Exam 2

Rights that the government must provide and protect * voting rights * equal opportunity * equal protection under the law

Basic political rights that the government may not infringe

Judicial activism * a doctrine holding that the federal judiciary should take an active role by using its power to check the activities of governmental bodies when those bodies exceed their authority * linked with liberalism Judicial Restraint * a doctrine holding that courts should defer to the decisions made by the elected representatives of the people in the legislative and executive branches when possible * linked with conservatism

Has become much more partisan and ideological

Earl Warren, Warren Burger, William Rehnquist, John Roberts

1st women appointed to the Supreme Court

• Legitimacy (sc works as the referee between gov and states) • interpretation of law • Policy making

Griswold v. CT (1965) - applied parts of the 1,3,4,5, and 9th amend - involves birth control - family owned businesses was arrested for selling birth control to married couples - gov had no business in what families did in own home - right to privacy and right to birth control Roe v. Wade (1973) - gave women right to abortion based on right to privacy - Dobbs v. Jackson Women’s Health Organization overturned this

• involves birth control • family owned business was arrested for selling birth control to married couples • gov had no business in what families did in own home • right to privacy and right to birth control

• gave women right to abortions based on right to privacy • Dobbs v. Jackson Women’s Health Organization (2022) overturned this

De jure: discrimination of people by law aka institutional discrimination (easier to fix bc you’re just changing policy) De facto: social discrimination (harder to fix bc it involves changing people minds/heart)

Using the 14th amend to apply Bill of Rights to the States (what this does is that it allows everyone the same rights in all states)

• involved speech rights • determined that the 14th amendment protected the freedom of speech guaranteed by the First Amendment to the Constitution from state infringement

• involved gov censorship • freedom of the press

• right to counsel • gideon a white male was accused of murder, did not have an attorney and represented himself, he was sentenced to life in prison • he later realized he was entitled to representation and got his conviction overturned

• search and seizure (4th amendment) • exclusionary rule comes out of this

• reading ppl their rights • Miranda a special needs person was accused of assaulting a woman • Did not know his rights, did not have an attorney and confessed to a crime he did not commit

1—6, 8, 9 amendments * did not apply to most people, mostly people who had a problem with the gov

13, 14, 15, 19, 24, 26, amends

• free expression (speech/symbolic speech), free press, freedom of/from religion, assembly (aka protest)/association (marriage or who you associate yourself with), petition

• state militias (due to fear of slave rebellions/attacks from Indian tribes), private means of protection

• freedom from gov surveillance

Warrants/due process, protection for personal property (stuff/belonging)

• freedom from self-incrimination, private property rights (capital assets: land, farm, businesses, etc) / eminent domains