Omar Bennett
The US Supreme Court has interpreted the US Constitution in various ways, and landmark cases have helped shape history and the rights of citizens. Some notable cases include Marbury v. Madison (1803), which established the concept of judicial review, and Plessy v. Ferguson (1896), which sanctioned segregation. In Gideon's case, the Supreme Court ruled that state courts must provide counsel to indigent defendants in criminal cases. The Court has also ruled on issues such as the right to privacy, freedom of speech, and racial integration. In recent years, the Court has extended rights and liberties to the LGBTQ+ community, such as in the 2020 ruling that Title VII protects LGBTQ+ individuals from workplace discrimination.
| Characteristics | Values |
|---|---|
| Students' First Amendment right to free speech in school | Students do not have a First Amendment right to make obscene speeches in school |
| Random drug testing of students | Does not violate the Fourth Amendment |
| Segregation | Sanctioned by the Supreme Court |
| Nullification of federal court decisions by states | States cannot nullify decisions of the federal courts |
| Congressional Acts contradicting the Constitution | Without force |
| Federal government's implied powers | Established by the "necessary and proper" clause of the U.S. Constitution |
| Suspects' rights | Police must inform suspects of their rights before questioning |
| Students' privacy in school | Reduced expectation of privacy in school |
| Constitutional power to prohibit slavery in free territories | No |
| African Americans' right to sue in federal court | No |
| Students' First Amendment right to freedom of speech | Students do not shed their constitutional rights at the schoolhouse gate |
| Laws restricting women's access to abortion | Violate the Constitution's right to privacy |
| Universities' use of race in admissions decisions | Universities may use race in admissions so long as "fixed quotas" are not used |
| Constitutional right to an attorney | State courts are required to provide counsel in criminal cases to indigent defendants |
| Constitutional protection of the right to privacy | Protected by the 14th Amendment's Due Process Clause |
| Constitutional protection of women's rights | The Equal Protection Clause of the 14th Amendment protects women's rights |
| Constitutional protection of LGBTQ+ rights | Title VII protects LGBTQ+ people from workplace discrimination |
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What You'll Learn
The right to privacy
In the United States, the right to privacy is not explicitly mentioned in the Constitution but has been interpreted by the Supreme Court as being implied by various amendments. In the landmark case Griswold v. Connecticut (1965), the Supreme Court found a right to privacy derived from the penumbras of the First, Third, Fourth, Fifth, and Ninth Amendments. The Court's ruling created a "zone of privacy" that granted married couples the right to purchase contraceptives. This ruling was later extended in the case of Wade, where the Court used the right to privacy derived from the Fourteenth Amendment to protect a woman's right to have an abortion. However, it is important to note that the right to abortion under the right to privacy was recently overturned by the Court in the Dobbs decision.
Additionally, in the famous dissent in Olmstead v. United States (1928), Justice Louis Brandeis, who was then an attorney, argued that privacy matters were relevant to constitutional law, stating that "the government was identified as a potential privacy invader." This dissent was influenced by an article he co-authored in 1890, titled "The Right to Privacy," which is often cited as the first explicit assertion of a right to privacy in the United States.
Other countries have different approaches to the right to privacy. For example, in Australia, there is no constitutional right to privacy, but the Privacy Act 1988 provides some protection for individuals' personal information and its usage by the government and large companies. Similarly, Israel recognises privacy protection as a basic right under its Basic Law, which includes the right to leave and enter the country, privacy regarding one's property and possessions, and the avoidance of violations of privacy in speech, writing, and notes.
In India, the Supreme Court ruled in 2017 that the right to privacy is a fundamental right under Article 21 of the Constitution. This ruling adopted a three-pronged test for any encroachment on privacy rights, requiring legality, necessity, and proportionality. China also recognises privacy rights under its Constitution, which stipulates that states must protect citizens' personal dignity and confidentiality of correspondence.
