Courts, Civil Liberties and Civil Rights
Landmark Court Cases:
1. Marbury v. Madison: Judicial Review
2. McCullouch v. Maryland: National supremacy and necessary and proper clause
FIRST AMENDMENT (Freedom of Speech/Religion (No Establishment & Free
Exercise)/Assembly/Petition/Press)
1. Schenk vs. US- Clear and Present Danger
2. Gitlow vs. US: Selective incorporation doctrine, incorporated speech and press
3. Texas v. Johnson: You may burn the flag, symbolic speech
Freedom of Religion
-Free Exercise Clause- right to practice your own religion
-Establishment Clause- separation between Church and State, No official state religion
1. Reynolds v. US (1878) – Free Exercise, Restricted/banned polygamy.
2. Oregon v. Smith (1990)- Free exercise, Restricted drug use in religious ceremonies.
Second Amendment (right to bear arms)
1. McDonald v. Chicago- Incorporated the 2nd amendment
Fourth Amendment (Unreasonable Search and Seizures)
The Right of the people to be secure in their persons, houses, papers and effects, against
unreasonable search and seizures, shall not be violated, and no warrants shall issue, but upon
probable cause, supported by Oath or Affirmation, and particularly describing the place to be
searched, and the persons or things to be seized.
1. Mapp v. Ohio- 1961-Selective Incorporation of the 4th amendment, exclusionary rule applies to
states
FIFTH AMENDMENT- CRIMINAL PROCEEDINGS (No self incrimination
SIXTH AMENDMENT- RIGHTS OF THE ACCUSED
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2.
Gideon v. Wainwright (1963)- guarantee of counsel (attorney) for all person facing a felony
charge in federal and state trials
Miranda v. Arizona (1966)- Miranda Rights
SEVENTH AMENDMENT- CIVIL LAW PROCEEDINGS (Right to Jury in all civil cases over $20)
EIGHT AMENDMENT- BAIL AND CRUEL AND UNUSUAL PUNISHMENT
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2.
Gregg v. Georgia (1976) – state sponsored death penalty does not violate the 8th amendment
Roper v. Simmons (2005)- state sponsored death penalty of persons under 18 yrs old violates 8th
amendment
NINTH AND TENTH AMENDMENTS- RIGHTS RESERVED FOR THE PEOPLE AND THE
STATES
1. Griswold v. Connecticut (1965)- 9th Amendment (Unenumerated Rights), right to privacy
2. Roe v. Wade (1973)- Right to abortion –based of right to privacy
FOURTEENTH AMENDMENTS- RIGHT OF CITIZENS (CIVIL RIGHTS)
--No State shall deprive any person of due process or equal protection under the law
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2.
Brown v. Board of Ed (1954)- Equal Protection Clause, separate is not equal, schools
desegregate
Regents of University of California v. Bakke (1970)- Equal Protection Clause- strict quotas
unconstitutional in affirmative actions cases
Gerrymandering and the 14th Amendment (Equal Protection Clause)
1. Baker v. Carr (1962)- -Malapportionment violated the 14th amendment
-All districts must be contiguous and touching, precursor to Westberry
2. Westberry v. Sanders (1964)
-One person one vote, all districts must be equal in POPULATION not AREA or SIZE
Powers of the President and Separation of Powers
1. Clinton v. City of New York (1998)
-Line Item Veto violates Article II of the Constitution
-Only Governors retain the right to line-item veto
Civil Rights Legislation
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3.
Civil Rights Act of 1964- Based on interstate commerce, no discrimination in public
accommodations
Voting Rights Act of 1965- Extended 15th amendment to stop discriminatory practices in voting
Equal Educations Amendments of 1972- Title IX