Civil Liberties Final Review 2024 PDF

**POLS3314 CMWA: Civil Liberties -- Baruch College, Fall 2024** **Final Examination Study Guide** **Important Terms/Cases to Know** 1. Writ of Habeas Corpus -- What it means/who can suspend it a. "Bring forth the body." Someone has the right to be told of what they stand accused of...

**POLS3314 CMWA: Civil Liberties -- Baruch College, Fall 2024** **Final Examination Study Guide** **Important Terms/Cases to Know** 1. Writ of Habeas Corpus -- What it means/who can suspend it a. "Bring forth the body." Someone has the right to be told of what they stand accused of. b. Can be suspended "in times of insurrection or rebellion...the Congress may require it." 2. Hamdan v. Rumsfeld (2006) c. The Court ruled that the Geneva Conventions, as a part of the ordinary laws of war (to which the United States was bound), could be enforced through habeas corpus petitions.   d. Further, the Court ruled that the President did not have the authority to authorize military tribunals in this case 3. Bill of Rights -- First 10 Amendments (each Amendment is IMPORTANT to know!) e. 1^st^ -- "Congress shall make no law" abridging freedom of speech, press, establishment of religion, petition, or assembly. f. 2^nd^ -- "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." g. 3^rd^ -- Protections against quartering of soldiers in the home h. 4^th^ -- Protections against unreasonable searches and seizures (unless a warrant is issued) i. 5^th^ -- Protections against self-incrimination; double-jeopardy; and no one shall be deprived of "life, liberty, or property" (at federal level) without due process. j. 6^th^ -- Right to legal representation and trial by jury (criminal cases) k. 7^th^ -- Same rights as 6^th^, but for civil cases l. 8^th^ -- Protections against "cruel and unusual punishments" and "excessive fines." m. 9^th^ -- "The enumeration of certain rights" does not "deny or disparage" others retained by the people n. 10^th^ -- Powers not explicitly granted to Congress, nor forbidden to states, are reserved to the states (or to the people) 4. 13^th^ Amendment o. Abolition of slavery and involuntary servitude (except in cases where one has been convicted) 5. 14^th^ Amendment p. Provides that "No State shall" deprive individuals of "life, liberty, or due process of the law." This provides for a process known as "selective incorporation," where civil liberties are now applied at the State Level. q. Also grants birthright citizenship, equal protection, due process, and protection from state abridgement of privileges and immunities. 6. Defamation, Libel and Slander -- How are they proven? What differentiates them? Burden of proof? r. Libel -- Written statements of defamation s. Slander -- Spoken statements of defamation t. Proven by the victim, who must prove that what was said was false; that they suffered injury; and that the aggressor did so with malicious intent u. Public figures and officials have a much higher burden of proof than a private individual 7. Current Justices of the Supreme Court/Constitutional Cap on membership v. Clarence Thomas (Bush Sr) w. John Roberts (Chief Justice, Bush Jr) x. Samuel Alito (Bush Jr) y. Sonia Sotomayor (Obama) z. Elena Kagan (Obama) a. Neil Gorsuch (Trump) b. Brett Kavanaugh (Trump) c. Amy Coney Barrett (Trump) d. Ketanji Brown Jackson (Biden) i. There is no constitutional cap on membership; it could increase or decrease, but the number has been set at 9 for quite some time. 8. Qualifications for Court Membership/Process for confirmation e. No qualifications, other than being nominated and confirmed 9. Strict Scrutiny Test -- What are the 3 components? What case is it derived from (hint: "Footnote 4")? Who has burden of proof? f. 3 Components of Strict Scrutiny -- Compelling Interest, Least-Restrictive Means, Narrow-Tailoring g. Derived from *US v. Carolene Products (1938)* h. Here, one of the justices outlined a process in "Footnote 4," which inspired a rational basis test (and later strict scrutiny) 10. Marbury v. Madison -- Judicial Review i. Midnight Judges -- John Marshall becomes Chief Justice j. Case established the ability of the Court to determine constitutionality of actions (Judicial Review) 11. Difference between "civil liberties" and "civil rights." k. Civil Liberties -- Freedoms *from* government intrusion. l. Civil Rights -- Concept of being treated *equally* under the law 12. Judicial Activism v. Judicial Restraint m. Activism -- When the Court takes on cases in additional realms, which it has not previously done, or has refused to do. n. Restraint -- When the Court refuses to take on cases in certain realms, leaving the decision elsewhere o. Courts have become an increased choice in "venue shopping," or when interest groups determine which branch of government is most likely to provide an answer to an issue. 13. Standing/Mootness p. Standing -- To prove you have the ability to sue. Some form of injury and pertinent answer needs to be proven to have standing. q. Mootness -- When the case matter is either solved, or no longer applicable. 