9 27 13 Ch 4 Civil Liberties and Civil Rights Civil Liberties Protections from improper government action Substantive Can and cant s Procedural Due process laws 1966 Miranda rights and the mandatory notification of a person s rights is established Holder v Humanitarian Law Project 2010 Upheld patriot act that prohibits provision of material support to terrorist groups o Left open what material support defines Question arose Does the Bill of Rights apply to the states Barron v Baltimore 1833 o Marshall said that the Bill of Rights does NOT apply to the states so the 5th amendment CAN T be used o Dual citizenship o Years after Barron v Baltimore several court cases began to reverse the idea of nationalized civil liberties Pg 90 List of Court Cases Nationalizing the Bill of Rights 1937 supreme court extended congress commerce clause Supreme court assumed active role to apply a single nation 14th amendment standard for all citizens o Exclusionary rule Ability of court to exclude evidence obtained in violation of 4th Gideon v Wainwright 1961 o Expanded 14th amendment o Right to counsel in criminal trial Mapp v Ohio 1961 amendment Benton v Maryland 1969 o Double jeopardy Expanded right to privacy 1950 s 60 s Bill of Rights today 1st amendment Establishment clause Wall of separation exists between church and state o Lemon v Kurtzman Lemon test Government aid to religious schools would be accepted if It had a secular purpose Its effect was neither to advance nor inhibit religion It did not entangle government and religious institutions in each other s affairs Ruled the display of ten commandments in Texas state capitol is constitutional Ruled the display of ten commandments in two Kentucky courts unconstitutional o Van Orden v Perry 2005 o MCreary v ACLU 2005 Free exercise clause Freedom of speech and press o Buckley v Valeo 1976 Spending of money on a candidate or campaign is a form of freedom of speech o Speech plus Peaceful demonstration or assembly o Prior restraint 2nd amendment District of Columbia v Heller 2008 McDonald v Chicago 2010 o Both upheld the right to bear arms Rights of the criminally accused 4th amendment Search and seizure 5th amendment Right to grand jury double jeopardy self incrimination clause 6th amendment Right to counsel speedy trial right to confront witnesses o Escobedo v Illinois Right to counsel during interrogations 8th amendment excessive bail protects against cruel and unusual punishment 9th amendment Right to privacy Roe v Wade 1973 Lawrence v Texas 2003 o Right to abortion and states can t make abortion a criminal act o Overturned Bowers v Hardwick and struck down states authority to make private sexual behavior a crime Civil Rights Obligations imposed on government to guarantee citizenship and to protect citizens from discrimination Not a part of the constitution until 1868 with the adoption of the 14th amendment equal protection clause Plessy v Ferguson 1896 o Upheld separate but equal Racial Discrimination after WWII o Ruled against restrictive contracts requiring the buyer of a home not to resell to non Shelley v Kraemer 1948 whites Brown v Board of Education 1954 o Ruled that separate but equal in regards to public education is not possible o States would no longer have the power to use race as a bias of discrimination in law o National government would have power to intervene against discriminatory actions o Most states refused to cooperate and found ways around the new law Rise of the Politics of Rights Outlawing discrimination in employment Civil rights act 1964 Title VII o Outlawed job discrimination Must have more than 15 workers Can t discriminate based on color religion sex national origin race Problem was that complaining party had to show that discrimination was cause of failure to get the job o Gender discrimination Intermediate scrutiny Places burden of proof on government and challengers United States v Virginia 1996 Ended all male schools supported by public funds Court ruled that sexual harassment may be actionable even if person did not suffer psychological and economical or job related losses o Latinos Mendez v Westminister 1947 Overturned California policy of school segregation Set precedent for Brown v Board o Asian Americans United States v Wong Kim Ark 1898 Anyone born in U S is a citizen 1943 repealed Chinese Exclusion Act Lau v Nichols 1974 Education must be provided to those whose English is limited o Native Americans 1924 changed rule to all people born in U S is a citizen 1930 s U S encouraged Native Americans to establish self government Indian Self determination and Education Assistance Act 1975 gave Indians more control over their land o Americans with disabilities 1973 Rehabilitation Act 1990 Americans with Disabilities Act Equal employment rights and access to public businesses 1967 federal Age Discrimination in Employment Act Company with at least 20 employees can t discriminate based on age o Aged o Gay and Lesbian Romer v Evans 1996 Declared Colorado law unconstitutional that prohibited passing of ordinances to protect gay rights Affirmative Action 1965 LBJ attempted to mandate affirmative action through executive orders Bakke 1978 o Not admitted to UT because of minority quota needing to be met Wards Cove v Antonio 1989 Adarand Constructors v Pena 1995 o Strict scrutiny Hopwood 1996 state colleges All of these cases weakened affirmative action Referenda on Affirmative Action Proposition 209 in California outlawed affirmative action o Ruled that race could NEVER be considered in granting admissions and scholarships at
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