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Civil Liberties: Introduction

I. The Age of Enlightenment 1650s-1780s


a. Challenged the authority of the Catholic Church
b. Idea of reforming society with toleration, science and skepticism
c. Idea of natural rights—all humans are born with these
i. _______________
ii. _______________
iii. ________________
d. Idea of the social contract—people need protections and agree to give up certain freedoms for that protection. What
is the best form of protection?
i. absolute monarchy (Hobbes)
ii. Constitutional monarchy or republic (Locke)
iii. Limited government with the consent of the governed (Locke)
iv. Democracy or whatever is decided directly by the people (Rousseau)
v. What influenced establishment of American civil liberties?

II. Early British documents


i. _________________________________________
ii. _________________________________________
iii. _________________________________________
b. State documents
i. Virginia Declaration of Rights (George Mason)
ii. Massachusetts Body of Liberties
c. General mistrust of strong national government based on the former colonial relationship with Britain

III. Selective Incorporation and the Bill of Rights


a. Congress passed the BoR to protect the citizens from the Federal Government.
b. Most states already had state-based “Bills of Rights.
c. _________________________________________
i. A constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of
American citizens that are enshrined in the Bill of Rights

IV. Due Process


a. Comes from the Magna Carta (1215)
b. Due Process (____________________) ensures ______________ procedures when the government burdens or
deprives an individual; prevents government from abusive taking of taxes, land, or other freedoms.
c. The 5th amendment declares that, “no person shall be deprived of life, liberty, or property, without due process of
law; nor shall private property be taken for public use, with just compensation.” (___________________________)
i. ___________________ v. Baltimore (1833)
ii. ___________________ v. City of New London (2005)
d. IS IT CONSTITUTIONAL?
i. Can local and state governments take private property through the usage of eminent domain, rationalizing
the decision with the public benefit being higher than personal benefit?
ii. ______________________
iii. Barron v. Baltimore (1833)
iv. Kelo v. City of New London (2005)

V. Selective Incorporation and the 14th Amendment


a. The most important and far-reaching of the Reconstruction amendments (13, 14, 15).
b. Declares that “all persons born or naturalized in the US…are citizens” and that no state can “deprive any person
of life, liberty, or property, without the due process of law.”

VI. IS IT CONSTITUTIONAL?
a. Can states stop citizens from publishing pamphlets promoting ”anarchical” themes and promoting overthrow of the
government?
i. ____________________
ii. _________________________________ (1925)

VII. IS IT CONSTITUTIONAL?
a. Can states stop individuals from publishing and distributing ”obscene, malicious, scandalous, and defamatory”
materials through by stating that they will cause the public to become “upset?”
i. _____________________
ii. ____________________________________ (1931)
VIII. Rights Not Yet Selectively Incorporated
i. Third Amendment protections against quartering troops in homes
ii. Fifth Amendment right to a grand jury indictment in misdemeanor cases
iii. Seventh Amendment right to jury trials in civil cases
iv. Eighth Amendment protections against excessive bail

Civil Liberties: Freedom of Expression (Press and Speech)


Your right to swing your arm ends where the other person’s nose begins. -Attributed to Oliver Wendell
Holmes Jr.

IX. Free Speech and Free Press


a. Free speech is ______________________________________________________.
i. But both federal and state government have to show compelling evidence to curb it.
b. The First Amendment does not protect all speech
i. Especially speech that invites danger, that is obscene, or that violates an existing law

X. Prior Restraint
a. The right to stop publication of materials in advance (as argued in Near v. Minnesota).
b. First Amendment ___________________ us against this, as long as the materials do not promote
______________ or overthrow of the government.

XI. IS IT CONSTITUTIONAL?
a. Can the federal government use ”Prior Restraint” in stopping the publication of The Pentagon
Papers to conserve the credibility of a President?
i. NO
ii. New York Times v. U.S. (1971)

XII. National Security and Present Danger


a. Government _____________ limit speech during times of war and if said speech threatens
national security!
i. “When a speech poses a threat to society, weakens the nation’s ability to defend itself, or
threatens the safety of citizens, government can step in to curb it.” –Justice Oliver
Wendell Holmes, 1919

XIII. IS IT CONSTITUTIONAL?
a. Can the government stop publication and distribution of 15,000 anti-draft pamphlets printed by the
Socialist Party during WWI for the sake of protecting national security?
b. ___________________
c. __________________________________________ (1919)

XIV. Clear and Present Danger Test


a. After the Schenck case, Justice Holmes delivered the guidelines for the Clear and Present Danger
Test.
i. “…is whether words…are of such a nature as to create a clear and present danger that
they will bring about the substantive evils that Congress has the right to prevent.”
b. Congress has the right to silence any speech that presents
_______________________________________________ to the American public or American
government.

