Civil Rights and Liberties Some rights are fundamental and not subject to majoritarian control. The Constitution is based on majority rule with the protection of minority rights.

Civil Rights Stem from the Equal Protection Clause of the 14th Amendment. Protected class status arises as a member of a particular group (gender, race, over 40, disability). The government protects people from discrimination by the states and businesses engaged in commerce.

Civil Liberties Stem from the Due Process Clause of the 14th amendment. Protections are provided for individuals. Individuals are protected from government action.

Selective Incorporation In Barron v. Baltimore (1833), the Court ruled that the Bill of Rights protected citizens from the national government but NOT from actions by the states.

Selective Incorporation In Gitlow v. New York (1925), the Court ruled that individual’s fundamental rights could not be abridged by the states. Selective incorporation—court decisions have protected fundamental rights from infringement by the states on a case-by-case basis.

Civil Liberties

First Amendment Protects speech, press, religion, assembly and petition. Speech can be regulated through time, place and manner restrictions.

First Amendment Speech that presents a “clear and present danger” may be prohibited. Schenck v. United States (1919) Symbolic speech (like burning a flag) is protected. Texas v. Johnson (1989)

Sample Multiple Choice Legislation forbidding flag burning was deemed unconstitutional because it violated the A. First Amendment’s free exercise clause. B. necessary and proper clause. C. First Amendment’s protection of expression. D. Fourteenth Amendment’s definition of citizenship. E. First Amendment’s establishment clause.

Freedom of Religion The Free Exercise Clause protects religious beliefs. Practices like polygamy (Reynolds v. United States, 1878) and drug use (Oregon v. Smith, 1990) may be prohibited.

Freedom of Religion The Establishment Clause prohibits the government from establishing an official religion. It creates sort of a “wall of separation” between church and state.

Sample Multiple Choice With respect to prayer in public schools, the Court has ruled that A. state-sponsored prayer violates the establishment clause. B. state-sponsored prayer is permitted by the free exercise clause. C. since educational policy is controlled largely by the states, the First Amendment does not affect school policy on prayer. D. the free exercise clause permits teachers to mandate silent prayer. E. if all students belong to a single religion, mandated prayer is permissible.

Lemon v. Kurtzman (1971) Government aid to religious institutions must meet the following test: Secular purpose Does not advance or inhibit religion Does not cause excessive entanglement between church and state.

Sample Multiple Choice Which of the following best describes a purpose of the Establishment Clause? A. It gives Congress the power to protect civil rights and liberties. B. It prohibits Congress from establishing an official religion. C. It empowers Congress to create a national bank. D. It prevents Congress from prohibiting the possession of guns on school grounds. E. It grants Congress the power to establish post roads and post offices.

Defendants’ Rights The rights of criminal defendants stem from the 14th Amendment’s Due Process Clause. Fifth Amendment right to remain silent (right against self incrimination) Sixth Amendment right to counsel Writ of habeas corpus

Miranda v. Arizona (1966) Persons in custody must be read their rights. If rights are not read, confession may not be used in court.

Mapp v. Ohio (1961) Evidence obtained without a valid warrant (or a valid exception to the warrant requirement) may not be admitted in court. This is called the exclusionary rule.

Gideon v. Wainright (1963) Felony defendants who cannot afford an attorney must be provided one by the state. This was an unfunded mandate.

Right of Privacy Privacy is not mentioned in the Constitution. It stems from the 3rd, 4th, 9th and 14th amendments. In Griswold v. Connecticut (1965) the Court ruled that the Constitution creates a “penumbra” of privacy.

Right of Privacy In Roe v. Wade (1973), the Court ruled that states may not ban abortion (in the first two trimesters). In Lawrence v. Texas (2003), the Court ruled that states may not criminalize sexual behavior among consenting adults.

Sample Multiple Choice In Roe v. Wade, the majority of the Supreme Court justices determined that A. a constitutional right to privacy necessitated making contraceptives legal. B. abortions could be performed only during the first twelve weeks of a pregnancy. C. homosexuality is unconstitutional. D. the Constitution implies a right to privacy and thus made abortions legal. E. A husband is allowed to veto his wife’s decision to have an abortion.

Standards of Review There are three difference standards the courts use to determine whether discrimination is permissible: Strict scrutiny is used in race cases—this is a very difficult standard to meet. Mid-level scrutiny is used in gender cases. Other kinds of discrimination (age, disability) must meet the rational basis test.

Civil Rights Plessy v. Ferguson (1896)—separate but equal facilities do not violate the Equal Protection Clause of the Fourteenth Amendment Brown v. Board of Education (1954)—overturns Plessy. Separate schools for black and white children violate the 14th Amendment’s Equal Protection Clause. De jure segregation (by law) Swann v. Charlotte Mecklenburg (1971)—de facto segregation may be remedied with school busing.

Civil Rights

Civil Rights The Civil Rights Act of 1964 prohibits discrimination in housing, employment and public accommodations. In Heart of Atlanta Motel v. United States (1964) the Court upheld Congress’ power to pass the Civil Rights Act under the Commerce Clause.

The Right to Vote Suffrage is the right to vote. States eliminated the property requirement for voting in the early 1800s. The 15th Amendment provides African American males with the right to vote

The Right to Vote The 17th Amendment provides for the direct election of senators. The 19th Amendment gave women the right to vote. The 24th Amendment eliminated poll taxes. The 26th Amendment gave 18 year olds the right to vote.

Voting Rights Through grandfather clauses, poll taxes and intimidation, blacks were disenfranchised in the South. The Voting Rights Act of 1965 provided federal marshals to southern states to protect African American registration and voting. Voter turnout among blacks increased dramatically.

Sample Multiple Choice The passing of the Voting Rights Act of 1965 is a significant political event because it A. scaled back the provisions of the Fifteenth Amendment. B. was used to emancipate southern African Americans. C. was declared unconstitutional by the Court in Shaw v. Reno. D. was instrumental in increasing the number of African American and other minority voters. E. required that minority officeholders be elected.

ADA The Americans With Disabilities Act provides that employers and public entities must make “reasonable accommodations” for the disabled.

Sample FRQ The framers of the Constitution created a political system based on limited government. The original Constitution and the Bill of Rights were intended to restrict the powers of the national government. Later constitutional developments also limited the powers of state governments. (a) Explain how each of the following limits the powers of the national executive. • Federalism • Checks and balances

Sample FRQ (b) Explain how each of the following two provisions in the Bill of Rights limits the powers of the national government. • Establishment clause • Guarantee of a public trial (c) Choose one of the following and explain how it limits the power of state governments. • Citizenship clause of the Fourteenth Amendment • Selective incorporation