Overall, the right to privacy is a dynamic and evolving concept that is shaped by cultural, social, and technological changes. While some countries explicitly guarantee privacy rights, others derive these rights from various laws and interpretations, highlighting the complex nature of privacy in the modern world.
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Racial integration in schools
The issue of racial integration in schools has been a significant topic addressed by the US Constitution, with several landmark cases shaping the legal landscape. One of the most notable is Brown v. Board of Education (1954), where the Supreme Court ruled that separating children in public schools based on race was unconstitutional, overturning the "separate but equal" doctrine established in Plessy v. Ferguson (1896). This ruling marked a pivotal moment in US history, signalling the end of legalized racial segregation in schools.
In Brown v. Board of Education, the Supreme Court recognized that state-sanctioned segregation in public schools violated the 14th Amendment, which guarantees equal protection under the law. This decision was a catalyst for the expanding civil rights movement of the 1950s and set a precedent for future cases challenging racial segregation. Despite initial resistance, the Court continued to enforce its ruling, ordering states to dismantle segregated school systems and implement desegregation plans.
In subsequent years, the Supreme Court remained active in ensuring racial integration in schools. In Green v. County School Board of New Kent County (1968), the Court identified five factors: facilities, staff, faculty, extracurricular activities, and transportation, to gauge compliance with the mandate for desegregation. The following year, in Alexander v. Holmes County Board of Education (1969), the Court ordered the immediate desegregation of Mississippi schools, rejecting the "all deliberate speed" standard as unconstitutional.
The Court also addressed racial integration in higher education. In United States v. Fordice (1995), the Supreme Court ruled that race-neutral measures alone did not fulfil the Constitutional obligation to desegregate colleges and universities that were previously segregated by law. This ruling highlighted the ongoing need for proactive measures to achieve true integration. However, in Hopwood v. Texas (1996), a federal appeals court ended affirmative action in college admissions in several states, demonstrating the complex legal landscape surrounding racial integration.
While the Constitution and landmark court cases have played a pivotal role in mandating racial integration in schools, the journey towards true equality in education has been challenging. Despite legal victories, resistance and setbacks have occurred, as evident in the resegregation of schools noted in a 2002 report by Harvard's Civil Rights Project. Nonetheless, the legal foundation laid by these cases continues to guide the ongoing pursuit of racial equality in US education.
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Women's rights in the workplace
The Constitution and the laws of the United States are supposed to guarantee everyone in the country individual rights and liberties. However, women have historically faced discrimination in the workplace, and this continues today. The American Civil Liberties Union (ACLU) works to defend and preserve women's rights in the workplace, ensuring equal access to employment free from gender discrimination, including discrimination based on sex stereotypes, pregnancy, and parenting.
The Equal Rights Amendment (ERA) was initially proposed in Congress in 1923, three years after the ratification of the 19th Amendment, which secured women's right to vote. The ERA sought to end legal distinctions between men and women in divorce, property, employment, and other matters. Despite gaining support from both women and men, and being passed by Congress in 1972, it failed to achieve ratification. Nevertheless, women gradually achieved greater equality through legal victories, such as the Voting Rights Act of 1965, which codified the right to vote for all women.
Pregnancy discrimination, though illegal, still occurs, with pregnant or breastfeeding workers often being fired or pushed out of the workplace due to stereotypes about women's roles as mothers rather than workers. Workplace policies based on traditional male norms reinforce this discrimination. The wage gap also persists, with women earning just 78 cents for every dollar men earn, and women of color facing even greater disparities. Obstacles such as punitive pay secrecy policies and weak legal remedies make challenging the wage gap difficult.
Women also face barriers to working in fields from which they have traditionally been excluded and the systemic undervaluing of work traditionally performed by women, such as caregiving. Workplace policies often fail to account for caregiving obligations, leading to sex discrimination and harassment, inhibiting women's advancement in the workforce. The ACLU works to address these issues and ensure that all workers, regardless of sex, race, national origin, age, or disability, receive equal pay for equal work.