XV. Free Speech during Wars (Cold War)


a. Smith Act:
i. Law that made advocating the overthrow of any government in the US a criminal act
(passed by Truman administration)
1. Convicted 11 Communist party leaders in 1949.
b. ___________________ v. U.S. (1951) and ____________________ v. U.S. (1957)
i. Smith Act made it illegal to organize for the purposes of overthrowing the government
ii. BUT, the S.C. drew a line between advocating for government change versus calling for
an actual illegal overthrow of the government
iii. Court did not toss out the Smith Act, but they overturned the rulings in Dennis and Yates,
thus weakening the Justice Dept.'s efforts to weaken Communist parties.

XVI. Is this Illegal?


a. Can you burn your draft card in protest of any war?
b. NO because of U.S. v. O’Brien (1968)

XVII. Free Speech during Wars (Vietnam)


a. Due to softened court restrictions on Free Speech, citizens began to protest more.
b. A popular style of protest was the burning of draft cards, which Congress deemed illegal in a
1960s act.

XVIII. Free Speech during Wars (Vietnam)


a. The Clear and Present Danger test was refined after the ____________________________(1969)
court case.
b. The Court ruled, in this case, that the government may not punish a speaker unless it can prove the
speech was directed at inciting or producing
____________________________________________________________ acts.

XIX. Free Speech and Free Press: Obscenity


a. Some language and images are so offensive to the average citizen that governments have banned
them.
b. _____________________________ is difficult to define, but two trends have emerged:
i. the First Amendment does NOT protect obscene speech
ii. There is no national standard that defines what it is
c. Comstock Act:
i. First anti-obscenity law (1873) which banned the circulation and importation of obscene
materials through U.S. mail.

XX. IS IT CONSTITUTIONAL?
a. Can Congress uphold state and federal obscenity laws when judging publications as obscene or
publications that have “utterly without redeeming social importance?”
i. _________________?
1. …..for about 15 years
ii. __________________________________ (1957)

XXI. Timeline of Obscenity in the U.S.


a. 1957—Roth v. U.S. (1957)
i. Obscenity laws are upheld within the state and federal government; publications are
obscene when “the average person, when applying contemporary community standards,
finds that it appeals to the prurient (lustful) interest”
b. 1964—Justice Potter Stewart states ”I know it when I see it” regarding what is obscene and what
isn’t.
c. 1967-1971—Court can’t solidify their definition of obscenity, thus overturning 31 obscenity court
cases
d. 1971—Cohen v. California (1971)
e. 1973—Miller v. California (1973)

XXII. IS IT CONSTITUTIONAL?
a. Can Congress uphold a states decision to arrest and convict an individual for wearing a jacket that
says “F**k the Draft!” in protest of the Vietnam War?
i. __________________
ii. __________________________________________ (1971)

XXIII. The Miller Test


a. This serves as the primary standard in rulings over obscenity now.
b. “Speech or expression may be obscene if…”
i. The average person, applying contemporary community standards, finds it appeals to the
prurient (lustful/lewd) interest.
ii. It depicts or describes in a patently offensive way sexual conduct specifically defined by
state law
iii. It lacks serious literary, artistic, political, or scientific value

XXIV. Free Speech and Free Press: Symbolic Speech


a. People ___________________ invoke _______________ speech to defend an act that might
otherwise be illegal.
b. Symbolic speech can be related to the O’Brien and Cohen cases where there were draft protests;
other forms of symbolic speech may be seen as flag-burning, silent protests, and the issue of free
speech in schools.
c. Flag-burning cases:
i. Texas v. Johnson (1989): States that burning the American flag in protest is ILLEGAL.
ii. U.S. v. Eichmann (1990): States that burning the American flag in protest is LEGAL.

