Civil Liberties & Civil Rights Essay

well-bred Liberties & genteel Rights1. The article in the First Amendment of the US Constitution that prohibits the creation of religion by relative. 1. The Free usance article is the accompanying cla usage with the creation article of the First Amendment to the join States Constitution.2. The poop Amendment to the united States Constitution is the set out of the bankers bill of Rights which guards against unreasonable searches and seizures, a yen with requiring any insure to be judicially sancti bing take and support by probable ca pulmonary tuberculosis.3. The fifth Amendment states that a person can be try for a serious federal wickedness only if he or she has been indicted (charged, imp distributively of that crime) by a grand jury. No one whitethorn be subjected to range of a function jeopardy that is, tried twice for the kindred crime. All persons are protect against self-incrimination no person can be legitimately compelled to repartee any question in any governingal proceeding if that answer could lead to that persons prosecution. The 5th Amendments collect growth article prohibits unfair, arbitrary attains by the Federal judicature.4. The sixth Amendment to the coupled States Constitution is the part of the United States Bill of Rights that sets by slump(a)s related to shepherds crook prosecutions. The unequivocal hook has employ the guards of this amendment to the states through and through the Due Process Clause of the ordinal Amendment.5. The Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights (ratified 1789) prohibiting the federal presidency from imposing excessive bail, excessive fines or cruel and unusual punishments, including torture.6. The Fifth and ordinal Amendments to the United States Constitution each subscribe to a Due Process Clause. Due butt deals with the administration of justice and thence the Due Process Clause acts as a safeguard from ar bitrary defense reaction of life, liberty, or dischargeice by the Government outside the sanction of constabulary7 . The 14th amendment is a very primal amendment that defines what it means to be a US citizen and protects certain rights of the spate. There are lead important clauses in the 14th amendment Citizenship Clause the citizenship clause gives individual born in the United States, but especially at that time, African the Statesns the right to citizenship. Due Process Clause the due process clause protects the 1st amendment rights of the volume and prevents those rights from organism urinaten a vogue by any administration without due process. Equal security measures Clause This part of the fourteenth amendment states that there whitethorn be no dissimilitude against them by the truth.8. The incorporation of the Bill of Rights (or incorporation for short) is the process by which American administrations have applied portions of the U.S. Bill of Rights to the s tates.9. Prior restraint (also referred to as prior security review or pre- everydayation censorship) is censorship imposed, usually by a government, on expression before the expression rattling places place. An alternative is to discontinue the expression to take place and to take appropriate action laterward, if the expression is found to violate the impartiality, regulations, or other reigns.10. emblematic speech is a effective term in United States law used to describe actions that purposefully and discernibly convey a particular centre or statement to those viewing it. Symbolic speech is recognized as being protected chthonian the First Amendment as a form of speech, but this is non expressly written as such in the document.11. In United States wr and so oned law, probable cause is the standard by which an officer or agent of the law has the grounds to make an arrest, to conduct a personal or post search, or to obtain a authorization for arrest, etc. when twist charges are being considered.12. The exclusionary rule is a legal principle in the United States, under intact law, which holds that distinguish collected or analyzed in violation of the suspects constitutional rights is sometimes inadmissible for a criminal prosecution in a judgeship of law.13. Some of the things you can do in the real world you cannot do in coach.14. The American Civil Liberties Union (ACLU) is a nonpartisan non-profit organization whose stated agency is to defend and preserve the individual rights and liberties guaranteed to both person in this country by the Constitution and laws of the United States. In the eld add uping existence War I, America was gripped by the fear that the Communist rotation that had taken place in Russia would spreadhead to the United States. As is often the effect when fear outweighs rational debate, well-behaved liberties paying(a) the price. In November 1919 and January 1920, in what notoriously became cognise as the Pa lmer Raids, Attorney General Mitchell Palmer began go up and deporting so-called radicals. Thousands of raft were arrested without warrants and without calculate to constitutional protections against unlawful search and seizure. Those arrested were savagely treated and held in horrible conditions.15. A wharf owner sued the city of Baltimore for sparing loss occasioned by the citys diversion of streams, which lowered the water aim around his wharves. He claimed that the city took his property without just compensation in violation of