15.4.1
Protection of Civil Liberties & Rights
Supreme Court and Bill of Rights
Supreme Court and Bill of Rights
Civil liberties and rights are protected by the US Constitution through the Bill of Rights. The Supreme Court is responsible for upholding rights and liberties.
Supreme Court
Supreme Court
- The Supreme Court uses judicial review to protect the rights and liberties of Americans.
- The Supreme Court protects rights by ruling based on constitutional rights.
- The Supreme Court has established new rights by re-interpreting the Constitution.
- In the 2015 case of Obergefell v Hodges, the Court gave same-sex couples the right to marry.
Bill of Rights
Bill of Rights
- The Bill of Rights contains the first 10 amendments to the US Constitution.
- The Bill of Rights includes the First Amendment freedom of religion and speech, the Second Amendment right to bear arms, the Fifth Amendment right to life, liberty and property, and the Eighth Amendment which forbids cruel and unusual criminal punishment.
1st Amendment protection
1st Amendment protection
- The Supreme Court has ruled in cases on the 1st Amendment freedom of religion.
- In the 2014 Town of Greece v Galloway case, the Court ruled that city and town councils could start meetings with prayers.
- The Supreme Court has ruled in cases on the First Amendment freedom of speech.
- In the 2011 Snyder v Phelps case, the court ruled that the Westboro Baptist Church had the right to carry out anti-gay protests at the funerals of soldiers.
2nd Amendment protection
2nd Amendment protection
- The Supreme Court has ruled in cases on the Second Amendment right to bear arms.
- The 2008 District of Columbia v Heller case ruled that a District of Columbia 1976 ruling, which banned handgun ownership and required shotguns and rifles to be kept unloaded, was unconstitutional.
- This ruling upheld the right to bear arms as an individual right to own guns.
5th Amendment protection
5th Amendment protection
- The Supreme Court has ruled in cases on the Fifth Amendment right to silence.
- The 2000 Dickerson v United States case upheld the rights of those who have been arrested to be read their ‘Miranda rights’, which includes the right to remain silent.
8th Amendment protection
8th Amendment protection
- The Supreme Court has ruled on the Eighth Amendment right against cruel and unusual criminal punishment.
- The 2005 Roper v Simmons case ruled against the death penalty for citizens under the age of 18.
- The 2008 Baze v Rees case and 2015 Glossip v Gross case ruled that lethal injection was allowed as a form of the death penalty under the 8th Amendment.
- The 2012 Miller v Alabama case ruled that life sentences without parole should not apply to people under the age of 18.
Other Constitutional Amendments
Other Constitutional Amendments
Civil liberties and rights are protected by more recent constitutional amendments since the Bill of Rights.
Other constitutional amendments
Other constitutional amendments
- There have been 27 amendments made to the US Constitution.
- The 14th Amendment gave all citizens the right to equal protection of the law.
- The 19th Amendment gave women the right to vote.
- The 26th Amendment lowered the voting age from 21 to 18.
Reconstruction Amendments
Reconstruction Amendments
- After the US Civil War, three Constitutional amendments were introduced.
- These amendments were used to help reconstruct the American South, abolish slavery, and give ex-slaves rights.
- The 13th Amendment abolished slavery.
- The 14th Amendment gave all citizens the right to equal protection of the law and gave anyone born in the US American citizenship.
- The 15th Amendment stopped discrimination against race when voting - meaning that all races had the right to vote (if they met other qualifications).
14th Amendment: abortion
14th Amendment: abortion
- Abortion rights have been ruled on by the Supreme Court under the 14th Amendment.
- The 1973 Roe v Wade decision was justified on the basis of the right to privacy, as per the 14th amendment.
14th Amendment: racial minorities
14th Amendment: racial minorities
- The rights of racial minorities have been ruled on under the 14th Amendment.
- The 2016 Fisher v University of Texas case ruled that universities can take race and ethnicity into account in their admissions process.
- The 2003 Gratz v Bollinger case ruled that Michigan University’s affirmative action, which gave an advantage to underrepresented minorities, was unconstitutional because it did not assess individuals but admitted nearly all underrepresented minority applicants.