XXV. Tinker v. Des Moines


a. “Students’ constitutional rights ________________________ stop at the schoolhouse gate.”
b. Students have the right to use symbolic speech within their school environment to protest
peacefully; Schools still need to clear students to do this/have clearance.

XXVI. IS IT CONSTITUTIONAL?
a. Can Congress uphold a school’s decision to suspend a student for using lewd and sexually
suggestive language during a speech at a school assembly?
i. _________________
ii. Bethel Schools v. Fraser (1986)

XXVII. Morse v. Frederick (2007)


a. Students do not have the right to promote illegal drug use during school-sponsored events.

XXVIII. IS IT CONSTITUTIONAL?
a. Can government prevent words that might cause a fight or a breach of the peace?
i. _____________________
ii. Chaplinsky v. New Hampshire (1942)
b. Fighting Words
i. Any speech that could cause for fighting, a breach of peace, or violence in essence.

XXIX. Free Speech and Free Press: Commercial Speech


a. Commercial speech receives a lesser degree of protection than non-commercial speech.
b. In a 1970s case, the SCOTUS outlawed a Virginia statute that prevented the public advertising of
prescription drug prices.
i. It declared that in a capitalistic free market, there should be a free flow of ideas and
information expressed in the list of drug prices.
c. It has also stated that deceptive and misleading advertising, even if not directly false, does not
serve any social interest and therefore is not protected.

XXX. Free Speech and Free Press: Libel and Slander


a. ___________________: False (written) statements that defame someone.
b. ___________________: False (spoken) statements that defame someone.
c. American courts have typically allowed for a rather high standard of defamation before rewarding
a suing party.
i. The precedent for this was set in New York Times v. Sullivan (1964)

Civil Liberties: Freedom of Religion


XXXI. 1st Amendment: Freedom of Religion
a. 1st Amendment guarantees the freedom of religion
b. There is NO nationally sanctioned religion
c. There is a “wall of separation” when it comes to religion and government
i. There must not be any ______________________________ between religion and the
state

XXXII. Establishment and Free Exercise Clauses


a. ______________________________ Clause:
i. Clause within the Constitution that prevents the federal government from establishing a
national religion.
ii. Federal and state governments CANNOT sanction, recognize, favor, or disregard any
religion!
b. _______________________________________________ Clause
i. Clause that prevents federal and state governments from stopping religious practices.
ii. Clause is usually upheld, unless an unusual religious act is illegal or deeply opposes the
interest of the community.
c. These two clauses (Establishment and Free Exercise) means that people can practice whatever
religion they want, provided it does not:
i. Violate established laws
ii. Harm others
d. AND, the state CANNOT endorse or advance one religion over another.

XXXIII. IS IT CONSTITUTIONAL?
a. Can the federal government stop Mormons from practicing polygamy because of a federal anti-
polygamy law even though polygamy is based in Mormonism?
i. ______________________
ii. Reynolds v. United States (1879)

XXXIV. Selective Incorporation of Freedom of Religion


a. Due to _____________________________________________ (1947), the SCOTUS stated that
the 1st Amendment liberties pertaining to religion now applied to the states!
i. This was selectively incorporated through the 14th Amendment and the Equal Protection
Clause.
b. The Everson case pertained to private, parochial schools being allowed the access to public
services, specifically tax-payer funded bussing.

XXXV. IS IT CONSTITUTIONAL?
a. Can the federal government stop a New York school from conducting a non-denominational
prayer at the beginning of each school day by ruling it unconstitutional?
i. ____________________
ii. _____________________________________ (1962)

XXXVI. IS IT CONSTITUTIONAL?
a. Can the federal government stop a public school in Pennsylvania from conducting daily bible
readings?
i. ________________
ii. Abington School District v. Schempp (1963)

XXXVII. IS IT CONSTITUTIONAL?
a. Can a Wisconsin state law force Amish students to attend public schools?
i. __________________
ii. ________________________________________ (1972)

XXXVIII. Prayer in Public Schools


a. You CAN pray privately!
b. BUT, the moment you try to make others pray with you or make it school-mandated, that is when
it becomes illegal!

