Protection of Civil Liberties and Rights Flashcards
Supreme Court
The Supreme Court uses judicial review to protect the rights and liberties of Americans. The Supreme Court protects rights by ruling based on constitutional rights. The Supreme Court has established new rights by re-interpreting the Constitution. In the 2015 case of Obergefell v Hodges, the Court gave same-sex couples the right to marry.
Bill of Rights
The Bill of Rights contains the first 10 amendments to the US Constitution.
The Bill of Rights includes the First Amendment freedom of religion and speech, the Second Amendment right to bear arms, the Fifth Amendment right to life, liberty and property, and the Eighth Amendment which forbids cruel and unusual criminal punishment.
1st Amendment protection
The Supreme Court has ruled in cases on the 1st Amendment freedom of religion.
In the 2014 Town of Greece v Galloway case, the Court ruled that city and town councils could start meetings with prayers. The Supreme Court has ruled in cases on the First Amendment freedom of speech. In the 2011 Snyder v Phelps case, the court ruled that the Westboro Baptist Church had the right to carry out anti-gay protests at the funerals of soldiers.
2nd Amendment protection
The Supreme Court has ruled in cases on the Second Amendment right to bear arms.
The 2008 District of Columbia v Heller case ruled that a District of Columbia 1976 ruling, which banned handgun ownership and required shotguns and rifles to be kept unloaded, was unconstitutional. This ruling upheld the right to bear arms as an individual right to own guns.
5th Amendment protection
The Supreme Court has ruled in cases on the Fifth Amendment right to silence. The 2000 Dickerson v United States case upheld the rights of those who have been arrested to be read their ‘Miranda rights’, which includes the right to remain silent.
8th Amendment protection
The Supreme Court has ruled on the Eighth Amendment right against cruel and unusual criminal punishment. The 2005 Roper v Simmons case ruled against the death penalty for citizens under the age of 18.
The 2008 Baze v Rees case and 2015 Glossip v Gross case ruled that lethal injection was allowed as a form of the death penalty under the 8th Amendment. The 2012 Miller v Alabama case ruled that life sentences without parole should not apply to people under the age of 18.
Other constititonal amendments
There have been 27 amendments made to the US Constitution. The 14th Amendment gave all citizens the right to equal protection of the law. The 19th Amendment gave women the right to vote. The 26th Amendment lowered the voting age from 21 to 18.
Reconstruction Amendments
After the US Civil War, three Constitutional amendments were introduced. These amendments were used to help reconstruct the American South, abolish slavery, and give ex-slaves rights. The 13th Amendment abolished slavery. The 14th Amendment gave all citizens the right to equal protection of the law and gave anyone born in the US American citizenship. The 15th Amendment stopped discrimination against race when voting - meaning that all races had the right to vote (if they met other qualifications).
14th Amendment: abortion
Abortion rights have been ruled on by the Supreme Court under the 14th Amendment. The 1973 Roe v Wade decision was justified on the basis of the right to privacy, as per the 14th amendment.
14th Amendment: racial minorities
The rights of racial minorities have been ruled on under the 14th Amendment. The 2016 Fisher v University of Texas case ruled that universities can take race and ethnicity into account in their admissions process.
The 2003 Gratz v Bollinger case ruled that Michigan University’s affirmative action, which gave an advantage to underrepresented minorities, was unconstitutional because it did not assess individuals but admitted nearly all underrepresented minority applicants.
