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.