XXXIX. Other Prayer in Schools Cases


a. Wallace v. Jaffree (1985)
i. Public schools cannot mandate a “voluntary prayer” or “moment of meditation” period in
their school day; it could “force” prayer onto unwilling parties.
b. Lee v. Weisman (1992)
i. Public schools cannot bring in a religious figure to lead prayer at any school-sponsored
event.
c. Santa Fe School District v. Doe (1995)
i. Student-led or student-initiated prayer at school sponsored events, such as sporting
events, is in violation of the Establishment Clause, thus being unconstitutional.

XL. IS IT CONSTITUTIONAL?
a. Can the federal government stop states, such as Rhode Island and Pennsylvania, from using state
funds to pay parochial school teachers?
i. _________________
ii. Lemon v. Kurtzman (1971)

XLI. “The Lemon Test”


a. The _______________________________ is based off the Lemon v. Kurtzman case.
b. This set of rules is in place to rule on the secular nature of dealings with the church and state.
c. “To avoid ___________________________________________________________, a policy
must:”
i. Have a secular purpose that neither endorses nor disapproves of religion
ii. Have an effect that neither advances nor prohibits religion
iii. Avoid creating a relationship between religion and government that entangles either in
the internal affairs of the other

XLII. Contemporary Issues within the Lemon Test


a. Funding:
i. Parochial schools, like Wahlert, CAN receive government funds.
ii. As long as parochial schools do not use it to promote religion, it is alright to get funding.
b. Vouchers:
i. Supporters of private parochial schools are usually in favor of vouchers.
ii. Vouchers ease the cost of separate tuition by offering “vouchers,” or tuition
reimbursement from the government, to parents that send their kids to parochial schools.
iii. This is NOT an establishment issue because vouchers help the parents, not the parochial
school.
c. Moment of Silence:
i. A daily moment of silence, which could be used as a prayerful moment, is considered
unconstitutional.
1. This was determined in Wallace v. Jaffree (1985)
ii. An “undefined, occasional moment of silence” is alright, but once it becomes a daily
action, that can be seen as an establishment.
iii. Students can still operate faith-based extra-curricular activities (granted they take place
outside of the school day and don’t use taxpayer dollars)
1. Public school teachers are more restricted because they are government
employees.
d. Religious Symbols in a Public Setting—Christmas
i. It is ALRIGHT to have a nativity scene when surrounded with other Christmas
decorations in a public setting (Lynch v. Donnelly—1984)
ii. It is NOT ALRIGHT to just have a ”Crèche,” or a manger scene, by itself in a public as
this promotes establishment!
e. Religious Symbols in a Public Setting—The Ten Commandments
i. It is ALRIGHT to have a monument of the Ten Commandments on State Capitol
property! (Van Orden v. Perry—2005)
ii. It is NOT ALRIGHT to have the Ten Commandments in a Courthouse, surrounded by
other historical documents! (Constitutes an establishment!) (McCreary v. ACLU—2005)

Civil Liberties: Procedural and Substantive Due Process & Other


Freedoms
XLIII. 2nd Amendment: Right to Bear Arms
a. The 2nd Amendment promotes the right for individuals to bear arms and form a well-meaning militia.
b. This amendment has become contentious over the past few years with the uptick in gun violence
throughout the U.S.
c. Our main cases within this amendment are:
1. D.C. v. Heller (2008)
2. McDonald v. Chicago (2010)

XLIV. D.C. v. Heller (2008)


a. Private citizens have the right under the Second Amendment to possess an ordinary type of weapon and
use it for lawful, historically established situations such as self-defense in a home, even when there is
no relationship to a local militia.
b. People can own a ____________________ in their home and use it for prototypical reasons, such as
self-defense.
c. This court case selectively incorporated the 2nd Amendment in federal districts (which is only
Washington D.C.)

XLV. McDonald v. Chicago (2010)


a. The Due Process Clause of the Fourteenth Amendment extends the Second Amendment’s right to keep
and bear arms to the states, at least for traditional, lawful purposes such as self-defense.
b. This is the same decision as the ___________________ case
i. BUT, because the Heller case took place in D.C. (which is federally controlled), the
McDonald case “selectively incorporated” the Heller decision to
________________________________.
c. This case is the primary 2nd Amendment “incorporation” case.

XLVI. Due Process


a. There are two types of due process: ________________________ and
________________________________.
b. Both apply to the states and federal government because of the 5th and 14 th amendments through the
selective incorporation process.

