The Bill of Rights- 10 amendments to the Constitution that spell out the basic rights of the people.

Anti-Federalists wanted a Bill of Rights because they did not trust the national government.
Federalists felt there was no need for a Bill of Rights, offering three basic reasons why.

1. State constitutions already had a bill of rights and the nation was based on the idea of natural rights.
2. The national government already had such powers spelled out in Article 1, thus a Bill of Rights could be dangerous.
3. Too difficult to enforce and would be subject to public opinion.

Due Process Clause - Guarantees a variety of rights to individuals in the fifth and fourteenth amendments. Clarified that the states could not deprive people of life, liberty or property without due process of law.

Substantive Due Process Clause - Protects citizens from unjust laws.

Incorporation Doctrine - It clarifies that state and local government must also guarantee the rights contained in the due process clause.

Selective Incorporation - Clarifies that state and local governments must honor all rights in the Bill of Rights.

Fundamental Freedoms - Rights that are necessary for order, liberty and justice.

First amendment- Guarantees freedom of religion.

Establishment clause- States the government will not establish a national religion.
Lemon Test- Used to decide on church/state issues. The three criteria are:
-Must have a legitimate secular purpose
-Must not inhibit or advance religion
-Does not mix religion with government

Free exercise clause- States the government will not interfere with most religious practice.

Freedom of speech- guarantees that citizens will have the right to free speech with some exceptions
Exceptions or Unprotected Speech:
-Slander=Defamation through speech
-Libel= Written defamation
-Fighting words= Inflict injury, or incite breach of speech
-Obscenity= harmful and corupt

Protected speech:
-Hate speech=Incites anger on the basis of race, gender, disability etc, but does not provoke violence.
Symbolic speech=actions such as flag burning.
Prior restraint- Prevents censorship

Freedom of the press- Freedom of expression through different communication media.

Second amendment- Right to keep and bear arms.

D.C. v. Heller- Ruling that citizens in Washington D.C. could own firearms
U.S. v. Miller- Allowed taxation of automatic weapons and sawed of shotguns.
Barron v. Baltimore- Prevented the federal government from interfering with state regulation of firearms.

The Right to Privacy-

"the right to be left alone-- the most comprehensive of rights and the right most valued by civilized men."(Justice Louis Brandeis)

Birth control- The right to decide wether or not to have childeren.

Abortion- The right to terminate a pregnancy. Probably the most controversial interpretation of the right to privacy.

Homosexuality- Prevents states from criminalizing sexual activity.
Lawrence v. Texas- Overruled Bowers v. Hardwick