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civil rights
protections against unequal treatment
civil liberties
basic protections that are given to everyone (usually in the Bill of Rights)
free exercise clause
Congress shall make no law restricting free exercise of religion
Wisconsin v Yoder
Facts: Wisconsin law forced Amish students to attend school passed 8th grade
Constitutional Clause: free exercise clause of 1st amendent
Outcome: free exercise of the Amish outweighed the benefit gained by the state
establishment clause
Congress shall make no law respecting an establishment of religion (wall of separation between church and state)
Engel v Vitale
Facts: NY state gov created a prayer to be read each day in public schools
Constitutional Clause: establishment clause of 1st amendment
Outcome: a gov written prayer violates the separation of church and state (establishment clause)
freedom of speech
political speech is given a very high degree of freedom
clear and present danger doctrine
Tinker v Des Moines
Facts: students wore black arm bands as a way to protest Vietnam War
Constitutional Clause: freedom of speech in 1st amendment
Outcome: the speech must cause a material and substantial disruption to school function
seditious speech
leading to an attempt to overthrow the government
slander/libel
knowingly lying to cause hard to a person’s reputation
New York Times v US (Pentagon Papers)
Facts: NYT and WashPost tried to publish top secret documents and the Nixon administration tried to stop them
Constitutional Clause: freedom of press in 1st amendment
Outcome: prior restraint can only be used if there is an immediate and substantial harm to national security
2nd amendment
well regulated militia + right to bear arms
McDonald v Chicago
Facts: involved a handgun ban in Chicago
Constitutional Clause: 2nd amendment applied to states through due process clause
Outcome: self defense + right to bear arms= fundamental liberty
4th amendment
protects against unreasonable searches and seizures
probable clause
to receive a search warrant
reasonable suspicion
lower standard for searches outside of a person’s home/business (eg. traffic stops)
exclusionary rule
unconstitutionally seized evidence cannot be used in court
5th amendment
protection against self-incrimination (Miranda Rights)
6th amendment
right to a lawyer
Gideon v Wainwright
Facts: someone accused of a crime did not have a lawyer
Constitutional Clause: the 6th amendment was applied to the states through the due process clause of 14th amendment
Outcome: right to a lawyer=fundamental liberty
8th amendment
protects against excessive bail, fines, and cruel and unusual punishment
cash bail + capital punishment are both issues that are controversial
9th amendment
people have rights even if they are not listed in the Constitution (right to privacy)
roe v wade
Facts: Texas law prohibited a woman from getting an abortion
Constitutional Clause: right to privacy was linked to the right to an abortion
Outcome: applied to the states through the due process clause
overturned by Dobbs v Jackson Women’s Health Organization
10th amendment
powers not delegated to the national government, nor denied to the states, are given to the states
14th amendment
defines natural born citizen
due process clause
no state shall deprive any person or life, liberty, or property without due process of law
equal protection clause
no state shall deny any person within its jurisdiction the equal protection of its laws
selective incorporation
the process used by the Supreme Court to apply the Bill of Rights to the states (involves Due Process and Equal Protection)
15th amendment
gave Black males the right to vote
17th amendment
voters directly elect senators
19th amendment
gave women the right to vote
23rd amendment
gave DC 3 electoral votes
24th amendment
eliminated the poll tax in national elections
26th amendment
18 year olds get the right to vote
Voting Rights Act
outlawed racial discrimination in voting
preclearance was recently overturned which has given rise to voter suppression
de jure segregation
done through law or policy (Jim Crow Laws)
Plessy v Ferguson
Facts: seperate facilities
Constitutional Clause: did not violate Equal Protection Clause
Outcome: created seperate but equal
Brown v Board of Education
Facts: a girl attempted to go to a school for white children
Constitutional Clause: violation of Equal Protection Clause
Outcome: overturned separate but equal
affirmative action
programs used by government institutions or businesses to help women and minority groups in the areas of education and employment
set-asides
a government contract that reserves part of that contract for women and minority-owned businesses (unconstitutional)
equal pay act
requires equal pay for similar work
civil rights act of 1964
title vii outlawed sex discrimination in hiring, firing, or pay related issues
poison pill
sex was added to civil rights act of 1964 in attempts to kill the bill
title ix: higher education act
outlawed discrimination based on sex in educational programming
equal rights amendment
equality of rights should not be discriminated based on sex
strict scrutiny
distinctions based on race are only constitutional if there is a compelling state interest (almost impossible to prove)
skeptical scrutiny
distinctions based on gender must be based on exceedingly persuasive justification (more difficult than rational basis test, but easier than race)
Americans with Disabilities Act
prohibits discrimination against people with disabilities
Obergefell v Hodges
Facts: wanted to marry same sex couple
Constitutional Clause: due process clause
Outcome: legalized same sex marriage
Bostick v Clayton County
Facts: protection against discrimination based on sexual orientation
Constitutional Clause: Civil Rights Act
Outcome: LGBTQ+ members are protected from discrimination
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