XLVII. Procedural Due Process


a. This style of due process addresses the manner in which the law is carried out (ex: did the local court
give the defendant a fair trial?)
b. Chief Justice Earl Warren extended liberties and limited states’ authority in areas of:
i. Search and seizure (Weeks v. US; Mapp v. Ohio)
ii. The right to counsel (Gideon v. Wainwright)
iii. The right against self-incrimination during police interrogations (Miranda v. Arizona)

XLVIII. The Fourth Amendment—Exclusionary Rule


a. Fourth Amendment prevents law enforcement from conducting unlawful searches and seizures.
b. ________________________________ (1914)
i. Created the _____________________________ Rule—evidence the government finds or
takes in violation of the 4th Amendment can be excluded from trial.
ii. Government CANNOT illegally obtain evidence and use said evidence against you in a court
of law.

XLIX. IS IT CONSTITUTIONAL?
a. If the police search a house looking for a fugitive suspect and gambling paraphernalia, don’t find those
things, but find obscene books and pictures, can they use the obscene books and pictures to convict the
owner of the house on obscenity charges?
i. _______________
ii. _________________________________ (1961)

L. Exceptions to the Exclusionary Rule


a. Law enforcement can conduct searches without a warrant, but they need to establish “probable cause.”
i. “Inevitable Discovery” Exception
1. When police find evidence in an unlawful search that they would have eventually
found in a later, lawful search.
ii. “Good Faith” Exception
1. This addresses police searches under a court-issued warrant that is proven
unconstitutional or erroneous later.
2. In such occurrences, the police conducted the search in “good faith;” they were
following the law and thus have not abused/violated the 4th Amendment.

LI. Searches in Schools


a. Students’ right against unreasonable searches are still present (such as free speech in school), however,
these rights are more limited in school.

LII. IS IT CONSTITUTIONAL?
a. A student gets caught smoking in the bathroom at school. An administrator searches that student’s
purse and finds illegal drugs, paraphernalia, and other concerning objects. The administrator turns over
the purse, and everything in the purse, to the police. Is this a legal search or was the student’s right to
privacy violated?
i. IT IS A LEGAL SEARCH!
ii. _____________________________________ (1985)

LIII. Substantive Due Process


a. ___________________________ Due Process places limits on what laws can actually be created.
i. If the substance of the law—the very point of the law—violates some basic right (even if it
isn’t listed in the Constitution), then a court can declare it unconstitutional.

LIV. 4th Amendment—Right to Privacy


a. _____________________________________________________ (1965)
i. The Court ruled that state’s CANNOT create laws that disallow couples from obtaining birth
control or literature about birth control.
ii. This isn’t inherently stated in the Constitution, but can be found in the “Penumbras”
(shadows) of other amendments.

LV. Women and the Right to Choose


a. _______________________________________ (1973)
i. Women have the right to abortion during the first trimester of pregnancy.
ii. This case sets the precedent for all abortion cases and decisions since 1973.
b. Congress passed the Hyde Amendment in 1976
i. This prevents any federal funding that might contribute to an abortion.
c. _______________________ v. Reproductive Health Services of Missouri (1989)
i. States can withhold funds, facilities, and employees from assisting, or counseling, on
abortions.
d. Planned Parenthood v. Casey (1992)
i. States are allowed to have a mandatory waiting period for abortions. They are also allowed to
require a parental, or judge’s, approval for teen abortions and allow for states to provide other
alternatives, other than abortion, in Planned Parenthood clinics
ii. Women and the Right to Choose (cont’d)
e. Hodgson v. Minnesota (1989)
i. SCOTUS ruled that only one parent had to be notified, within 48 hours, when it came to
abortions for those under 18 years old.

LVI. Sixth Amendment—Right to Counsel


a. You have the right to legal ___________________ (attorney) in any case brought against you.
i. This was strengthened because of
___________________________________________________ (1963).
b. Because of this case, states have to have a paid attorney ready for people who cannot afford one.
i. Everyone MUST have representation and cannot be denied representation!

LVII. Protections against Self-Incrimination—5th Amendment


a. The Fifth Amendment states, ”nor shall [anyone] be compelled in any criminal case to be a witness
against himself.”
i. There was an issue with police-coerced confession prior to
_____________________________________ (1966).
b. Aftermath of Miranda v. Arizona (1966)
i. Because of this case, people who are arrested must be read their rights during their arrest. If
they are not read, it is a breach of their civil liberties and they can avoid their charges.
ii. Also, people who are being held in custody and are in the process of being questioned are
allowed to have representation at their police questioning.

