4.4 Protection of civil liberties and rights in US today

Question 1

2

Describe the 2 ways rights may be protected (at a level above legislation)

Answer 1

• Constitutional amendments (incluidng bill of rights)
• SC cases

Question 2

3

Describe constitutional rights

Answer 2

• Rights explicitly identified within Constitution and amendments
• SC can only rule on rights for which it has found constitutional basis (e.g. abortion - 14th amendment)
• Vague nature allows SC to rule on range of rights over time e.g. abortion, same-sex marriage, gun rights

Question 3

5

Describe rights protected by the bill of rights 1791

Answer 3

• 1st - freedom of speech, religion
• 2nd - Gun control
• 4th - searches
• 5th - right to silence (Miranda rights)
• 8th - capital punishment

Question 4

3

Describe rights protected by subsequent constitutional amendments

Answer 4

• 14th - women’s rights, LGBT rights
• 19th - female franchise
• 26th - protected voting rights for aged 18 and over

Question 5

2

Describe SC cases involving the 1st amendment

Answer 5

• Snyder v Phelps (2011) - free speech is not limited even if causing emotional distress
• Burwell v Hobby Lobby Stores (2014) - religion

Question 6

3

Describe Burwell v Hobby Lobby Stores 2014

Answer 6

• Government cannot require employers to provide insurance for birth control if it conflcits with religious beliefs of employers
• Challenge to Obamacare
• All 3 female justices dissented

Question 7

2

Describe SC cases involving the 2nd amendment

Answer 7

• DC v Heller (2008) - right to individual gun ownership without militia connection
• Chicago v McDonald (2010) - clarified DC v Heller to enforce the right to bear arms to states

Question 8

2

Describe an SC case involving the 5th amendment with an explanation

Answer 8

• Salinas v Texas (2020)
• Remaining silent before reading Miranda rights can be used as evidence of guilt in court

Question 9

2

Describe cases involving the 8th amendment

Answer 9

• Glossip v Gross (2015)
• Bucklew v Precythe (2018)

Question 10

1

Describe Glossip v Gross 2015

Answer 10

lethal injection using midazolam does not violate ‘cruel and unsual punishments’ outlawed in 8th amendment

Question 11

2

Describe Bucklew v Precythe 2018

Answer 11

• Convict must show alternative method of capital punishment if they claim that the planned method is excessively painful
• Upheld right to use capital punishment

Question 12

4

Describe cases involving the 14th amendment

Answer 12

• Whole Woman’s Health v Hellerstedt 2016
• Dobbs v Jackson Women’s Health Organisation 2022
• Obergefell v Hodges 2015 - right to marry guaranteed by 14th amendment
• vaguness allowed extension of interpretation to abortion and same-sex marriage rights

Question 13

2

Describe Whole Woman’s Health v Hellerstedt 2016

Answer 13

• Requirements placed on abortion centres by Texas H.B. 2 were ‘undue burden’
• Therefore unconstitutional

Question 14

2

Describe the 26th amendment

Answer 14

• Ratified 1971
• Prohibits the denial of the right of US citizens 18 years of age or older, to vote on account of age.

Question 15

1

What did DACA/DAPA do?

Answer 15

Granted temporary amnesty from deportation for some undocumented immigrants