Civil Liberties ; Civil Rights Essay

Civil Liberties & A ; Civil Rights

1. The clause in the First Amendment of the US Constitution that prohibits the constitution of faith by Congress. 1. The Free Exercise Clause is the attach toing clause with the Establishment Clause of the First Amendment to the United States Constitution.

2. The Fourth Amendment to the United States Constitution is the portion of the Bill of Rights which guards against unreasonable hunts and ictuss. along with necessitating any warrant to be judicially sanctioned and supported by likely cause.

3. The 5th Amendment provinces that a individual can be tried for a serious federal offense merely if he or she has been indicted ( charged. accused of that offense ) by a expansive jury. No 1 may be subjected to duplicate hazard – that is. tested twice for the same offense. All individuals are protected against self-incrimination ; no individual can be lawfully compelled to reply any inquiry in any governmental proceeding if that reply could take to that person’s prosecution. The fifth Amendment’s Due Process Clause prohibits unjust. arbitrary actions by the Federal Government.

4. The Sixth Amendment to the United States Constitution is the portion of the United States Bill of Rights that sets forth rights related to condemnable prosecutions. The Supreme Court has applied the protections of this amendment to the provinces through the Due Process Clause of the Fourteenth Amendment.

5. The Eighth Amendment to the United States Constitution is the portion of the United States Bill of Rights ( sanctioned 1789 ) forbiding the federal authorities from enforcing inordinate bond. inordinate mulcts or cruel and unusual penalties. including anguish.

6. The Fifth and Fourteenth Amendments to the United States Constitution each contain a Due Process Clause. Due procedure trades with the disposal of justness and therefore the Due Process Clause acts as a precaution from arbitrary denial of life. autonomy. or belongings by the Government outside the countenance of jurisprudence

7. The 14th amendment is a really of import amendment that defines what it means to be a US citizen and protects certain rights of the people. There are three of import “clauses” in the 14th amendment ·Citizenship Clause – the citizenship clause gives single Born in the United States. but particularly at that clip. African Americans the right to citizenship. ·Due Process Clause – the due procedure clause protects the 1st amendment rights of the people and prevents those rights from being taken away by any authorities without “due procedure. ” ·Equal Protection Clause – This portion of the 14th amendment provinces that there may be no favoritism against them by the jurisprudence.

8. The incorporation of the Bill of Rights ( or incorporation for short ) is the procedure by which American tribunals have applied parts of the U. S. Bill of Rights to the provinces.

9. Anterior restraint ( besides referred to as anterior censoring or pre-publication censoring ) is censorship imposed. normally by a authorities. on look before the look really takes topographic point. An option is to let the look to take topographic point and to take appropriate action subsequently. if the look is found to go against the jurisprudence. ordinances. or other regulations.

10. Symbolic address is a legal term in United States jurisprudence used to depict actions that purposefully and discernibly convey a peculiar message or statement to those sing it. Symbolic address is recognized as being protected under the First Amendment as a signifier of address. but this is non expressly written as such in the papers.

11. In United States condemnable jurisprudence. likely cause is the criterion by which an officer or agent of the jurisprudence has the evidences to do an apprehension. to carry on a personal or belongings hunt. or to obtain a warrant for apprehension. etc. when condemnable charges are being considered.

12. The exclusionary regulation is a legal rule in the United States. under constitutional jurisprudence. which holds that grounds collected or analyzed in misdemeanor of the defendant’s constitutional rights is sometimes inadmissible for a condemnable prosecution in a tribunal of jurisprudence.

13. Some of the things you can make in the “real world” you can non make in school.

14. The American Civil Liberties Union ( ACLU ) is a nonpartizan non-profit organisation whose declared mission is “to defend and continue the single rights and autonomies guaranteed to every individual in this state by the Constitution and Torahs of the United States. In the old ages following World War I. America was gripped by the fright that the Communist Revolution that had taken topographic point in Russia would distribute to the United States. As is frequently the instance when fright outweighs rational argument. civil autonomies paid the monetary value. In November 1919 and January 1920. in what notoriously became known as the “Palmer Raids. ” Attorney General Mitchell Palmer began rounding up and behaving alleged groups. Thousands of people were arrested without warrants and without respect to constitutional protections against improper hunt and ictus. Those arrested were viciously treated and held in atrocious conditions.

