List of Issues
Affirmative Action Are racial preference systems a reasonable way to value diversity or a veiled attempt at reverse discrimination? Although affirmative action programs remain legal, a divided court and a divided nation keep the debate alive.

Civil Liberties in War What personal freedoms are Americans willing to sacrifice in the name of national security?

Death Penalty Is the death penalty an effective deterrent to crime or a violation of the Constitution's ban on cruel and unusual punishment?

Free Speech The First Amendment guarantees free speech to all Americans. But in 1999, a New York Appeals Court upheld a City of New York rule that required members of the Ku Klux Klan to remove any head-coverings or masks when marching. Does the unmasking of the KKK interfere with their First Amendment freedoms? Can this precedent force other protesters to reveal their identities when protesting governmental action?

Gun Control After the Columbine school massacre, many legislators called for renewed efforts to limit the sale of handguns, particularly to minors. Cities such as Chicago and New Orleans went so far as to bring lawsuits aimed at recouping the costs of gun violence from the gun industry. The lawsuits question whether gun manufacturers and dealers, like the tobacco industry, can be held accountable for the criminal use of their products. Does the Second Amendment prohibit state regulation and control of firearms?

Juvenile Justice Young people are increasingly being tried as adults when they commit serious crimes and are serving hard time in adult prisons. Will treating children as adults deter crime and ensure safety? Or is locking children up for life cruel and unusual punishment? Supporters argue that youths who commit adult crimes must be treated as such. Critics of the law say that it jails a population that has the greatest capacity for rehabilitation and unfairly targets inner city minorities.

Web Censorship Freedom of speech has entered a new battleground: cyberspace. The very qualities that make the Internet an ideal communication tool also facilitate the exposure of children to potentially harmful material. Should access to "adult" material, such as pornography, be filtered or otherwise banned to prevent children from accessing it at schools, libraries and other public places, or is it protected by the First Amendment's guarantee of free speech? The U.S. Supreme Court recently allowed filters to be placed on library computers, but left the door open to future legal challenges.

Zero Tolerance When Congress passed the Gun Free Schools Act in the early 1990s, they sought to crack down on kids with guns. In practice, the law provided schools with a tool to handle discipline problems, vandalism, assaults, drugs, sexual harassment, even cheating. School boards call it zero tolerance. Critics call it a deeply flawed policy. Administrators are enforcing zero tolerance policies that often result in school suspensions or expulsions for minor infractions. Do these policies unjustly punish first time offenders, or is that simply the price we must pay for safe schools?

The Drug War After more than thirty years and billions of dollars spent on fighting the war on drugs, the typical high school student says it is easier to buy pot than alcohol. From the crack epidemic in the 1980's to the latest designer drugs like ecstasy, the drug war has been fueled by concerns about the impact that these substances have on society. Drug warriors continue to call for harsher punishments and larger police forces. But, after all this time and money, the public increasingly doubts if the war can ever be won. Are drugs a problem of public safety or public health? Is there another way?

Energy and the Environment How can we become more energy efficient, protect the environment and combat climate change? For decades, alarms have been raised about U.S. dependence on foreign oil. And more recently, the emissions from carbon fuels have increased concerns about global warming. But efforts to bolster alternative or renewable energy sources have made scant progress. And the massive Deepwater Horizon oil spill in the Gulf of Mexico highlighted the failure of government regulators and industry to enforce safety measures, leading to an environmental disaster. What sorts of energy policies best serve the interests of Americans?

Religion in Schools From opening prayers at football games to lessons about creationism taught in the classroom, the presence of religion in public schools tests the limits of free expression and tolerance. Some feel that denying religious groups access to school facilities is unfair discrimination. Others believe that religion belongs only in private homes and places of worship. What role, if any, should religion play in the public education system?

Race and Education While many hail the profound importance of the desegregation ruling in Brown v. Board of Education, others openly question if the reality lives up to the promise. Busing orders have ended, integration plans put aside and most schools across the nation remain largely segregated by race. In an ironic shift, some racial justice activists are now advocating for the development of specially designated schools for African American boys and African American girls. What are the costs of continued segregation and where do we take the legacy left to us by the justices a half a century ago?

Women's Rights From the voting booth to the office cubicle; the ball field to the battlefield, the road to women’s equality has been a long and difficult one. And unfinished business remains.

Voting Rights It took 81 years for African Americans to gain a constitutional right to vote, 132 years for women and 183 years for those 18 to 20 years old.

United Nations Peacekeeping It is not a nation. It has no standing army. And, yet, the United Nations has more experience with war and peace than any nation on the planet.

Education Policy Public education is supposed to be the great equalizer providing opportunities for all regardless of class or race. However, studies continue to document that young people of color or from low-income families have fewer opportunities for a quality education and that the gap is growing at an alarming rate.