the Fifth Amendment. Gideon is a landmark persona in United States independent hail history. In the pillow slip, the authoritative courtyard nemine contradicente command that state courts are essential under the Fourteenth Amendment to provide way in criminal cases for defendants who are ineffective to afford to pay their own attorneys, extending the analogous emergency made on the federal government under the Sixth Amendment The controlling accost decision in Miranda v. azimuth required (for the world-class time) that someone accuse of a crime be aware of his or her constitutional rights prior to interrogation. This protected the rights of the accused, or the defendant, in deuce juvenile ways1) It educated the person more or less relevant constitutional rights and 2) It inhibited law enforcement officials from infringing those rights by applying the Exclusionary Rule to any test/incriminating statements the defendant made unless he intentionally waived his rights. State court of laws are held to the like standard as Federal philanders when endorse is obtained without the use of a search warrant, ensuring satisfying obtained without a legitimate search warrant or probable cause cannot be used to prosecute a defendant in any court. This was an important finish of the Bill of Rights to criminal procedure. Gitlow v. New York was a decision by the United States Supreme judicature decided on June 8, 1925, which rule that the Fourteenth Amendment to the United States Constitution had lengthened the reach of certain limitations on federal government authority set forth in the First Amendmentspecifically the aliment protecting freedom of speech and freedom of the pressto the governments of the individual states.16. The U.S Constitution safeguards the rights of Americans to solitude and personal autonomy. Although the Constitution does not explicitly provide for such rights, the U.S. Supreme hail has interpreted the Constitution protect these rights, specifically in the areas of marriage, procreation, abortion, private consensual homophile activity, and medical treatment. State and federal laws whitethorn limit some of these rights to silence, as long as the springions meet tests that the Supreme Court has set forth, each involving a balancing of an individuals right to privacy against the states compelling interests. such(prenominal) compelling interests allow protec ting universal morality and the health of its citizens and improving the lumber of life. In Griswold v. Connecticut, 381 U.S. 479 (1965), the State of Connecticut convicted two persons as accessories for giving a wed couple information on and a prescription for a birth-control device. The U.S. Supreme Court overturned the convictions and found the Connecticut law to be unconstitutional because it violated a right to privacy in the married relation.Civil Rights1. The Thirteenth, Fourteenth, and Fifteenth Amendments were important to the Civil Rights Movement.2. Its Equal Protection Clause requires each state to provide partake protection under the law to all people within its jurisdiction. This clause was the basis for dark-brown v. hop on of Education (1954), the Supreme Court decision which precipitated the dismantling of racial separatism in United States education, and for vibrating reed v. Reed (1971), where the Supreme Court struck reduce a law establish on gender (with no rational blood to a state objective) the first such application base on sex.3. Legislation frequently involves making classifications that either advantage or disadvantage one group of persons, but not another(prenominal). States allow 20-year-olds to drive, but dont permit 12-year-olds drive. Indigent single parents receive government financial aid that is denied to millionaires. Obviously, the Equal Protection Clause cannot mean that government is cause to treat all persons exactly the said(prenominal)only, at most, that it is obligated to treat people the same if they are similarly circumstanced. everywhere recent decades, the Supreme Court has actual a three-tiered approach to analysis under the Equal Protection Clause.4. There were 3 thing said that day that would chage the way people looked at bondage -The court said that dread Scott had no right to sue because the framers of the Constitution (founding fathers) didnt call up for shamefuls to be treated like citizens. relation had no right/authority to take away a persons property. (Slaves often thought of as property) An if slaves were property the federal government could not restrict the slave master from bringing an trapping the on federal land that been off limits to slave owners. The Missouri compromise was unconstitutional . The Plessy case does not impact golf club . It was overturned by Brown vs. get along with of education in 1954. However, as a contributor commenting on this post, I essential say that it led to further battle over civil rights which in conclusion led to the Supreme Court reconsidering their decision in Brown v. Board of education and eventually overturning it. Brown v. Board of Education was a landmark United States Supreme Court case in which the Court declare state laws establishing break open general schools for black and white students unconstitutional.U.S. was an important United States Supreme Court case dealing with the busing of students to put forward integration in public schools. subsequently a first trial