Bill of Rights, Civil Rights, and Legal Cases Overview

Bill of Rights (First 10 Amendments) – Protecting Civil Liberties

• 1st Amendment: Protects five freedoms:

  • Speech: Free expression without government restriction.

  • Religion: Includes.

  • Establishment Clause: Prohibits the government from establishing a national religion.

  • Free Exercise Clause: Protects individuals’ rights to practice their religion freely.

  • Press: Freedom to publish without governmental censorship.

  • Assembly: Right to gather peacefully.

  • Petition: Right to appeal to the government.

• 2nd Amendment: Right to bear arms; individual right to possess firearms.

• 3rd Amendment: Prohibits the quartering of troops in private homes during peacetime.

• 4th Amendment: Protects against unreasonable searches and seizures; warrants require probable cause.

• 5th Amendment: Protects against self-incrimination and double jeopardy; guarantees due process and limits eminent domain.

• 6th Amendment: Right to a speedy and public trial, legal counsel, and an impartial jury.

• 7th Amendment: Right to a jury trial in civil cases (lawsuits).

• 8th Amendment: Prohibits cruel and unusual punishment; restricts excessive bail and fines.

• 9th Amendment: Affirms that rights not explicitly listed still exist (e.g., right to privacy).

• 10th Amendment: Reserves powers not delegated to the federal government to the states or the people.

Reconstruction Amendments (Civil Rights Focus)

• 13th Amendment: Abolished slavery throughout the United States.

• 14th Amendment: Defines citizenship, contains the Due Process Clause (applies the Bill of Rights to states), and the Equal Protection Clause (ensures equal treatment under the law).

• 15th Amendment: Prohibits denying voting rights based on race or color.

Other Key Civil Rights & Voting Amendments

• 19th Amendment: Grants women the right to vote.

• 24th Amendment: Eliminates poll taxes, which were used to suppress minority voters.

• 26th Amendment: Lowers voting age to 18, influenced by Vietnam War protests.

Importance of These Amendments in AP Gov Unit 3

• Civil Liberties: Importance of the 1st, 4th, 5th, 6th, 8th, and 9th Amendments in protecting individual freedoms.

• Selective Incorporation: Applies the Bill of Rights to the states via the 14th Amendment’s Due Process Clause.

• Civil Rights: The 13th, 14th, 15th, 19th, and 24th Amendments combat discrimination.

• Federalism & States' Rights: The 10th Amendment limits federal authority.

Court Cases Illustrating Key Rights

1st Amendment – Freedom of Speech and Expression

• Tinker v. Des Moines (1969):

  • Issue: Do students have free speech rights in schools?

  • Ruling: Court upheld students’ rights to wear black armbands for protest, as long as it does not disrupt school activities.

• United States v. O’Brien (1968):

  • Issue: Can the government punish the burning of a draft card?

  • Ruling: Court ruled that the government’s interest in maintaining the draft justified the law against destruction of draft cards.

• Cohen v. California (1971):

  • Issue: Can a state punish offensive language on clothing?

  • Ruling: Court upheld the right to wear an obscene jacket, asserting that offensive speech is protected unless it incites violence.

• New York Times Co. v. United States (1971):

  • Issue: Can the government censor press to protect national security?

  • Ruling: Court ruled prior restraint is unconstitutional unless there is an immediate danger.

1st Amendment – Freedom of Religion

• Engel v. Vitale (1962):

  • Issue: Can public schools lead students in prayer?

  • Ruling: Court ruled that school-sponsored prayer violates the Establishment Clause.

• Wisconsin v. Yoder (1972):

  • Issue: Can Amish families refuse school attendance for religious reasons?

  • Ruling: Court ruled in favor of Amish families, stating compulsory education violated their Free Exercise rights.

• Lemon v. Kurtzman (1971):

  • Issue: Can government fund religious schools?

  • Ruling: Court ruled this unconstitutional, establishing the Lemon Test for determining violations of the Establishment Clause.

2nd Amendment – Right to Bear Arms

• McDonald v. Chicago (2010):

  • Issue: Can cities ban handguns?

  • Ruling: Court ruled the 2nd Amendment applies to states via the 14th Amendment’s Due Process Clause.

14th Amendment – Equal Protection Clause & Civil Rights

• Plessy v. Ferguson (1896):

  • Issue: Is racial segregation constitutional?

  • Ruling: Established "separate but equal" doctrine, allowing segregation.

• Brown v. Board of Education (1954):

  • Issue: Does school segregation violate Equal Protection Clause?

  • Ruling: Court overturned Plessy, ruling segregated schools are inherently unequal.

• Obergefell v. Hodges (2015):

  • Issue: Must states recognize same-sex marriages?

  • Ruling: Court ruled that same-sex marriage is a constitutional right, invalidating state bans.

Right to Privacy Cases

• Roe v. Wade (1973):

  • Issue: Is abortion a constitutional right?

  • Ruling: Court ruled that a woman’s right to abortion is a right protected by the right to privacy.

• Lawrence v. Texas (2003):

  • Issue: Can states criminalize private consensual sex between adults?

  • Ruling: Court ruled laws banning such activity are unconstitutional, asserting a right to privacy.

Vocabulary Terms

• Civil Liberties: Individual freedoms protected from government interference (e.g., free speech, freedom of religion).

• Bill of Rights: The first ten amendments to the Constitution, designed to protect civil liberties from federal overreach.

• Selective Incorporation: Process by which the Bill of Rights is applied to states through the 14th Amendment’s Due Process Clause.

• Due Process: Legal requirement that the government must respect all legal rights owed to a person.

• Prior Restraint: Government censorship before speech is published; generally unconstitutional.

• Lemon Test: Standards set to evaluate laws under the Establishment Clause.

• Equal Protection Clause: Ensures that laws apply equally to all citizens.