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Access to contraception and abortion
Despite the Court's majority opinion that the Dobbs decision does not impact abortion-unrelated precedents, Justice Thomas's concurring opinion has raised concerns about the future of contraception access. The conflation of contraception with abortifacients could be a factor in future cases or the application of certain laws. Since the Dobbs verdict, several states have passed laws or constitutional amendments to safeguard their residents' right to contraception. However, states like Missouri, Iowa, and Idaho have attempted to restrict access to emergency contraceptives, especially for survivors of sexual assault.
The Right to Contraception Act, which aims to enshrine the right to birth control in federal law, has gained significant support from voters. It seeks to prevent any governmental entity from impeding access to contraceptives and related information. While the Act passed in the House in 2022, it faced a blockade in the Senate in 2024, falling short of the required votes. The threat of the Supreme Court overturning the constitutional right to contraception remains a concern for many.
Public policies like the Title X national family planning program and the Affordable Care Act (ACA) have played a crucial role in making contraceptive methods affordable for many Americans. However, with anti-reproductive freedom politicians employing tactics from the anti-abortion movement, misinformation, and harmful narratives, the fight for access to contraception and abortion continues. These politicians aim to restrict access to contraception for communities already facing barriers to care, ultimately targeting the elimination of reproductive rights.
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LGBTQ+ rights
The rights of LGBTQ+ individuals have evolved significantly over the last few decades, with a series of constitutional cases decided by the Supreme Court that have expanded LGBTQ+ rights. Despite this, some conservative justices have indicated that decisions such as those protecting same-sex marriage should be revisited, leaving these rights on precarious ground.
In 1986, the Supreme Court ruled in Bowers v. Hardwick that same-sex intimate conduct was not protected under the right to privacy established under the Fourteenth Amendment. This decision allowed states to criminalize "sodomy", even among consenting adults. However, in 2003, the Supreme Court overruled Bowers in Lawrence v. Texas, determining that states cannot restrict the right of consenting adults to engage in private sexual conduct, which implicates personal autonomy.
In Romer v. Evans in 1996, the Supreme Court ruled against an amendment to the Colorado state constitution that would have prevented any city, town, or county in the state from taking action to protect homosexual or bisexual citizens from discrimination based on their sexual orientation. This marked a shift in the Court's approach to LGBTQ+ rights.
In Boy Scouts of America v. Dale, decided shortly after Romer, the Supreme Court upheld the Boy Scouts' decision to exclude LGBTQ+ members based on the freedom of association provided by the First Amendment. However, this decision has been criticized and is considered inconsistent with the evolving jurisprudence on LGBTQ+ rights.
In 2013, the Supreme Court ruled in United States v. Windsor that the Defense of Marriage Act, which forbade the federal government from recognizing lawfully performed same-sex marriages, violated the Fifth Amendment. This was a significant step towards marriage equality.
Finally, in 2015, the landmark decision of Obergefell v. Hodges conclusively resolved the constitutional debate over marriage equality. The Supreme Court ruled that state laws prohibiting same-sex marriage violate the Fourteenth Amendment's due process and equal protection clauses. As a result, same-sex marriages are now licensed, recognized, and enforced across the United States.
In addition to marriage equality, there have been advancements in LGBTQ+ rights in other areas. Title VII of the 1964 Civil Rights Act prohibits employers with 15 or more employees from discriminating based on sex, and some courts have interpreted this to include sexual orientation and gender identity. The Supreme Court has also extended Title VII protections to LGBTQ+ individuals, making it illegal for workplaces to discriminate based on sexuality or gender identity.
Furthermore, Title IX prohibits discrimination in schools based on sexual orientation or gender identity. Federal courts have held that public schools must respond to harassment of students who do not conform to gender stereotypes and protect students' right to privacy regarding their sexual orientation.
While progress has been made, the legal landscape for LGBTQ+ rights remains dynamic, and ongoing advocacy is necessary to ensure equal rights and protections under the law.
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