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Following are possible answers for each section of the Reading Notes.
Section 2
1. Civil liberties are freedoms that are an individual’s birthright, such as the freedoms of speech,
religion, and assembly. They are not something
the government can legitimately take away.
Civil rights are rights of citizenship that come
with being a member of society, such as the
right to a trial by jury and the right to legal
counsel.
2. The Fourteenth Amendment denies the states
the ability to infringe on civil liberties and
rights. Though narrowly interpreted at first, the
amendment eventually prevented states from
abridging the rights of U.S. citizens. In Gitlow
v. New York, the Court reversed the previous limitations it had set on the Fourteenth
Amendment and held that the Due Process
Clause extended the reach of the Bill of Rights
to the states.
3. The Supreme Court reviews the decisions made
by lower courts. It does not retry cases. If the
Court reverses a decision made by a lower
court, the case usually returns to a lower appeals court to allow for a decision that fits with
the current Supreme Court opinion.
Sections 3 to 6
Illustrations will vary.
First Amendment
Rights protected: The First Amendment guarantees
the separation of church and state, establishes that
people are free to follow the religious practices of
their choice, allows citizens to express ideas freely,
protects the media from censorship, and allows
people to assemble and to petition the government
about grievances.
Precedents: In Engel v. Vitale, the Court struck
down state-sponsored prayer in schools. In Lemon
v. Kurtzman, the Court established the “Lemon
test” to determine whether the Establishment
Clause has been violated. In West Virginia Board
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of Education v. Barnette, the Court held that the
government must show a compelling interest in
forcing people to obey a law that violates their
religious convictions. In Brandenburg v. Ohio, the
Court created a two-part test to determine whether
speech creates a “clear and present danger.” In
Texas v. Johnson, the Court held that flag burning
is protected symbolic speech. In Near v. Minnesota,
the Court declared that government attempts at
prior restraint are unconstitutional, except under
special circumstances.
Second Amendment
Rights protected: This amendment guarantees citizens the right to own firearms.
Precedent: In United States v. Miller, the Court
supported the conviction of two men who had not
registered a sawed-off shotgun on the grounds
that because militias would not use these guns, the
government has a right to regulate them.
Third Amendment
Rights protected: This amendment prohibits citizens from being forced to house soldiers.
Fourth Amendment
Rights protected: This amendment protects people’s privacy by prohibiting unreasonable searches
and seizures without a warrant and ensuring that
a warrant is issued only if there is probable cause
and if police are specific about what they are looking for.
Precedents: In Katz v. United States, the Court
established the notion of a “reasonable expectation
of privacy” when deciding whether a warrant is
needed. In Terry v. Ohio, the Court expanded the
rights of police to search individuals if they have a
reasonable justification for doing so.
Fifth Amendment
Rights protected: This amendment protects suspects from self-incrimination. It also protects them
against double jeopardy and says that the governThe Bill of Rights and Civil Liberties 1
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ment cannot take property for public use without
paying a fair price for it.
Precedent: In Miranda v. Arizona, the Court set
forth a procedure for ensuring that suspects know
their rights, now called Miranda rights.
Sixth Amendment
Rights protected: This amendment explains how
trials are to be carried out to protect the rights of
the accused: quickly, publicly, and in front of a
jury, with all evidence presented to the defendant,
who has the right to legal counsel.
Precedents: In Gideon v. Wainwright, the Court determined that the guarantee of a lawyer should not
depend on a defendant’s ability to pay. In Sheppard
v. Maxwell, the Court determined that press coverage should not interfere with a defendant’s right to
due process.
Ninth Amendment
Rights protected: This amendment acknowledges
that rights other than those specified in these
amendments may exist and offers protection of
these unenumerated rights.
Precedent: In Griswold v. Connecticut, the Court
declared that the Ninth Amendment includes the
right to privacy.
Tenth Amendment
Rights protected: This amendment limits the powers of the federal government to those specifically
granted by the Constitution and reserves other
powers to the states and the people.
Precedent: In United States v. Morrison, the Court
held that violent crime between individuals is an
issue for the states.
Seventh Amendment
Rights protected: This amendment guarantees trial
by jury in most civil lawsuits.
Eighth Amendment
Rights protected: This amendment protects suspects from excessive bail, fines, or cruel and unusual punishment.
Precedents: In In re Kemmler, the Court held that
any method of execution is acceptable, as long as it
does not involve “torture or lingering death.” In
Furman v. Georgia, the Court held that capital
punishment is “cruel and unusual” when inconsistently applied, causing states to rewrite their laws
to apply capital punishment more consistently. In
Gregg v. Georgia, the Court held that the death
penalty is constitutional.
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The Bill of Rights and Civil Liberties 2