1Democracy & Participation
1.1Representative & Direct Democracy
1.2Wider Franchise & Suffrage
1.3Pressure Groups & Other Influences
2Political Parties
2.1How Political Parties Work
2.2Established Political Parties
2.3Emerging & Minor Political Parties
3Electoral Systems
3.1Different Electoral Systems
3.2Referendums & How They Are Used
4Voting Behaviour & the Media
5Conservatism
5.1Conservatism: Core Ideas & Principles
5.2Conservatism: Differing Views & Tensions
6Liberalism
6.1Liberalism: Core Ideas & Principles
6.2Differing Views And Tensions Within Liberalism
7Socialism
7.1Socialism: Core Ideas & Principles
7.2Differing Views And Tensions Within Socialism
8The UK Constitution
8.1Nature & Sources of UK Constitution
8.2Constitutional Change since 1997
8.3Role & Powers of Devolved UK Bodies
9The UK Parliament
9.1Houses of Parliament
9.2Comparative Powers
9.3Legislative Process
10The Prime Minister & the Executive
10.1The Executive
10.2Ministerial Responsibility
10.3Prime Minister & the Cabinet
10.3.1Role of the Prime Minister
10.3.2Prime Minister's Powers
10.3.3Limits on the Prime Minister's Powers
10.3.4Role of the Cabinet
10.3.5Prime Minister & Cabinet: Relations
10.3.6Prime Minister & Cabinet: Balance of Power
10.3.7Prime Minister & Cabinet: Case Studies
10.3.8End of Topic Test - PM & Cabinet
10.3.9Top Grade AO3/4 - PM & Cabinet
11Relationships Between Government Branches
11.1The Supreme Court
11.2Parliament & Executive Relations
11.3The European Union & the UK
11.4Sovereignty in the UK Political System
12US Constitution & Federalism
12.1Nature of the US Constitution
12.2Principles of the US Constitution
12.3Federalism
13US Congress
13.1Structure of Congress
13.2Functions of Congress
14US Presidency
14.1Presidential Power
14.2The Presidency
14.3Interpretations & Debates of the US Presidency
15US Supreme Court & Civil Rights
15.1Nature & Role of Supreme Court
15.2Supreme Court Appointment Process
15.3The Supreme Court & Public Policy
15.4Protection of Civil Liberties & Rights
15.5Debates & Interpretations of the Supreme Court
16US Democracy & Participation
16.1Presidential Elections
16.2Electoral College
16.3Electoral Campaigns
16.4Incumbency
16.5Democrats & Republicans
16.6Internal Conflict & Ideology
16.7Support & Demographics
17Comparing Democracies
17.1Theoretical Approaches
17.2UK & USA Similarities & Differences
17.2.1Constitution: Nature
17.2.2Constitution: Provisions & Principles
17.2.3Federal System & Devolution
17.2.4Legislative: Lower Houses of Government
17.2.5Legislative: Upper Houses of Government
17.2.6Legislative: Powers & Functions
17.2.7Executive
17.2.8Supreme Court
17.2.9Supreme Court: Judicial Independence
17.2.10Civil Rights
17.2.11Civil Rights: Interest Groups
17.2.12Party Systems & Parties
17.2.13Campaign Finance & Pressure Groups
17.2.14End of Topic Test - Comparing UK & US
17.2.15Application Questions - UK & USA
18Feminism
18.1Feminism: Core Ideas & Principles
18.2Different Types of Feminism
19Nationalism
19.1Nationalism: Core Ideas & Principles
19.2Different Types of Nationalism
Jump to other topics
1Democracy & Participation
1.1Representative & Direct Democracy
1.2Wider Franchise & Suffrage
1.3Pressure Groups & Other Influences
2Political Parties
2.1How Political Parties Work
2.2Established Political Parties
2.3Emerging & Minor Political Parties
3Electoral Systems
3.1Different Electoral Systems
3.2Referendums & How They Are Used
4Voting Behaviour & the Media
5Conservatism
5.1Conservatism: Core Ideas & Principles
5.2Conservatism: Differing Views & Tensions
6Liberalism
6.1Liberalism: Core Ideas & Principles
6.2Differing Views And Tensions Within Liberalism
7Socialism
7.1Socialism: Core Ideas & Principles
7.2Differing Views And Tensions Within Socialism
8The UK Constitution
8.1Nature & Sources of UK Constitution
8.2Constitutional Change since 1997
8.3Role & Powers of Devolved UK Bodies
9The UK Parliament
9.1Houses of Parliament
9.2Comparative Powers
9.3Legislative Process
10The Prime Minister & the Executive
10.1The Executive
10.2Ministerial Responsibility
10.3Prime Minister & the Cabinet
10.3.1Role of the Prime Minister
10.3.2Prime Minister's Powers
10.3.3Limits on the Prime Minister's Powers
10.3.4Role of the Cabinet
10.3.5Prime Minister & Cabinet: Relations
10.3.6Prime Minister & Cabinet: Balance of Power
10.3.7Prime Minister & Cabinet: Case Studies
10.3.8End of Topic Test - PM & Cabinet
10.3.9Top Grade AO3/4 - PM & Cabinet
11Relationships Between Government Branches
11.1The Supreme Court
11.2Parliament & Executive Relations
11.3The European Union & the UK
11.4Sovereignty in the UK Political System
12US Constitution & Federalism
12.1Nature of the US Constitution
12.2Principles of the US Constitution
12.3Federalism
13US Congress
13.1Structure of Congress
13.2Functions of Congress
14US Presidency
14.1Presidential Power
14.2The Presidency
14.3Interpretations & Debates of the US Presidency
15US Supreme Court & Civil Rights
15.1Nature & Role of Supreme Court
15.2Supreme Court Appointment Process
15.3The Supreme Court & Public Policy
15.4Protection of Civil Liberties & Rights
15.5Debates & Interpretations of the Supreme Court
16US Democracy & Participation
16.1Presidential Elections
16.2Electoral College
16.3Electoral Campaigns
16.4Incumbency
16.5Democrats & Republicans
16.6Internal Conflict & Ideology
16.7Support & Demographics
17Comparing Democracies
17.1Theoretical Approaches
17.2UK & USA Similarities & Differences
17.2.1Constitution: Nature
17.2.2Constitution: Provisions & Principles
17.2.3Federal System & Devolution
17.2.4Legislative: Lower Houses of Government
17.2.5Legislative: Upper Houses of Government
17.2.6Legislative: Powers & Functions
17.2.7Executive
17.2.8Supreme Court
17.2.9Supreme Court: Judicial Independence
17.2.10Civil Rights
17.2.11Civil Rights: Interest Groups
17.2.12Party Systems & Parties
17.2.13Campaign Finance & Pressure Groups
17.2.14End of Topic Test - Comparing UK & US
17.2.15Application Questions - UK & USA
18Feminism
18.1Feminism: Core Ideas & Principles
18.2Different Types of Feminism
19Nationalism
19.1Nationalism: Core Ideas & Principles
19.2Different Types of Nationalism
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