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Civil Liberties
individual rights protected by law from unjust governmental or other interference.
Bill of Rights
First ten amendments to the constitution which focus individual rights from the government like freedom of speech or freedom from warrantless search and seizure
Establishment clause
Government cannot create or sponsor a religion
free exercise clause
People should have a right to practice their religion, but it is limited by law.
Engel v. Vitale
This banned school-led prayer because it saw school prayer as a violation of the establishment clause
1st Amendment
Freedom of speech, religion, and the press
Wisconsin v. Yoder
Amish students were being forced to go to school, but the Supreme Court decided that according to the Free Exercise clause they did not have to attend school after 8th grade
Tinker v. Des Moines
Students were suspended for wearing black arm bands to protest the Vietnam War and the Supreme Court found this suspension violated the students first amendment rights because it was political and did not disturb school
Symbolic Speech
conduct that expresses an idea like wearing an armband or burning a flag
Schenk v. US
A person was arrested for trying to impede the draft. It was found to be constitutional because it demonstrated a "clear and present" danger so was not protected by the 1st Amendment.
2nd Amendment
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
8th Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
4th Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
McDonald v. Chicago
Reversed Chicago's handgun ban by incorporating the 2nd Amendment through the due process clause and saying it violated the right to ban arms
Miranda v. Arizona
Miranda confessed and was not made aware of his rights. The Supreme Court threw out the conviction and ordered another trial. It set the precedent that defendants have to be read their rights before being interrogated if in police custody. The warning mentions 5th amendment right that you do not have to testify against yourself and the 6th amendment right to a lawyer.
Patriot and USA Freedom Act
The act imposes some new limits on the bulk collection of telecommunication metadata on U.S. citizens by American intelligence agencies, including the National Security Agency. It also restores authorization for roving wiretaps and tracking lone wolf terrorists.
Due process clause
Part of the 14th Amendment that allowed for the incorporation of the Bill of Rights allowing abortion in all 50 states or forcing all police to get a warrant for searches.
exclusionary rule
In Mapp v. Ohio, the Supreme Court allowed courts to throw out any evidence that is not gotten by the police properly.
Gideon v. Wainright
Gideon was given another trial with a lawyer because the court incorporated the 6th Amendment through the due process clause so that states had to provide lawyers to all felony defendants
Roe v. Wade
The Supreme Court legalized abortion in all 50 states through the due process clause the right of privacy which shows up in Amendments 3,4, and 9
Equal Protection Clause
Part of 14th Amendment that was used to further Civil Rights like Brown v. Board of Education decision
Brown v. Board of Education
Case that overturned Plessy and outlawed school segregation throughout country through the equal protection clause of 14th Amendment
Civil Rights Act of 1964
Banned private businesses from discriminating against people on account of race. Justified through the Commerce clause.
Title IX
Forces schools to provide equal facilities to women and leads to equality in sports teams
Plessy v. Ferguson
The court ruled that the equal protection clause meant that they could have "separate, but equal" facilities. Allowed for segregation.