Substantive Law Study Support

Questions for Review and Answers

1. What is the relevance of the Ninth Amendment to the Constitution to the protection of civil rights and liberties?
The Ninth Amendment provides: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” This amendment allowed the courts to find rights even if not specifically spelled out in the Constitution.

2. How has the Supreme Court explained or defined the terms “civil rights” and “liberties”?
According to the Supreme Court, the concept of civil rights and liberties includes protection from laws that discriminate because of such factors as race, color, religion, sex, age, disability, or national origin. It includes the right to fair and just proceedings in both criminal and civil cases. It also includes freedom from unwarranted government control in our personal, political, and economic lives. In Bolling v.
Sharpe, 347 U.S. 497 (1954), the Court explained liberty as follows: “Liberty under

law extends to the full range of conduct which the individual is free to pursue, and it cannot be restricted except for a proper governmental objective.”

3. What sources contain provisions protecting civil rights and liberties?

Several sources contain provisions protecting civil rights and liberties, including the

U.S. Constitution, federal legislation, state constitutions, and state legislation.

4. Define the following: writ of habeas corpus, bill of attainder, and ex post facto laws.
A petition for a writ of habeas corpus is a document filed in court in which a prisoner (or other person in custody) requests that he or she be released from custody.
A bill of attainder is a law that punishes a specific individual or individuals for some act.
Ex post facto laws impose criminal punishment for an act that was not a crime at the time the act occurred or that increase the punishment for a crime.

5. What are the rights found in the Bill of Rights?

The First Amendment lists rights guaranteeing freedom of religion, speech, press, assembly, and rights to petition the government. The Second Amendment addresses the right to bear arms. The Third Amendment prohibits soldiers from being quartered in private homes. The Fourth, Fifth, Sixth, and Eighth Amendments deal with the rights of those suspected of or accused of crimes. The Fifth Amendment also contains a general guarantee of due process from the federal government and a prohibition on the taking of property for public use without just compensation. The Seventh Amendment guarantees the right to a jury trial in civil cases where the amount in controversy exceeds $20. The Ninth and Tenth Amendments are general statements.

The Ninth Amendment makes it clear that the rights listed in the Constitution do not constitute an exclusive list. The Tenth Amendment is a reaffirmation of states rights to exercise power.

6. Explain the right found in the Second Amendment.

The Second Amendment deals with the right to bear arms for both a “well regulated Militia” and for individuals.

7. How does the Constitution provide protection against infringement of civil rights and liberties by state and local governments?
The Thirteenth, Fourteenth, and Fifteenth Amendments were added to the Constitution, extending federal protection to state infringement of civil rights in some situations. The Fourteenth Amendment, which is the most important of the three, contains provisions that have become instrumental in the development of federal protection against state deprivation of civil rights. It prohibits any state from denying due process or equal protection of the laws to its citizens.

8. What are the protections afforded by the Fourteenth Amendment?

• All persons born in the United States or naturalized are citizens.

• No state can make or enforce laws that abridge the privilege or immunities of citizens.
• No state can deprive a person of life, liberty, or property without due process.

• No state can deny a person equal protection of the laws.

9. Where does Congress get the power to enact civil rights legislation?

Congress has used the Interstate Commerce Clause of the Constitution, as well as the “necessary and proper” clauses found in various amendments, especially the Fourteenth Amendment.

10. What is the “state action doctrine”?

The state action doctrine provides that the Fourteenth Amendment and others control state action, not actions of individuals. However, the Court finds state action when individuals are acting on behalf of the state or where individual action has a strong nexus or connection to the state.