Civil Liberties Flashcards

Bill of Rights & Civil Liberties

First Amendment: Religion

  • Establishment Clause: Prevents Congress from establishing a national religion.
  • Free Exercise Clause: Government cannot interfere with lawful religious practices.
  • Engel vs. Vitale: School prayer is unconstitutional, violating the Establishment Clause.

Selective Incorporation

  • Bill of Rights protections applied to state governments (1st, 2nd, 4th, 6th, & 8th Amendments).
  • 14th Amendment: States must uphold civil liberties.

Civil Rights Act of 1964

  • Made discrimination based on race, ethnicity, national origin, sex, or religion illegal.

Voting Rights Act of 1965

  • Ensured free access to voting.

Women's Rights

  • 19th Amendment: Granted women the right to vote.
  • Title IX: Guarantees equal opportunities for women in educational institutions receiving federal funding.

LGBTQ+ Rights

  • Obergefell vs. Hodges: State bans on same-sex marriage violate the 14th Amendment.

Congressional Districts

  • Thornburg vs. Gingles: Districts cannot be drawn to weaken minority voting power.
  • Shaw vs. Reno: Districts drawn solely based on race are unconstitutional.

Affirmative Action

  • Policies favoring historically discriminated groups.
  • Regents of University of California vs. Bakke: Quotas based on race are unconstitutional.

Fifth & Sixth Amendments

  • Concern the rights of citizens accused of crimes.
  • Miranda Rule: Arresting officers must inform suspects of their rights.
  • Gideon vs. Wainwright: States must provide a lawyer to defendants.
  • Procedural Due Process: Officials must use consistent procedures when making decisions affecting constitutional rights.

Unenumerated Rights

  • Right to Privacy: Rights not explicitly listed in the Bill of Rights.

Civil Rights vs. Civil Liberties

  • Civil Liberties: Freedoms protected by the Constitution.
  • Civil Rights: Efforts to ensure civil liberties are provided to all citizens.

Civil Rights Movement

  • Increased civil liberties for Black people.
  • Brown vs. Board of Education: Overturned Plessy vs. Ferguson, declaring segregation inherently unequal.
  • Violations of the 14th Amendment.

Second Amendment: Right to Bear Arms

  • District of Columbia vs. Heller: Affirmed an individual's right to own a gun.
  • McDonald vs. Chicago: Applied the right to individual gun ownership to the states.

Eighth Amendment

  • Prohibits excessive bail, fines, and cruel and unusual punishment.

Fourth Amendment

  • Protects against unreasonable searches and seizures.
  • Exclusionary Rule: Evidence obtained in violation of the Fourth Amendment is inadmissible in court.

First Amendment: Free Speech

  • Tinker vs. Des Moines: Students have free speech rights at school.
  • Morse vs. Frederick: Schools can restrict speech promoting drug use.
  • Time, Place, & Manner Restrictions: Government can regulate the time, place, and manner of speech.
  • Schenck vs. U.S.: Speech posing a "clear and present danger" is not protected. (\text{Espionage Act})

Freedom of the Press

  • New York Times vs. U.S.: Prior restraint (government censorship before publication) is generally unconstitutional.