Unit 3: Civil Liberties and Civil Rights (copy)

First 10 amendments added to the Constitution written by James Madison

Protections from the abuse of government power

Protections from discrimination based on race, gender, or other minorities

Freedom of speech, freedom of the press, freedom to petition the government, freedom of assembly, freedom of religion

A socialist handing out leaflets telling men not to enlist was arrested, ruled constitutional because his speech posed a “clear and present danger” to the US

John and Mary Beth Tinker wore black armbands at school to protest the Vietnam War, constitutional and minors and school were protected by the First Amendment under certain circumstances

Daniel Ellsberg leaked the Pentagon Papers (about US in Vietnam) to the New York Times, when the Washington Post started to publish the Pentagon Papers; ruled constitutional because the government had not had the proof necessary to enact prior restraint

A letter written by Martin Luther King Jr. to African American religious leaders outlining key ideas about importance of nonviolent protest through peaceful assembly

Constitution prevents government from establishing state religion

Families sued their children’s school district for forcing prayer in the classroom, ruled unconstitutional because it violated establishment clause

Three Amish families were fined for taking their children out of school after the eighth grade; ruled constitutional (free exercise clause)

Free exercise of religion is allowed

Right to bear arms

McDonald wanted to buy a gun for self-defense but couldn’t because of city restrictions on handgun registrations, ruled unconstitutional because states are not allowed to impede citizens’ rights to keep and bear arms

Alfonso Lopez arrested for taking a gun to school, convicted for violating Gun-Free School Zones Act of 1990; ruled GFSZA unconstitutional because it was under the commerce clause but didn’t late to commerce

Forbids quartering of soldiers and direct public support of armed forces

Restricts government agencies in criminal/civil procedural investigations, protects a person’s belongings from “unreasonable searches and seizures”; policy must go before a judge to justify a search of private property

Judge believes that a search will find evidence of a crime

Issued by a judge, limits where police search and what they can take as evidence

Guarantees grand jury when suspect is held for capital/infamous crime, prevents person from being repeatedly prosecuted for the same crime by prohibiting double jeopardy, establishes right of government to seize property for the public under auspices of eminent domain if seizure can be compensated, rights granted to the accused, federal government can’t deprive a person of “life, liberty, or property by any level unless due process of law is applied”

Earl Gideon was accused of breaking-and-entering, theft, and destruction of property but was not given an attorney, ruled unconstitutional because of violation of 6th amendment right to attorney

Allows accused to be prosecuted by impartial jury (right to be informed of charges, confront witnesses, subpoena witnesses for defense, have a lawyer), forms basis for habeas corpus (protects against illegal imprisonment and ensures person can’t be held indefinitely without being charge or without a legal reason), right to a speedy trial

Allows for trial by jury in common-law cases

Bans excessive bails/fines and cruel or unusual punishment

Rights not mentioned in the Constitution are still protected, implied right to privacy and other rights

Made slavery illegal, prohibited indentured servitude

Declared that all people born in the US were citizens and entitled to equal rights, protected by due process

Banned laws that prevented African Americans from voting based on race/history of enslavement

Outlawed poll taxes

A tax paid in order to vote

Group of families from Kansas sued the city’s board of education for enforcing segregation; unanimous decision ruled that school segregation was unconstitutional

Gave women the right to vote

Allowed 18-year-olds to vote

Requires states to create congressional districts with minority majorities to increase minority representation in House of Representatives