U.S. Constitutional Rights: Bill of Rights, Due Process, and Gun Laws

1st Amendment

Freedom of Religion, Press, Speech, Assembly, and to Protest

Freedom of Religion

Congress shall make no laws respecting an establishment of religion (establishment clause) OR prohibiting the free exercise thereof.

Reynolds v. US (1879)

Issue: whether a Mormon could avoid conviction under federal anti-bigamy laws by claiming a religious exception. Ruling: neutral laws are not subject to religious exemptions.

McCollum v. Board of Education (1948)

Issue: whether using tax-supported property for religious teaching violated the establishment clause. Ruling: it did violate the establishment clause.

Engel v. Vitale (1962)

Issue: is school sponsored prayer unconstitutional? Ruling: it IS unconstitutional.

Lemon v. Kurtzman (1971)

Issue: does direct state aid to parochial schools violate the establishment clause? Ruling: yes, it IS unconstitutional.

Lemon Test

Any law passed by the states/feds had to have a secular purpose, could not advance nor inhibit religion, and avoid excessive entanglement between the state and religion.

Lee v. Weisman (1992)

Issue: does clergy-led prayer at graduation violate the establishment clause under the Lemon Test? Ruling: even voluntary prayers exert subtle coercion on students, and is therefore unconstitutional.

Zelman v. Simmons-Harris (2002)

Issue: do vouchers paid for with tax funds that benefit religious schools violate the establishment clause? Ruling: vouchers were constitutional because the funds flow through the parents' private choices and not directly to the schools.

Carson v. Makin (2022)

Issue: can states exclude religious schools from generally available funding programs? Ruling: states cannot exclude religious institutions from public benefits.

Kennedy v. Brennerton School District (2022)

Issue: did punishing the Kennedy's private prayer violate the free-exercise clause? Ruling: it did violate his rights because it was private.

Stone v. Graham (1980)

USSC held that a Kentucky law requiring the display of the 10 Commandments in schools was unconstitutional.

Freedom of Speech

It has never been absolute.

Restrictions on Freedom of Speech

As to time, place, and manner are (for the most part) constitutional due to the public's health, safety, and welfare.

Content-based Restrictions

Found to be generally unconstitutional; government can't tell you what to say or believe.

Schenck v. United States (1919)

Schenck was convicted of violating the Espionage Act for dropping leaflets urging Americans to refuse the draft.

Espionage Act

A law passed by Congress restricting any speech or conduct that was negative towards the military or country.

Clear and Present Danger

Laws can infringe on an individual's 1st Amendment rights if it involves a clear and present danger to others.

Brandenburg v. Ohio (1969)

Challenged law prohibiting language that encouraged crime; speech advocating illegal conduct is protected unless it incites imminent lawless action.

Symbolic Speech

Non-verbal communication that expresses ideas, which is protected under the 1st Amendment.

U.S. v. O'Brian (1968)

Court upheld the conviction of a man for burning draft cards, stating that laws regulating non-speech elements can justify limits on 1st Amendment protections.

Cohen v. California (1971)

Court held that wearing a shirt with profanity was protected speech, as it was not a direct personal insult.

Texas v. Johnson (1989)

Court ruled that flag-burning constitutes symbolic speech protected by the 1st Amendment.

Flag Protection Act

Congress passed this act making it a crime to burn the flag.

U.S. v. Eichman

Challenged the Flag Protection Act and found it unconstitutional.

2nd Amendment

The right to bear arms; states that a well-regulated militia is necessary for the security of a free state.

Militias

Refers to gun protections that were originally part of a national guard or militia.

US v. Cruikshank (1876)

Court ruled that the 2nd Amendment does not apply to individuals, only enforceable by Congress.

Enforcement Act of 1870

Made it a crime for an individual to deprive another individual's constitutional rights.

Presser v. Illinois (1886)

Court upheld Illinois law prohibiting unauthorized military organizations from parading with arms, stating the 2nd Amendment applies only to the federal government.

14th Amendment

Did not abridge the privileges or immunities of U.S. citizens according to the Court in Presser v. Illinois.

Imminent Lawless Action

Speech is not protected under the 1st Amendment if it is directed to inciting or producing imminent lawless action.

Governmental Interest

A sufficiently important reason that can justify limits on 1st Amendment protections when regulating non-speech elements.

Passive Speech

Speech that is not directly personal or face-to-face, such as wearing a shirt with profanity.

Dissenting Opinions

Vital part of the judicial process, providing alternative viewpoints in court rulings.

Conviction

A formal declaration that someone is guilty of a criminal offense.

National Firearms Act (1934)

Prohibited interstate transport of certain firearms targeting mobs.

Miller v. Texas (1939)

Court said the purpose of the second amendment was to render possible the effectiveness of a state militia.

District of Columbia v. Heller (2008)

Ruled that the 2nd Amendment guarantees all individuals the right to own a gun at home for self-defense.

McDonald v. City of Chicago (2010)

Court held that a provision of the Bill of Rights that protects a right that is fundamental applies equally to the federal and state governments.

Incorporation

Court incorporates the 2nd Amendment against the states through the 14th Amendment.

New York State Rifle and Pistol Association v. Bruen (2022)

Expanded the right from Heller to own a handgun in your home to public carry.

History and Tradition Test

Courts must evaluate gun laws using the text and history of the 2nd Amendment.

US v. Rahimi (2024)

Court said the history shows that the 2nd Amendment protects only law-abiding, responsible citizens, and NOT violent ones.

Due Process

Fairness by government towards an individual.

5th Amendment

No person shall be deprived of life, liberty, or property without due process of law.

14th Amendment

Nor shall any state deprive any person of life, liberty, or property without due process of law.

Procedural Due Process

Refers to the process the government must follow before it deprives a person of life, liberty, or property.

Substantive Due Process

Means that there are certain rights that are so fundamental that the government cannot infringe upon these rights unless there is a compelling reason.

4th Amendment

Due process demands that law enforcement officers must be able to prove that they have probable cause that a crime has been or is being committed.

Probable Cause

If law enforcement thinks that you've committed a crime, they must swear this under oath to obtain a warrant.

Reasonable Suspicion

Is NOT probable cause; it is less than probable cause.

Self-defense

The right to own and possess a firearm for self-defense is a fundamental right under the 2nd Amendment.

Bill of Rights

Protects individual rights and applies to both federal and state governments.

Constitutional Rights

Certain rights, though not explicitly stated in the Constitution, are fundamental.

Fundamental Rights

Rights that cannot be infringed upon by the government without a compelling reason.

Historical Context

Any restriction must have well-established similarity equivalent law in American history.

77 Year Period

Refers to the time from 1791 (2nd Amendment ratified) to 1868 (14th Amendment ratified).