Unit 4
Civil Liberties and Civil Rights
Chs. 19-21
I. Bill of Rights (1-10)
A. 1st Amendment:
1. FREEDOM OF RELIGION
JEFFERSON- “Wall of Separation”
The Lemon Test
(Lemon v. Kurtzman, 1971)
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The purpose must be nonreligious.
Can neither advance nor inhibit religion.
Must not excessively entangle the government with religion.
2. FREEDOM OF SPEECH
• Freedom is NOT absolute (Schenck v. United States)
• Obscenity (Miller v. California) “community standards”
• Symbolic speech (Texas v. Johnson)
• Citizens United v. Federal Election Commission
3. FREEDOM OF THE PRESS
4. RIGHT TO ASSEMBLE
5. RIGHT TO PETITION THE GOVERNMENT
I. Bill of Rights (1-10) [con’t.]
B. 2nd Amendment: a well regulated militia, being
necessary to the security of a free state, the right of the people to
keep and bear arms, shall not be infringed.
1. militia - a body of citizen soldiers as distinguished
from professional soldiers.
2. Powers v. Rights
RIGHT – District of Columbia v. Heller
C. 3rd Amendment: protections against housing
troops in private homes
I. Bill of Rights (1-10) [con’t.]
D. 4th Amendment: protections against
unwarranted searches and seizures
Probable cause – there is a reasonable
basis for believing that a crime may
have been committed (for arrest) and
that evidence of the crime is present in
the place to be searched (for search).
 Exclusionary Rule – evidence gained
illegally cannot be used in court.
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The 5th Amendment provides that “no
person … shall be deprived of life, liberty, or
property without due process of law…”.
I. Bill of Rights (1-10) [con’t.]
E. 5th Amendment:
1. DUE PROCESS (proper legal procedures)
a. Substantive due process – the law itself
b. Procedural due process – how law is enforced
c. 14th Amendment - extends due process to
State and local governments.
• Process of Incorporation – most of the Bill of
Rights now apply to the States.
The Meaning of Due Process
I. Bill of Rights (1-10) [con’t.]
E. 5th Amendment: [con’t.]
2. DOUBLE JEOPARDY – can’t be tried twice for same crime
3. SELF-INCRIMINATION – right to remain silent
4. EMINENT DOMAIN – just compensation
KELO V. NEW LONDON, CT
I. Bill of Rights (1-10) [con’t.]
F. 6th Amendment: right to council and jury in criminal
trials
G. 7th Amendment: right to jury in civil trials
H. 8th Amendment: protections against cruel and
unusual punishment
I. 9th Amendment: rights are not
restricted to those listed in Amendments 1-8.
a. RIGHT TO PRIVACY
Established in Griswold v. Connecticut,
1965, outlawing birth-control was
unconstitutional.
 Uses IX, I, III, V & XIV amendments
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b. ABORTION
• provoked controversy when Roe v.
Wade, 1973, applied the right to
privacy to a woman’s right to an
abortion.
I. Bill of Rights (1-10) [con’t.]
J. 10th Amendment: those powers not stated are
reserved to the states and the people
II. Original Constitutional Rights
1. Writ of Habeas Corpus— A court order which prevents
unjust arrests and imprisonment
2. Bills of Attainder— laws passed by Congress that inflict
punishment without a court trial
3. Ex Post Facto Laws— new laws cannot apply reprimands
to individuals for actions that happened in the past
III. Slavery
A. Slavery and Involuntary Servitude
1. The 13th Amendment, ratified in 1865, ended
slavery in this country. It also protects against
involuntary servitude, or forced labor.
– Neither the draft nor imprisonment can be
classified as involuntary servitude.
2. Unlike any other part of the Constitution, the 13th
Amendment covers the actions of private
individuals as well as the government.
IV.
Affirmative
Action
the encouragement of increased representation of women
and minority-group members, esp. in employment.
A. Cases and Measures
1. Regents of the University of California v. Bakke, 1978
Allan Bakke sued the University of California for reverse discrimination
and won. This case shows that the Constitution does not allow
race to be used as the only factor in the making of
affirmative action decisions.
2. Adarand Constructors v. Pena, 1995
The Supreme Court’s decision in this case holds that racial
classifications imposed by the national government must
be analyzed under a standard of “strict scrutiny” and that
preferential treatment based on race is “almost certainly
unconstitutional,” even if it is intended to benefit minority groups
suffering from past injustices.
V. Citizenship
citizen – a member of a state who owes allegiance to it by birth or
naturalization and is entitled to full civil rights.
A. by BIRTH
1. Jus Soli
2. Jus Sanguinis
the law of the blood,
 law of the soil, or
or to whom one is
born.
where one is born.
 A child who is born
 The 14th
abroad to at least one
Amendment
citizen, and who has at
confers citizenship
some time lived within
to any person born
the United States, can
within the United
petition for citizenship.
States.
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IV. Citizenship (con’t.)
B. by NATURALIZATION
Naturalization –
the legal process by which a
citizen of one country become a citizen of another.