LVIII. Eighth Amendment—Cruel and Unusual Punishment


a. Capital punishment, such as the death penalty, has been debated heavily throughout the years.
b. There are two marquee court cases that relate to the death penalty. These two court cases are:
i. Furman v. Georgia (1972)
ii. Gregg v. Georgia (1976)

LIX. The “Death Penalty” Cases


a. ____________________________________________ (1972)
i. This case made the death penalty unconstitutional and illegal in each state.
ii. The issue was behind the misapplication of the death penalty, especially within the socially
disadvantaged, poor, and racial minority populations.
b. _____________________________________________ (1976)
i. This case made the death penalty constitutional again, but it is in the state’s decision to make
it legal or illegal.
ii. No state can make the death penalty mandatory by law!
iii. The court outlawed the death penalty for mentally disabled individuals and convicts under the
age of 18.

LX. September 11th—USA PATRIOT Act


a. USA PATRIOT Act: Uniting and Strengthening America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism)
i. This allowed government agencies to share information about significant suspects and it widened
authority on tapping suspects’ phones.
ii. They could also share grand jury testimonies/proceedings, detain illegal immigrants for longer, and
monitor email communications.

LXI. USA PATRIOT Act Court Cases


a. Rasul v. Bush (2004)
i. People being detained in Guantanamo Bay can question their detention.
ii. US cannot deny rights (such as Miranda Rights) to those being detained in Guantanamo Bay.
b. Hamdi v. Rumsfeld (2006)
i. US cannot hold terror suspects without following habeas corpus rights
ii. Habeas Corpus: Innocent until proven guilty
Chapter 7: Individual Liberties (Part 1, first 22 terms)
1. Civil Liberties
2. Selective Incorporation
3. Due Process
4. 5th Amendment
5. Eminent Domain
6. Barron v. Baltimore (1833)
7. Kelo v. City of New London (2005)
8. Gitlow v. New York (1925)
9. Near v. Minnesota (1931)
10. Prior Restraint
11. New York Times v. U.S. (1971)
12. Clear and Present Danger Test
13. Schenck v. United States (1919)
14. Brandenburg v. Ohio (1969)
15. Smith Act
16. Dennis and Yates Cases
17. U.S. v. O’Brien (1968)
18. Symbolic Speech
19. Cohen v. California (1971)
20. Texas v. Johnson (1989)
21. U.S. v. Eichmann (1990)

Chapter 7: Individual Liberties (Part 2, last 21 terms)


1. Tinker v. Des Moines Independent School District (1969)
2. Bethel School District v. Fraser (1986)
3. Morse v. Frederick (2007)
4. Obscene Speech
5. Roth v. U.S. (1957)
6. Miller v. California (1973)
7. Miller Test
8. Libel
9. New York Times v. Sullivan (1964)
10. Establishment Clause
11. Free Exercise Clause
12. Reynolds v. U.S. (1879)
13. Everson v. Board of Education (1947)
14. Engel v. Vitale (1962)
15. School District of Abington Township Pennsylvania v. Schempp (1962)
16. Lemon v. Kurtzman (1971)
17. Lemon Test
18. Wisconsin v. Yoder (1972)
19. Lynch v. Donnelly (1984)
20. District of Columbia v. Heller (2008)
21. McDonald v. Chicago (2010)
Chapter Eight: Due Process and the Rights of the Accused
1. Procedural Due Process
2. Substantive Due Process
3. 4th Amendment
4. Weeks v. U.S. (1914)
5. Exclusionary Rule
6. Mapp v. Ohio (1961)
7. New Jersey v. TLO (1985)
8. USA PATRIOT Act
9. Metadata
10. Miranda v. Arizona (1966)
11. Gideon v. Wainwright (1963)
12. Furman v. Georgia (1972)
13. Gregg v. Georgia (1976)
14. Griswold v. Connecticut (1965)
15. Roe v. Wade (1973)
16. Planned Parenthood v. Casey (1992)
17. Hyde Amendment
18. Hamdi v. Rumsfeld (2004)
19. Rasul v. Bush (2004)

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