Protection of civil liberties and rights USP

Question 1

what is the key difference between civil liberties and civil rights

Answer 1

liberties = freedoms protected from infringement by the government or other bodies
rights = rights of individuals to receive equal treatment and free from discrimination

Question 2

what court case decisions was rooted by the FIRST AMENDMENT

Answer 2

• TEXAS vs JOHNSON (flag burning)
• CITIZENS vs FEC
• MASTERPIECE CAKESHOP vs COLORADO

Question 3

what court case decisions was rooted by the SECOND AMENDMENT

Answer 3

• DISTRICT OF COLUMBIA vs HELLER
• MCDONALD vs CITY OF CHICAGO (carries on from heller stating that states do not have the right to impose gun laws 2010)

Question 4

what court case decisions was rooted by the FOURTH AMENDMENT

Answer 4

• KATZ vs UNITED (privacy to people not just places)
• RILEY vs CALIFORNIA (search and seizure of phone during arrest is unconstitutional)

Question 5

what court case decisions was rooted by the SIXTH AMENDMENT

Answer 5

• right for a free trial
• GIDEON vs WAINWRIGHTS (states are required to hold free trial and give defendants if they are unable to have a lawyer)
• BATSON vs KENTUCKY (exclusion of jurors based on race violates 6th and 14th)

Question 6

what court case decisions was rooted by the EIGHTH AMENDMENT

Answer 6

• FURMAN vs GEORGIA 1972 (temporarily halted capital punishment due to concerns on discriminatory applications)
• GREGG vs GEORGIA 1976 (reinstalled it under specific guidelines, against ‘cruel and unusual punishment’)

Question 7

what court case decisions was rooted by the TENTH AMENDMENT

Answer 7

• NFIB vs SEBELIUS (ACA and said that it was constitutional , not unconstitutional if states are forced to install it due to federal government threatening to withdraw existing medicaid funds)

Question 8

what court case decisions was rooted by the FOURTEENTH AMENDMENT

Answer 8

• BROWN vs BOARD (overturning PLESSY vs FERGUSON)
• LOVING vs VIRGINIA (invalidating laws against interracial marriage)
• OBERGEFELL vs HODGES
• ROE vs WADE

Question 9

whats a VERY RECENT court case which protects the 1st amendment right

Answer 9

• 303 CREATIVE LLC vs ELENIS (2023)
• 6-3
• voted in favour of a web design business owner who didn’t want to create sites for same-sex weddings due to her beliefs