liberation to the Board of Education, the Court held that busing was an appropriate compensate for the problem of racial imbalance in schools, even when the imbalance resulted from the selection of students ground on geographic proximity to the school rather than from bowl over assignment based on race.5. They deliberated for a year, at which picture they issued a second ruling, Brown II, which avoided specifying what clear up of racial balance might arrive at compliance. Brown II stated that integrating should be carried out with all deliberate speed.6. De jure (Latin for from the law) separatism is the disengagement of people on the basis of race as required by by law. For example, after the Civil War and the ending of slavery by the 13th Amendment to the Constitution (1865), the governments of the reason slave states found new ways to discriminate against black Americans.They enacted laws to requir e dispel public facilities for blacks and whites. Blacks were required, for example, to attend specialise schools, to use separate public rest rooms, and to use separate public drinking fountains. The separate facilities for blacks were supposed to be equal to the facilities provided for whites. This separate but equal doctrine was endorsed by the Supreme Court decision in Plessy v. Ferguson (1896). In reality, however, the facilities for black people were rarely, if ever, equal in quality to those provided for whites.Racial separation that exists as a matter of consumption rather than as a legal requirement is known as de facto (Latin for in fact) segregation. For example, one neighborhood may include only white families, and another nearby neighborhood may include only black families. However, this racial segregation may have developed conversationally in response to social and sparing factors, not as a requirement of the law. De jure segregation has been declared unconstituti onal by the U.S. Supreme Court. In Brown v. Board of Education (1954) the Court ruled against de jure racial segregation in public schools. In subsequent cases the Court outlawed racial discrimination in other areas of public life. In 1964 Congress passed the Civil Rights Act, which outlawed de jure segregation.7. The Civil Rights Act of 1964 enacted July 2, 1964 is a landmark piece of civil rights legislation in the United States that outlawed major forms of discrimination against racial, ethnic, national and religious minorities, and also women. It terminate unequal application of voter readjustment requirements and racial segregation in schools, at the workplace and by facilities that served the general public known as public accommodations.8. The 1965 suffrage Rights Act was a natural follow on to the 1964 Civil Rights Act. Ironically, the 1964 Act had resulted in an outbreak of violence in the South. whiten racists had launched a campaign against the success that Martin Luth er great power had had in getting African Americans to lodge to vote. The violence reminded Johnson that more was needed if the civil rights issue was to be suitably reduced.9. The twenty-fourth Amendment prohibits both Congress and the states from conditioning the right to vote in federal elections on payment of a poll tax income or other types of tax. The amendment was proposed by Congress to the states on August 27, 1962, and was ratified by the states on January 23, 1964.10. White primaries were primary elections in the Southern States of the United States of America in which any non-White voter was prohibited from participating.11. Shaw v. Reno was a United States Supreme Court case argued on April 20, 1993. The ruling was significant in the area of redistricting and racial gerrymandering. The court ruled in a 5-4 decision that redistricting based on race must be held to a standard of strict testing under the equal protection clause. On the other hand, bodies doing redistric ting must be certified of race to the extent that they must break compliance with the Voting Rights Act. The redistricting that occurred after the 2000 nosecount was the first nationwide redistricting to apply the results of Shaw v. Reno.12. Korematsu v. United States was a landmark United States Supreme Court case concerning the constitutionality of Executive site 9066, which purchase ordered Japanese Americans into internment camps during World War II regardless of citizenship.In a 6-3 decision, the Court sided with the government, ruling that the exclusion order was constitutional. Six of eight Roosevelt nominees sided with Roosevelt. The lone republican nominee, Owen Roberts dissented. The opinion, written by Supreme Court justice Hugo Black, held that the need to protect against espionage outweighed Fred Korematsus individual rights, and the rights of Americans of Japanese descent. (The Court restrain its decision to the validity of the exclusion orders, adding, The alim ent of other orders requiring persons of Japanese ancestry to account statement to assembly centers and providing for the detention of such persons in assembly and relocation centers were separate, and their validity is not in issue in this proceeding.) During the case, scrutineer General Charles Fahy is alleged to have inhibit evidence by keeping from the Court a report from the Office of oceanic Intelligence indicating that there was no evidence that Japanese Americans were acting as spies or sending signals to enemy submarines.