Civil Rights and Civil Liberties

Civil Rights and Civil Liberties

ARTICLE III - The Judiciary

  • State vs. Federal Courts

  • Criminal vs. Civil Cases

  • Original vs. Appellate Jurisdiction

  • Supreme Court's Jurisdiction: Includes matters involving federal law and disputes between states; does not include matters where the Constitution provides no jurisdiction.

Treason (Article III Section 3)

  • Definition: "Levying war against them, or in adhering to their enemies, giving them aid and comfort."

  • Conviction requires: Testimony of two witnesses to the same overt act or confession in open court.

Federalist No. 78

  • Hamilton's View: Judiciary is the "least dangerous branch."

  • Responsibilities: Declare laws void if against the Constitution.

  • Judicial Independence: Necessary to uphold the Constitution; safeguarded by tenure and compensation.

  • Antifederalist Concerns: Opposed to judiciary setup fearing potential power imbalance.

Marbury v. Madison (1803)

  • Facts: Pertained to the appointment of justices.

  • Constitutional Provision and Question: Established the principle of judicial review.

  • Decision: Asserted the power of the Supreme Court to nullify legislation conflicting with the Constitution.

  • Reasoning: Necessary for a balanced government.

Establishment of Supreme Court’s Power

  • Integration of Article III, Federalist No. 78, and Marbury v. Madison creates a foundation for judicial power.

Definitions

  • Precedents

  • Stare Decisis: The obligation to follow historical cases when making a ruling.

  • Writ of Certiorari: An order by which a higher court reviews a case from a lower court.

  • Judicial Activism vs. Judicial Restraint: Approaches to judicial interpretation and the role of the courts.

  • Originalist vs. Living Constitution: Different views on constitutional interpretation.

  • Rule of 4: Requirement for four justices to agree to hear a case.

Civil Liberties and Civil Rights

  • Essential Questions: Addressing constitutionally protected freedoms and against discrimination.

The Bill of Rights and 14th Amendment

  • 14th Amendment: Contains Due Process and Equal Protection Clauses.

  • Due Process: Legal obligation to ensure fair treatment.

  • Equal Protection: Guarantees all individuals equal protection under the law.

Selective Incorporation/Incorporation Doctrine

  • Nationalization of the Bill of Rights through the 14th Amendment.

  • Prevents states from limiting fundamental freedoms.

First Amendment

  • Protects freedom of religion, speech, press, assembly, and petition.

Freedom of Religion

  • Establishment Clause: Prohibits government from favoring one religion.

  • Free Exercise Clause: Protects religious practices from government interference.

Engel v. Vitale (1962)

  • Facts: Concerned school-sponsored prayer.

  • Decision: Declared it unconstitutional; maintained secularism in schools.

Wisconsin v. Yoder (1972)

  • Facts: Addressed Amish children's education.

  • Decision: Protected religious freedom over state education requirements.

Free Speech Definitions

  • Prior Restraint: Government prohibition on speech before it is published.

  • Obscenity: Not protected; varies publically.

  • Symbolic Speech: Includes actions with intent to communicate.

Libel and Slander

  • Definitions:

    • Libel: Written defamation.

    • Slander: Spoken defamation.

  • Courts hold public figures to a high standard of accountability in such cases.

Key Court Cases

  • Tinker v. Des Moines (1969)

  • Schenck v. United States (1919)

  • New York Times Co. v. U.S. (1971)

  • McDonald v. City of Chicago (2010)

  • Gideon v. Wainwright (1963)

  • Roe v. Wade (1973)

  • Planned Parenthood v. Casey (1992)

Civil Rights Overview

  • Civil Rights: Protect against arbitrary treatment.

  • Government's response through court rulings and policies.

Significant Civil Rights Cases

  • Dred Scott v. Sanford (1857)

  • Brown v. Board of Education (1954)

    • Decision: Segregation in public schools is unconstitutional.

Follow Up Cases

  • Brown II (1955): Mandated desegregation with "all deliberate speed."

  • Griffin v. County School Board (1964): Emphasized the end of gradual desegregation policies.

Legal Terminology

  • De Facto: Segregation without legal requirement.

  • De Jure: Segregation mandated by law.

Letter From A Birmingham Jail

  • Written by MLK in response to clergy criticism; focused on civil disobedience and the urgency of civil rights.

Civil Rights Act of 1964

  • Prohibited discrimination in various areas including employment and public accommodations.

  • Established the Equal Employment Opportunity Commission.

Voting Rights Act of 1965

  • Aimed to eliminate barriers to voting for blacks.

  • Abolished literacy tests.

Civil Rights Argument Essay

  • Thesis supported by Constitution and court rulings.

  • Must engage with counterarguments effectively.

Women's Rights

  • Focus on the National Organization of Women and Title IX, which addresses gender discrimination in education.

LGBTQ+ Rights

  • Key events: Stonewall Riots, Obergefell v. Hodges (2015).

Affirmative Action

  • Policy aimed at compensating marginalized groups.

  • Controversy over the balance of equal opportunity versus equal results.