U.S. Constitution, Civil Liberties, and Rights: Key Amendments and Supreme Court Cases

Bill of Rights

Name for the first 10 Amendments

Civil Liberties

Protections against the government

Civil Rights

Positive acts of government that seek to make constitutional guarantees a reality for all people

14th Amendment - Due Process Clause

Amendment and clause that extend the Bill of Rights to the states

Gitlow v. New York (1925)

Case that established incorporation of the Bill of Rights and Due Process Clause

Blaine Amendment

Proposed amendment that would've prohibited the state from funding religious schools

Establishment Clause

Government cannot establish, endorse, or favor any religion

Free Exercise Clause

People are free to practice any religion they choose

Lemon Test

Three parts of the Lemon Test: 1. Aid to religious schools must be for a secular purpose. 2. Aid to religious schools must not advance, nor may it inhibit any specific religion. 3. Aid to religious schools must not create an excessive entanglement between church and state.

Libel

False and malicious use of printed or written words

Slander

False and malicious use of spoken words

New York Times v. Sullivan (1964)

Case about public figures and false statements

Sedition

The crime of attempting to overthrow the government by force or to disrupt its lawful activities by violent acts

Smith Act (1940)

An Act making it illegal to advocate violent overthrow of the government

Symbolic speech

Acts of dissent in certain circumstances not protected by the 1st Amendment

Flag burning

Protected by the 1st Amendment (True/False) → True

Prior restraint

The idea that government can curb ideas before they are expressed.

Federal Communications Commission (FCC)

Agency that regulates radio and TV speech.

Petition

To bring views attention of public officials by such varied means as written petitions, letters, advertisements, lobbying, and parades/marches.

Petitions not protected

Civil disobedience, violent protests, blocking roads, closing schools.

How the government can restrict a peaceful protest

Regulate time, place, and manner.

Due Process

Government must act fairly and follow established laws and procedures.

Procedural Due Process

The government must act fairly and in accord with established rules in all that it does.

Substantive Due Process

Government must make fair laws and policies.

Police Power

The authority of each state to act to protect and promote the public health, safety morals and general welfare.

Restriction on police power

Cannot violate the Due Process Clause.

13th Amendment

Amendment that abolished slavery.

2nd Amendment

Right to keep and bear arms.

3rd Amendment

Government cannot force citizens to quarter soldiers in their homes.

Search warrants require

Probable cause.

Probable Cause

Reasonable suspicion of a crime.

Exclusionary Rule

Evidence gained as the result of an illegal act by police cannot be used at the trial of the person from whom it was seized.

Right to Privacy

Right to be free from unwanted government intrusion into personal life.

Writ of Habeas Corpus

A Court order which prevents unjust arrests and imprisonment.

Ex Post Facto Law

Law applied to an act that is committed before the passage of that law.

Ex Post Facto Laws allowed (True/False)

False.

Grand Jury

The formal device by which a person can be accused of a crime or a serious crime.

Tried twice for the same crime (Double Jeopardy)

Not allowed (5th Amendment).

6th Amendment

Amendment guaranteeing a speedy trial.

Miranda Rights

Case that established that people must be read their rights (Miranda v. Arizona, 1966).

Definition of an American Citizen

One who owes allegiance to the U.S. and is entitled to its protections and privileges.

Two ways to gain U.S. citizenship

Birth or Naturalization.

14th Amendment

Amendment featuring the Equal Protection Clause.

Civil Rights Act of 1964 (Title VII/Title IX)

Law forbidding discrimination based on gender.

Three prongs to the Lemon Test

1. Aid to a parochial school must be for a secular purpose only. 2. Aid to a parochial school must be neutral on religion. 3. Aid to a parochial school must not foster an excessive entanglement of church and state.

Clause applying rights to the states

14th Amendment Due Process Clause.