14. Rights guaranteed PRIOR to Amendments -- Habeas Corpus, Bill of Attainder, Ex Post Facto r. Habeas Corpus -- "Bring forth the body." You have a right to be brought forth and told what you stand accused of. s. Bill of Attainder -- The concept of being sentenced and convicted without a trial. t. Ex Post Facto -- When a law is used to retroactively punish someone, for a crime that was not illegal at the time they did it. 15. Stare Decisis -- "Let the Decision Stand" u. A concept for the Supreme Court, that it should let previous decisions stay in place, rather than constantly review and overturn them. 16. The Constitution -- What is it, according to its "Article VI?" v. "The Supreme Law of the Land" 17. Minersville School District v. Gobitis and Virginia Board of Regents v. Barnette w. Cases involving Jehovah's Witnesses. Students refused to salute the flag, as it violated their religious beliefs. x. In the Gobitis case, the Court ruled against the students, arguing that in the context of the Second World War, patriotism was of high importance. y. In the Barnette case, the Court reversed its decision, finding that compelling someone to perform a type of speech violates the First Amendment. 18. Tinker v. Des Moines School District z. Students had worn armbands in protest of the Vietnam War. Some were suspended for their actions. a. The Court ruled here that the wearing of armbands constitutes "symbolic speech," and therefore is protected under the First Amendment. 19. Prior Restraint b. An action by the government, in which it prevents the publication of certain information, normally on the basis of protecting national security. c. This is rarely granted by Courts, as outlined in the *Near v. Minnesota* case. 20. Schenck v. United States d. Schenck had been handing out pamphlets, in protest of the draft during the First World War. He was convicted for speech that hurt the war effort. e. Court ruled against his actions, saying that certain speech constitutes a "clear and present danger" that Congress has a reason to prevent and address. 21. Brandenburg v. Ohio f. Expanded on the Schenck v. US decision, finding that speech should only be prevented if it will lead to "imminent lawless action." g. Concerned a White Supremacist leader, who wanted to make a public speech in Ohio. 22. Commonwealth v. Carter h. Carter, through the use of text messages, had encouraged her friend to commit suicide i. First Amendment does not protect you from speech that hurts others, including that in which they harm themselves 23. Pentagon Papers -- What were they? j. List of documents drawn up by the government, which detailed a large degree of corruption and scandal related to the Vietnam War. The Nixon Administration, fearful that they would hurt the war effort, put forth actions to prevent their publication. 24. NY Times/WaPost v. US k. Case arising from the Pentagon Papers' publication in the New York Times and Washington Post. l. The Court ruled that the Nixon Administration's attempts at prior restraint, and to prevent future publication of the papers, violated the First Amendment. National Security was not enough to justify this type of action. 25. Moreland, "The H-Bomb Secret" m. Moreland had published regarding how to make atomic weapons. He had obtained the information legally -- by going to cocktail parties and having scientists openly tell him the information. n. Court ruled that this information should not be disclosed, due to severe national security threats. 26. Right to be Forgotten o. Concept that one's digital footprint can and should be erased if requested. In one notable instance, a German murderer secured the deletion of his name from online news sources. 27. Warren and Brandeis, "Right to Privacy" -- p. In one of the first legal works on privacy, Warren and Brandeis proclaim that it implies a "right to be left alone." 28. Buck v. Bell q. Case arising following the sterilization of Americans who were deemed "imbecilic" and could supposedly "pass on" their lack of intelligence to future generations r. Buck had resided in a community for mental health patients. She was forcibly sterilized, and the Court upheld the ability of the State to do so. 29. Griswold v. Connecticut s. Case where the Court found that a "right to privacy" is implied by the Constitution, particularly regarding the use of contraceptives. This case paved the way for the reasoning behind other cases involving privacy, namely Roe v. Wade. 30. Roe v. Wade -- Opinion by Blackmun. Trimester Framework/Right to Privacy implied by Amendments t. Norma McCorvey (Jane Roe) was pregnant with her third child. She had the baby, which was put up for adoption. u. Her lawyers said the case was not "moot," because: 1) "Roe" could become pregnant again; 2) the human gestation period is too short for a case to be concurrently decided; and 3) because it is a question faced by women nationwide. v. Harry F. Blackmun wrote the opinion. He did not make any determinations of where life begins; rather, he focused on a trimester framework, creating a metric of when states could proclaim interest in getting involved with decisions to terminate pregnancies w. Trimester Framework -- Up to the end of the First Trimester, the right to terminate a pregnancy is protected; as the trimesters progress, however, states can proclaim interest and further restrict the right. 31. Planned Parenthood v. Casey -- Trifecta of Souter, Kennedy, and O'Connor shifted decision. "Undue Burden" standard. Which provision of the law in this case was deemed an "undue burden?" x. Court expanded on the Trimester Framework to apply an "Undue Burden" standard of laws that can restrict abortion rights. y. In Pennsylvania, the following were the requirements for the procedure being granted: ii. 24-hour waiting period iii. Parental Consent (if under 18) iv. Spousal Consent z. The Court struck down the Spousal Consent provision as an undue burden. 