15. ·A wharf proprietor sued the metropolis of Baltimore for economic loss occasioned by the city’s recreation of watercourses. which lowered the H2O degree around his piers. He claimed that the metropolis took his belongings without merely compensation in misdemeanor of the Fifth Amendment. ·Gideon is a landmark instance in United States Supreme Court history. In the instance. the Supreme Court nem con ruled that province tribunals are required under the Fourteenth Amendment to supply advocate in condemnable instances for suspects who are unable to afford to pay their ain lawyers. widening the indistinguishable demand made on the federal authorities under the Sixth Amendment ·The Supreme Court determination in Miranda v. Arizona required ( for the first clip ) that person accused of a offense be informed of his or her constitutional rights prior to question. This protected the rights of the accused. or the suspect. in two new ways:

1 ) It educated the individual about relevant constitutional rights ; and 2 ) It inhibited jurisprudence enforcement functionaries from conflicting those rights by using the Exclusionary Rule to any testimony/incriminating statements the suspect made unless he deliberately waived his rights. ·State Courts are held to the same criterion as Federal Courts when grounds is obtained without the usage of a hunt warrant. guaranting stuff obtained without a legitimate hunt warrant or likely cause can non be used to prosecute a suspect in any tribunal. This was an of import application of the Bill of Rights to condemnable process. ·Gitlow v. New York was a determination by the United States Supreme Court decided on June 8. 1925. which ruled that the Fourteenth Amendment to the United States Constitution had extended the range of certain restrictions on federal authorities authorization set Forth in the First Amendment—specifically the commissariats protecting freedom of address and freedom of the press—to the authoritiess of the single provinces.

16. The U. S Constitution safeguards the rights of Americans to privateness and personal liberty. Although the Constitution does non explicitly supply for such rights. the U. S. Supreme Court has interpreted the Constitution protect these rights. specifically in the countries of matrimony. reproduction. abortion. private consensual homosexual activity. and medical intervention. State and federal Torahs may restrict some of these rights to privateness. every bit long as the limitations meet trials that the Supreme Court has set away. each affecting a reconciliation of an individual’s right to privacy against the state’s compelling involvements. Such compelling involvements include protecting public morality and the wellness of its citizens and bettering the quality of life. In Griswold v. Connecticut. 381 U. S. 479 ( 1965 ) . the State of Connecticut convicted two individuals as accoutrements for giving a married twosome information on and a prescription for a birth-control device. The U. S. Supreme Court overturned the strong beliefs and found the Connecticut jurisprudence to be unconstitutional because it violated a right to privateness in the matrimonial relation.

Civil Rights

1. The Thirteenth. Fourteenth. and Fifteenth Amendments were of import to the Civil Rights Movement.

2. Its Equal Protection Clause requires each province to supply equal protection under the jurisprudence to all people within its legal power. This clause was the footing for Brown v. Board of Education ( 1954 ) . the Supreme Court determination which precipitated the dismantlement of racial segregation in United States instruction. and for Reed v. Reed ( 1971 ) . where the Supreme Court struck down a jurisprudence based on gender ( with no “rational relationship to a province objective” ) — the first such application based on sex.

3. Legislation often involves doing categorizations that either advantage or disfavor one group of individuals. but non another. States allow 20-year-olds to drive. but don’t allow 12-year-olds thrust. Indigent individual parents receive authorities fiscal assistance that is denied to millionaires. Obviously. the Equal Protection Clause can non intend that authorities is obligated to handle all individuals precisely the same–only. at most. that it is obligated to handle people the same if they are “similarly circumstanced. ” Over recent decennaries. the Supreme Court has developed a three-tiered attack to analysis under the Equal Protection Clause.

4. ·There were 3 thing said that twenty-four hours that would chage the manner people looked at bondage -The tribunal said that apprehension Scott had no right to action because the framers of the Constitution ( establishing male parents ) didn’t intend for inkinesss to be treated like citizens. Congress had no right/authority to take away a person’s belongings. ( Slaves frequently thought of as belongings ) An if slaves were belongings the federal authorities could non curtail the slave maestro from conveying an lodging the on federal land that been away bounds to break one’s back proprietors. The Missouri via media was unconstitutional. ·The Plessy instance does non impact society. It was overturned by Brown vs. Board of instruction in 1954. However. as a subscriber noticing on this station. I must state that it led to farther difference over civil rights which finally led to the Supreme Court reconsidering their determination in Brown v. Board of instruction and finally turn overing it. · Brown v. Board of Education was a landmark United States Supreme Court instance in which the Court declared province Torahs set uping separate public schools for black and white pupils unconstitutional.

