1. Freedom of Religion Establishment Clause Standards for constitutionality of laws regarding religion –Law has secular/non-religious purpose –Law’s primary effect is neutral –Law doesn’t foster excessive entanglement by government in religion

2. School voucher programs ok, Display of religious artifacts (nativity scene) ok under some circumstances

3. Freedom of religion Free Exercise Clause –Not absolute –Court: Laws that have a compelling purpose (such as securing public order) while only INDIRECTLY affecting religion are constitutional –1993 RFRA (Religious Freedom Restoration Act)

4. Rights of the accused Due process (general standard of fairness) Protection against unreasonable searches and seizures (4 th Amendment) Protection against self-incrimination (pleading the 5 th ) – Miranda warning (1966)

5. Right to trial by impartial jury (6 th ) – includes right to a lawyer even if you’re poor Protection against cruel and unusual punishment (8 th amendment) Right to bear arms (2 nd amendment) – “A well regulated militia being necessary to the security of a free State, the right of the people to bear arms shall not be infringed.”

6. Right to privacy Where in the constitution? Since 1960s Court has recognized a constitutionally protected “zone of privacy” free of government intervention – comes out of 4 th and 9 th amendments. Right to use contraception, protection for homosexual acts Abortion, Right to Die, Doctor-assisted suicide

7. CIVIL RIGHTS Defined: Protections against arbitrary discrimination by government or by other people because of personal characteristics such as race or gender

8. CIVIL RIGHTS & AFRICAN AMERICANS 13 th Amendment – 1865 abolishes slavery 14 th – 1868 - Guarantees full citizenship and equal rights (but not to native Americans) No state shall make/enforce any law abridging privileges and immunities of citizens of US, guarantees due process & equal protection 15 th – 1870 – no state can interfere with right to vote on acct of previous servitude, race, color

9. Supreme Court and Civil Rights of African Americans Plessy v. Ferguson 1896- separate does not mean unequal Brown v. Board of Ed 1954 – overturns separate but equal doctrine Swann v. Charlotte-Mecklenburg County Schools 1971 – busing ok to assure desegregation but only DE JURE segregation, not DE FACTO