32. Whole Women's Health v. Hellerstedt a. Texas had passed a House Bill, which placed strong requirements for clinics (and physicians) performing abortion procedures. These included requiring clinics to have standards for ambulatory services, and physicians to have admitting privileges at hospitals within 30 miles. b. The Court ruled that these requirements constituted undue burdens, in line with the *Planned Parenthood v. Casey* standard. 33. Dobbs v. Jackson -- Opinion by Alito. Historical tradition and abortion rights. "Substantive due process should be overturned." c. Case in which the Court overturned Roe v. Wade, and relegated authority over abortion rights to states. Many states had "trigger laws" which became effective immediately after the decision. d. In writing the opinion, Justice Samuel Alito argues that the right to abortion is not "deeply rooted" in historical tradition. e. In his concurrence, Justice Clarence Thomas noted that cases such as Roe, which were decided on basis of "substantive due process," or by looking at protections implied by the Constitution, should be revisited and overturned. 34. Bostock v. Clayton County f. Bostock was a homosexual man, whose participation in a gay softball league was discovered. Clayton County later terminated him, after investigating his work as an employee. He sued, claiming the investigation was staged, based on his sexual orientation. g. He sued under Title VII of the Civil Rights Act. The question was whether discrimination "...on the basis of sex" also covered protections based on sexual orientation. The Court ruled that it did. 35. Skinner v. Oklahoma h. Case concerning an Oklahoma law, which required sterilization for criminals. The scientific consensus at the time was that criminals could pass 36. Euthanasia -- Passive and Active. i. Comes from the Greek words "Eu" and "Thanos," meaning "a good death." j. Passive -- When there is no medical intervention, and death takes its course; doctors do not save the individual. k. Active -- When medical intervention induces/assists death. It has been argued for in cases where death is already imminent (i.e. terminal illness). 37. In re Quinlan l. Case of Karen Quinlan, who consumed intoxicants while on a crash diet, and entered a coma. She woke from it, but with permanent brain damage. Because she was only 18 at the time of the coma, she had no directives for ending treatment. She eventually died 9 years later, but never regained the ability to speak or live independently. 38. Cruzan v. Director of Missouri Dept. of Health m. Case of Nancy Beth Cruzan, who was injured in a car accident. The resulting brain damage resulted in her being put on life support. She had no living will, but her parents pushed to have her feeding tube removed; the State intervened, and the Court ruled that because her wishes were not clear, it could not be removed. n. In the end, on appeal, testimony from her co-workers indicated that she would not have wanted to be on life support. Cruzan's feeding tube was subsequently removed, and she passed away shortly after. 39. Superintendent v. Saikewicz o. Saikewicz was 67 years old, and had an IQ of 10. Upon a visit to the emergency room, it was discovered that he had Stage IV cancer, which was terminal. Further, chemotherapy treatment was deemed more dangerous, given his age, than it would have been for someone younger. p. The Courts ruled that, given the situation, treatment did not have to be imposed; they let the illness take its course. Though he could not consent to the passive euthanasia, he also could not consent to chemotherapy. 40. Bowers v. Hardwick q. Police were investigating Hardwick for a separate charge of public intoxication. When they searched his house, he was arrested for engaging in sexual activity with another man, and violating a state sodomy law. r. The Court ruled that there were no constitutional protections for sodomy. 41. Lawrence v. Texas s. Case that overturned the Bowers v. Hardwick case. Here, Lawrence's home was searched, and he was caught violating a Texas Sodomy Law. However, in this case, the law only applied to homosexual sodomy. t. The court overruled *Bowers* here, arguing that criminalizing sodomy was unconstitutional. 42. Masterpiece Cakeshop v. Colorado Civil Rights Commission u. The owner of Masterpiece Cakeshop refused to bake a cake for a same-sex couple. They sued under the Colorado Civil Rights law. v. The Court ruled that the Cakeshop had the right, under the Free Exercise Clause of the First Amendment, to refuse service on religious grounds. 43. United States v. Windsor w. Edith Windsor inherited the estate of her deceased spouse. However, because they had a same-sex marriage, it was not recognized at the federal level, and she could not qualify for a spousal exemption to a tax on the estate. x. In this case, the Court ruled that the Defense of Marriage Act (DOMA) was unconstitutional, under the Equal Protection Clause of the 14^th^ Amendment. 44. Obergefell v. Hodges y. Case where the court ruled that, under the Equal Protection Clause of the 14^th^ Amendment, same-sex couples have the right to marry. Further, all states must recognize marriages from other states. 45. Signing Statements z. Actions by Presidents when signing legislation into law. The most notable example is George W. Bush, who issued one when he signed the Detainee Treatment Act of 2005. a. Their applicability and legitimacy is disputed, but Presidents have issued them to reiterate support for a bill; to show disagreement with a bill; or to clarify their interpretation of the bill. 46. Supreme Court cases -- How are they conducted? b. Conducted without media, film, or photography. Only audio recordings exist.