·U. S. was an of import United States Supreme Court instance covering with the busing of pupils to advance integrating in public schools. After a first test traveling to the Board of Education. the Court held that busing was an appropriate redress for the job of racial instability in schools. even when the instability resulted from the choice of pupils based on geographic propinquity to the school instead than from calculated assignment based on race.

5. They deliberated for a twelvemonth. at which point they issued a 2nd opinion. Brown II. which avoided stipulating what kind of racial balance might represent conformity. Brown II stated that integration should be carried out with “all deliberate velocity. ”

6. De jure ( Latin for “from the law” ) segregation is the separation of people on the footing of race as required by by jurisprudence. For illustration. after the Civil War and the stoping of bondage by the 13th Amendment to the Constitution ( 1865 ) . the authoritiess of the former slave provinces found new ways to know apart against black Americans.

They enacted Torahs to necessitate separate public installations for inkinesss and Whites. Blacks were required. for illustration. to go to separate schools. to utilize separate public remainder suites. and to utilize separate public imbibing fountains. The separate installations for inkinesss were supposed to be equal to the installations provided for Whites. This “separate but equal” philosophy was endorsed by the Supreme Court determination in Plessy v. Ferguson ( 1896 ) . In world. nevertheless. the installations for black people were seldom. if of all time. equal in quality to those provided for Whites.

Racial separation that exists as a affair of usage instead than as a legal demand is known as de facto ( Latin for “in fact” ) segregation. For illustration. one vicinity may include merely white households. and another nearby vicinity may include lone black households. However. this racial segregation may hold developed informally in response to societal and economic factors. non as a demand of the jurisprudence. De jure segregation has been declared unconstitutional 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 instances the Court outlawed racial favoritism in other countries 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 statute law in the United States that outlawed major signifiers of favoritism against racial. cultural. national and spiritual minorities. and besides adult females. It ended unequal application of elector enrollment demands and racial segregation in schools. at the workplace and by installations that served the general public known as “public accommodations” .

8. The 1965 Voting Rights Act was a natural follow on to the 1964 Civil Rights Act. Ironically. the 1964 Act had resulted in an eruption of force in the South. White racialists had launched a run against the success that Martin Luther King had had in acquiring African Americans to register to vote. The force reminded Johnson that more was needed if the civil rights issue was to be appropriately reduced.

9. The Twenty-fourth Amendment prohibits both Congress and the provinces from conditioning the right to vote in federal elections on payment of a canvass revenue enhancement or other types of revenue enhancement. The amendment was proposed by Congress to the provinces on August 27. 1962. and was ratified by the provinces on January 23. 1964.

10. White primaries were primary elections in the Southern States of the United States of America in which any colored elector was prohibited from take parting.

11. Shaw v. Reno was a United States Supreme Court instance argued on April 20. 1993. The opinion was important in the country of redistricting and racial gerrymandering. The tribunal ruled in a 5-4 determination that redistricting based on race must be held to a criterion of rigorous examination under the equal protection clause. On the other manus. organic structures making redistricting must be witting of race to the extent that they must guarantee conformity with the Voting Rights Act. The redistricting that occurred after the 2000 nose count was the first countrywide redistricting to use the consequences of Shaw v. Reno.

12. Korematsu v. United States was a landmark United States Supreme Court instance refering the constitutionality of Executive Order 9066. which ordered Nipponese Americans into internment cantonments during World War II regardless of citizenship. In a 6-3 determination. the Court sided with the authorities. opinion that the exclusion order was constitutional. Six of eight Roosevelt campaigners sided with Roosevelt. The solitary Republican campaigner. Owen Roberts dissented. The sentiment. written by Supreme Court justness Hugo Black. held that the demand to protect against espionage outweighed Fred Korematsu’s single rights. and the rights of Americans of Nipponese descent. ( The Court limited its determination to the cogency of the exclusion orders. adding. “The commissariats of other orders necessitating individuals of Nipponese lineage to describe to assembly centres and supplying for the detainment of such individuals in assembly and resettlement centres were separate. and their cogency is non in issue in this proceeding. ” ) During the instance. Solicitor General Charles Fahy is alleged to hold suppressed grounds by maintaining from the Court a study from the Office of Naval Intelligence bespeaking that there was no grounds that Nipponese Americans were moving as undercover agents or directing signals to enemy pigboats.