Chapter 4 court cases

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Art Institute of Atlanta *

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Political Science

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Oct 30, 2023

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Civil Liberty Constitutional Protection Court Case Freedom of Religion First Amendment: Establishment Clause, Free Exercise Clause Engel v. Vitale (1962) - The Supreme Court ruled that a state-written prayer in public schools was a violation of the Establishment Clause, as it represented a religious observance by the state and thus, it had the effect of promoting religion. Freedom of Expression First Amendment: Freedom of Expression Schenck v. United States (1919) - The Supreme Court held that the freedom of speech can be limited if the speech poses a "clear and present danger" to national security or public safety. Right to Bear Arms Second Amendment District of Columbia v. Heller (2008) - The Supreme Court held that the Second Amendment protects an individual's right to possess firearms for lawful purposes, such as self-defense within the home. Defendant’s Rights Fourth, Fifth, Sixth, and Fourteenth Amendments Mapp v. Ohio (1961) - The Supreme Court held that evidence obtained illegally through a search and seizure was inadmissible in state courts, as it violated the Fourth Amendment's protection against unreasonable searches and seizures. Self- incrimination Fifth Amendment: Self- incrimination Miranda v. Arizona (1966) - The Supreme Court held that the Fifth Amendment's protection against self-incrimination required law enforcement officers to inform criminal suspects of their right to remain silent and to have an attorney present during questioning. Right to Counsel & Trial Sixth Amendment: Right to Counsel Gideon v. Wainwright (1963) - The Supreme Court held that the Sixth Amendment guarantees a defendant the right to counsel in all criminal trials and that counsel must be provided if the defendant cannot afford one. Cruel and Unusual Punishment Eighth Amendment: Cruel and Unusual Punishment Gregg v. Georgia (1976) - The Supreme Court upheld the constitutionality of the death penalty, ruling that it was not cruel and unusual punishment if imposed in a consistent and fair manner. Right to Privacy/Abortion Ninth Amendment: Unenumerated Rights, Fourteenth Amendment: Due Process Clause Roe v. Wade (1973) - The Supreme Court held that the right to privacy, including the right to have an abortion, was protected by the Ninth Amendment and the Fourteenth Amendment's Due Process Clause.
Civil Liberties: Basic individual rights and freedoms, such as freedom of speech, religion, and assembly, that are protected from government restriction by the Constitution and Bill of Rights. Incorporation Doctrine: The process by which provisions of the Bill of Rights, originally applicable only to the federal government, have been made applicable to the states through the Fourteenth Amendment's Due Process Clause. This has allowed the Supreme Court to enforce many of the civil liberties and individual rights protected by the Bill of Rights against state and local governments. Significance: The incorporation doctrine is significant because it has expanded the scope of protection for civil liberties and individual rights to include state and local governments. Before incorporation, states could restrict or deny individual rights with little consequence, but now the Supreme Court can use the Fourteenth Amendment to strike down state and local laws that violate individual rights protected by the Bill of Rights. The landmark case that established this precedent was Gitlow v. New York (1925). Civil liberties further democracy by protecting individual rights and freedoms from government intrusion, which promotes a society that values individual autonomy and democratic values such as freedom of speech, religion, and assembly. Civil liberties also serve as a check on government power, limiting the scope of government action and ensuring that the government acts in the best interests of its citizens. Civil liberties protections limit the scope of the government by setting boundaries on the powers of government, such as prohibiting the government from infringing on an individual's rights to free speech, religion, and privacy. These protections prevent the government from becoming too powerful and overstepping its bounds, ensuring that government action is limited to that which is necessary to protect the rights and interests of its citizens.
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