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Google slides (unit 3), Oyez, government archives (constitution, bill of rights)

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Affirmative Action is a way of trying to make things better for groups that have been discriminated against in the past and present. Also known as positive discrimination, affirmative action can help black people get into college more easily.

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Equal Protection Clause - 14th Amendment

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Equal Protection Clause - 14th Amendment

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The 14th amendment's equal protection clause states that all people have equal protection of the laws. This was one of the major arguments for the civil rights movement.

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The Civil Rights Act of 1964/ Title IX of the Education Amendments Act of 1972/The Voting Rights Act of 1965

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The Civil Rights Act of 1964/ Title IX of the Education Amendments Act of 1972/The Voting Rights Act of 1965

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Many important things happened during the civil rights movement.
The Civil Rights Act made it illegal to unreasonably discriminate against someone.
Title IX of the Education Amendments Act of 1972 prohibits discrimination against someone based on sex.
The Voting Rights Act of 1965 outlawed discrimination against people to stop them from voting -- put a stop to racist voting laws.

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In Brown v Board of Education of Topeka (1), black students had to walk very far to go to a segregated school, instead of being able to go to a nearby white school. This followed the established doctrine at the time: separate but equal. However, the Supreme Court ruled that separate but equal could never truly be equal, and it instilled inferiority into the black children. This may be the most impactful case in human history, starting integration as well as desegregation.

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In a response to Jim Crow laws and segregation/discrimination in the US, MLK, among other people, led protests and sit-ins. When he was arrested and sent to jail, he wrote a letter in response to clergymen telling him that they sympathized with his cause, but now was not the right time. The letter he wrote was long and made many good points about how he was justified in his actions, and there would never be a "right time to stand up." No matter how long people waited, they would be told to wait longer: "This 'wait' has almost always meant 'never.'" It is not his wish to break the law, but sometimes he has to.

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In de jure discrimination, these are laws, systems, or policies that have been made that discriminate a certain group.
De facto discrimination is much more broad, containing bias of individuals and attitudes of groups that will discriminate against people, sometimes not even intentionally. An example of this is that medical students typically think that black people experience less pain.

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McDonald v Chicago
The Supreme Court decided that the city of Chicago could not ban handguns in a similar way that the District of Columbia could not. The 2nd amendment is a deeply rooted right, and states could not take it away.
Gideon v Wainwright
The Supreme Court ruled that the state of Florida had to provide an attorney in criminal cases. The state of Florida must do this in accord with the sixth amendment, and this right cannot be taken from him.

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When a state passes a law that seems to infringe on a right in the bill of rights, the 14th amendment's due process clause lets helps courts decide whether or not the law is unconstitutional, and if they can pass it.

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5th Amendment
The fifth amendment protects people from being held to a crime or punishment, without being found guilty before a jury. It also protects people from being tried for the same crime twice, or compelled to being a witness against themself. The fifth amendment also protects citizens from having life, liberty, or property be taken from them, without due process of law and compensation.
6th Amendment
The sixth amendment grants the right to a speedy and public trial before a jury in any criminal prosecution, in their state. It also gives them other rights to be informed about what is going on, and ability to get witnesses and legal help.
8th Amendment
The eighth amendment protects people from cruel and unusual punishment for a crime. It also protects you from excessive bail and excessive fines.

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The fourth amendment in the Bill of Rights protects people from wrongful search and seizure. This liberty is one of the most powerful parts of the constitution, limiting government power and making sure that citizens can have private lives.
The Patriot Act was an anti - terrorism act that can infringe on these rights, granting investigators permission to look into terrorism related crimes.

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"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."
The second amendment grants US citizens the right to have weapons. This right being the second amendment ever made, it is heavily debated upon and interpreted.

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Schenk v US
The Supreme court ruled in this case that during a time of war, people could not distribute anti-draft leaflets. Although it did infringe on the 1st amendment, it is more important to protect the country. The court compared it to shouting "Fire!" in a crowded theater.
New York Times v US
After the New York Times was told not to publish documents that held government secrets, the Supreme Court decided that it infringed on the freedom of press, because the documents would not put anyone in danger.

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Engle v Vitale
Engle v Vitale is a supreme court case where it was ruled that  a public school in the US could not have a mandatory prayer, because it effect students rights to freedom of their own religion, by having the US establish a religion.
Tinker v Des Moines
In Tinker v Des Moines, students wearing black armbands to school as a protest against the war in Vietnam were threatened suspension. The supreme court ruled that the armbands were them practicing freedom of speech, so the school could not suspend them unless they were interrupting learning.
Wisconsin v Yoder
In Wisconsin v Yoder, SCOTUS ruled that the Amish did not have to send their children to high school, because it conflicted with their religion. This case backs up the freedom of religion in the US.

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"The First Amendment provides that Congress make no law respecting an establishment of religion or prohibiting its free exercise. It protects freedom of speech, the press, assembly, and the right to petition the Government for a redress of grievances."
From the white house website, the first amendment is a very important part of US culture. Being able to speak your mind, and practice your own religion is a key part of living in the US.

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Civil rights are things that all citizens should have, and be protected by the government.
Civil liberties are things that the government cannot do to the citizens. In this, citizens are protected from the government.

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The Bill of Rights were the first amendments to the constitution, outlining the rights of the American people.

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On September 25, 1789, the First Congress of the United States proposed 12 amendments to the Constitution. The 1789 Joint Resolution of Congress proposing the amendments is on display in the Rotunda in the National Archives Museum. Ten of the proposed 12 amendments were ratified by three-fourths of the state legislatures on December 15, 1791. The ratified Articles (Articles 3-12) constitute the first 10 amendments of the Constitution, or the U.S. Bill of Rights. In 1992, 203 years after it was proposed, Article 2 was ratified as the 27th Amendment to the Constitution. Article 1 was never ratified.

Transcription of the 1789 Joint Resolution of Congress Proposing 12 Amendments to the U.S. Constitution

Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.

ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.

Article the first... After the first enumeration required by the first article of the Constitution, there shall be one Representative for every thirty thousand, until the number shall amount to one hundred, after which the proportion shall be so regulated by Congress, that there shall be not less than one hundred Representatives, nor less than one Representative for every forty thousand persons, until the number of Representatives shall amount to two hundred; after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred Representatives, nor more than one Representative for every fifty thousand persons.

Article the second... No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.

Article the third... Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Article the fourth... 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.

Article the fifth... No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Article the sixth... The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Article the seventh... No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Article the eighth... In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Article the ninth... In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Article the tenth... Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Article the eleventh... The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Article the twelfth... The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
ATTEST,
Frederick Augustus Muhlenberg, Speaker of the House of Representatives
John Adams, Vice-President of the United States, and President of the Senate
John Beckley, Clerk of the House of Representatives.
Sam. A Otis Secretary of the Senate
Amendments 11-27
The U.S. Bill of Rights

Note: The following text is a transcription of the first ten amendments to the Constitution in their original form. These amendments were ratified December 15, 1791, and form what is known as the "Bill of Rights."

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Amendment II

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.

Amendment III

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Amendment VII

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Amendments 11-27
Note: The capitalization and punctuation in this version is from the enrolled original of the Joint Resolution of Congress proposing the Bill of Rights, which is on permanent display in the Rotunda of the National Archives Building, Washington, D.C.
Back to Main Bill of Rights Page

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get-content name="print-page-left" include-tag="false" /] Note: The following text is a transcription of the enrolled original of the Joint Resolution of Congress proposing the Bill of Rights, which is on permanent display in the Rotunda at the National Archives Museum. The spelling and punctuation reflects the original.