot be forced to send kids beyond 8th grade into public schools b/c they place significant burden on religious life; free exercise clause of 1st amendment

Lemon test

Determines whether a law violates the establishment clause of the 1st amendment

Pure speech

Direct verbal or written communication of ideas which are held under the highest level of protection under the 1st amendment

Symbolic speech

Non-verbal actions which express an idea/message protected under the 1st amendment

Obscene speech

Offensive, lewd, sexual speech unprotected by the 1st amendment

Slander

False, malicious, damaging statements about someone's reputation to a third party; unprotected

Fighting words

Abusive epithets or verbal insults which provoke violent action, unprotected by the 1st amendment

True threats

Serious expressions of intent to commit an act of unlawful violence against an individual(s)

Time, place, and manner restrictions

Limitations gov't can impose on expressive activities such as protests or speeches to regulate when, where, and how they happen

Prior restraint

Judicial suppression of material to be published/broadcasted that might be harmful; limited by the 1st amendment to the gov't

Schenck v. U.S.

Clear/present danger test; restricts speech if clearly dangerous

New York Times v. U.S.

Gov't cannot prevent publication as long as there is no grave/immediate danger which risk national security

Tinker v. Des Moines

Students do have free speech in school as long as there are no disruptions caused by speech (black wristband)

Texas v. Johnson

Burning flag as symbolic speech is protected despite being highly offensive

Selective incorporation

U.S. Supreme Court applying fundamental rights from B.O.R. to state gov'ts using the 14th amendment's due process clause

D.C. v. Heller

Banning handguns violated 2nd amendment, but special case b/c DC is governed as a federal entity

McDonald v. Chicago

States cannot ban handguns by the 2nd amendment

Mapp v. Ohio

Illegally obtained evidence cannot be used in court against defendant (exclusionary rule)

Terry v. Ohio

Police can stop if there is a clear danger even w/o a warrant

New Jersey v. TLO

Search warrants in schools are not necessary as long as there is reasonable suspicion

Miranda v. Arizona

Police HAVE to give Miranda Warnings

Gideon v. Wainwright

States need to provide an attorney to defendants who cannot afford one

Cruel and unusual punishment

Harsh punishment that hurts or against certain groups of people (juveniles, loss of sanity)

Furman v. Georgia

Court exhibited executions, but reinstated 4 years later in Grogg V. Georgia

Ford v. Wainwright

Execution of a prisoner who has lost their sanity is against the 8th amendment

Roper v. Simmons

Struck down juvenile death penalty; rules that evolving societal standards consider it cruel/unusual punishment

Rational basis

1st level of scrutiny, must have a rational relationship between the law and a legitimate government interest

Intermediate scrutiny

2nd level of scrutiny, used if law interferes with, but does not substantially interfere w/ a right

Strict scrutiny

3rd level of scrutiny, the highest standard, and used mainly for laws which classify people based on race, national origin, or citizenship status

Griswold v. Connecticut

Struck down state law banning contraception to allow for people to get medical advice w/o gov't interference

Roe v. Wade

Protected abortion as a fundamental right as a right to privacy in the 14th amendment

Dobbs v. Jackson Women's Health Organization

Restricted abortion rights in 21 different states to being unable to abort after 15 weeks of gestational age

De jure segregation

Legalized segregation of black/white people, present in almost all aspects of South life during Jim Crow

De facto segregation

Segregation by custom/tradition: minorities forced to follow "unwritten" rules or being denied housing, employment, or service b/c of race

Plessy v. Ferguson

Created "separate but equal" doctrine, and justified segregation

Brown v. Board of Education

Ended the doctrine of "separate but equal", reverting Plessy v. Ferguson

Pearsall Plan

Excused students from attendance requirements if they were assigned against their wishes to an integrated school

Civil Rights Act

Prevented discrimination in federally assisted programs, established commission on equal employment opportunity

Voting Rights Act

Act to prevent voting discrimination in general (race, gender, sexuality, etc)

Letter from Birmingham Jail

MLK letter speaking on how segregation must end, and justifying his peaceful protests for freedom

Heart of Atlanta Motel v. U.S.

Ruling that Congress could prohibit racial discrimination in public accommodations

Title IX

Prohibits sex-based discrimination in any education program or activity receiving federal funding

Americans with Disabilities Act (ADA)

Prohibits discrimination against people with disabilities in all areas of public life

Obergefell v. Hodges

Recognize the marriages of same-sex couples on the same terms and conditions as the marriages of opposite-sex couples

Affirmative action

A set of policies aiming to increase opportunities for groups historically discriminated against

Regents v. Bakke

Quotas may not be used to reserve places for minority applicants if white applicants are denied a chance to compete

Grutter v. Bollinger

Upheld the constitutionality of race-conscious admissions policies designed to promote diversity in higher education

Students for Fair Admissions v. Harvard

Race-based admissions adopted by both Harvard University and UNC were unconstitutional under the Equal Protection Clause