First Amendment Perhaps the most important rights central to a democracy are enumerated in the First Amendment: the right to free speech and expression, freedom of the press, freedom of religion, and the rights to assemble and to petition the government.

Freedom from Discrimination Since its beginnings, America has struggled with the principle of equality for all people.

Health Care President Franklin Roosevelt, in his 1944 State of the Union address, spoke eloquently of the need for an “Economic Bill of Rights,” including the “right to adequate medical care and the opportunity to achieve and enjoy good health” as one of the keys to ensuring Americans’ security and economic independence. But Roosevelt’s idea to overhaul the nation’s health care system went nowhere, as did the efforts of Presidents Harry Truman and Bill Clinton.

Immigration America is a nation of immigrants. As they arrived in waves to the new country, they shaped its identity, built its economy and embodied its ideals of freedom.

Legal Rights The Fifth Amendment provides that no person shall be “deprived of life, liberty, or property, without due process of law.” The due process clause, which places substantive restrictions on the unreasonable use of government power, is one of the oldest and best guarantees of liberty.

Rights of Juvenile Defendants Young people are increasingly being tried as adults when they commit serious crimes and are given severe sentences. Does treating young people as adults deter crime and ensure safety? Or is it cruel and unusual punishment to lock up a teenager for life?

Second Amendment “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” The meaning of the Second Amendment has long been debated.

Social Security The crisis of Social Security has come to the forefront of public debate, but few elected officials dare touch the controversial topic as efforts to overhaul the massive, popular entitlement plan have failed repeatedly.

Unreasonable Search and Seizure Technological capabilities in the 21st century raise issues of privacy that the framers could not have imagined when they drafted the Fourth Amendment’s protection against unreasonable search and seizure.

State and Local Government This issue pages discusses the 10th Amendment, which is about states' rights, and state and local governments.
Unreasonable Search and Seizure
Technological capabilities in the 21st century raise issues of privacy that the framers could not have imagined when they drafted the Fourth Amendment’s protection against unreasonable search and seizure. Today, equipment is used to listen and see inside buildings; computers capture vast amounts of information about individuals; and devices provide instant communication around the world. The terrorist attacks of Sept. 11 complicated the matter further when the government attempted, and sometimes succeeded, in pushing back on the right in the name of national security.  Where is the line drawn to protect individuals’ right to privacy?
 


  • 1772
    First Notions Of Protection

  • 1791
    Fourth Amendment Is Ratified

  • 1921
    Court Allows Waiver Of Protections

  • 1949
    Court Rules Protections Apply To States

  • 1961
    Exclusionary Rule Is Created

  • 1967
    Reasonable Expectation Of Privacy Concept Set

  • 1968
    Reasonable Suspicion Overrides Absence Of Warrant

  • 1975
    Lower Standard Set For Vehicle Stops Near Border

  • 1976
    Warrantless Arrest Based On Probable Cause Allowed

  • 1983
    Drug Seizure Upheld Under 'Open Field' Doctrine

  • 1984
    Evidence Allowed Under 'Good Faith' Exception

  • 1985
    Reasonableness Standard Cited In School Searches

  • 1986
    Aerial Surveillance For Drugs Ruled Constitutional

  • 1989
    Drug Tests For Jobs Associated With Security Risks Allowed
    Mandatory Drug Tests Of Rail Workers In Accidents Upheld

  • 1995
    Random Drug Testing Of Student Athletes Constitutional

  • 2000
    Required Drug Testing Of Welfare Recipients Struck Down

  • 2001
    Use Of Drug-Detection Technology Without Warrant Is Restricted

  • 2002
    Random Drug Tests Upheld For Students In Non-Athletic Activities

  • 2006
    Justice Department Defends Domestic Surveillance
    Police No-Knock Entry Into House Is Constitutional
    Court Limits 'Valid Consent' For Searches

  • 2007
    Patriot Act Provisions Struck Down

  • 2009
    Strip Search Of Student Ruled Unconstitutional
    Court Limits Police Search Of Cars

  • 2010
    Searches Allowed On Employer-Owned Electronic Devices

  • 2011
    Court Expands Warrantless Search by Police

  • 2012
    Police Cannot Use GPS Device Without Search Warrant

  • 2013
    Police Can Collect DNA From Arrestees

  • 2014
    Police Must Get Warrant for Cellphone Search
    
Related News
9/11/2014
The price of privacy in a post-9/11 world
Constitution Daily Blog

6/8/2012
New Jersey Muslims sue NYPD to end surveillance
The Christian Science Monitor

2/27/2012
Occupy protester's tweets subpoenaed
Associated Press

2/6/2012
United States v. Jones
The Supreme Court of the United States

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