ch 8-9 Flashcards
civil liberties
fundamental rights and freedoms protected from infringement by the government
civil rights
protections from discrimination as a member of a particular group
1st amendment
restricts Congress from making laws about religion, speech, press, assembly, and petitioning the government
2nd amendment
right to keep and bear arms for militia
4th amendment
protects against unreasonable searches and seizures and establishes right to have warrents issued before search or arrest
5th amendment
right to
-grand jury
-protection against double jeapordy (with exception)
-self-incrimination
-right to due process
-right to just compensation when property is taken
6th amendment
right to speedy and public trial by an impartial jury, right to confront witnesses, right to compel favorable witnesses to testify in one’s defense, right to assistence of defense council
8th amendment
protection against excessive bail and cruel and unusual punishment
9th amendment
protection of rights not explicitly listed in Constitution
14th amendment (due process)
restricts state governments from denying citizens their life, liberty, or property without legal safeguards
-lays foundation for selective incorperation
establishment clause
in 1st amendment, protects against the government requiring citizens to join or support a religion
free excersize clause
in 1st amendment, protects rights of individuals to excersize and express religious beliefs
Engle v Vitale
New York Board authorized that at start of each day, short and non-denonimational but voluntary prayer would be recited
RULING-school sponsorship of religious activities = violation of first amendment, must be student-led
Lemon Test
3 prongs- statute must have secular legislative purpose, effect can’t advance or inhibit religion, no excessive entanglement between church and state
Wisconsin v Yoder
Members of Amish community challenged Wisconsin’s compulsory school attendance law that required school until 16
RULING-law was unconstitutional, individual interest in free excersize of religion is more important
Schenk v US
Couple printed and distributed anti-war leaflets, urging people to disobey the draft, charged with violating Espionage Act
RULING-Espionage Act was constitutional and was appropriate excersize of Congress’ wartime authority
clear and present danger test
a legal standard that speech posing an immidiate and seirous threat to national security is not protectd by the 1st amendment (ex fire in theater)
modern restriction on political speech
2 prongs-must be directed to inciting/producing imminent lawless action, likely to produce such action
prior restraint
the suppression of material prior to publication on the grounds that it might endanger national security
New York Times v US
Nixon admin tried to keep the NYT and Washington Post from publishing classified materials describing high level decision making of US officials in Vietnam
RULING-government didn’t demonstrate a sufficient interest to justify prior restraint
symbolic speech
protected expressions in the form of images, signs, and other symbols (not absolute)
ex can burn flag, can’t burn draft card
Tinker v Des Moines School
students decided to wear black armbands to school to protest the Vietnam war, school officials found out and banned armbands before it happened, students were sent home
RULING-students have free speech rights at school, speech must substantially interfere with school operations to be supressed
libel/slander
an untrue written or spoken expression that injures a persons reputation, hard to prove
obscenity/pornography
words, images, or videos that depict sexual activity in an offensive way and lacking any artistic merit
Miller test
3 criteria for matieral to be considered obscene-patently offensive, utterly without redeeming social value, contemporary community standards are applied
McDonald v Chicago
Chicago passed laws banning handguns
RULING-ban was unconstitutional, right to self-defense is fundamental
ex post facto laws
laws ciminalizing conduct that was legal at the time it occured (unconstitutional)
bill of attainder
law passed by Congress punishing an individual without a trial (unconstitutional)
writ of habeus corpus
document setting out reasons for an arrest or detention, required
procedural due process
a judicial standard requiring that fairness be applied to all individuals equally
exclusionary rule
a rule that evidence obtained without a warrent is inadmissable in court
Gideon v Wainwright
man convicted of robbery was denied an attorny, he defended himself and was convicted, Florida State law said only capital cases can have attorny appointed
RULING-6th amendment’s right to counsel also applies to states
Roe v Wade
woman couldn’t legally have abortion in Texas under law that banned abortions except when mom’s life is in danger
RULING-women’s right to abortion fell within right to privacy, established trimester
13th amendment
prohibits slavery
14th amendment
grants citizinship to all people born/naturalized in US, restrictions on state laws that sought to abridge privilages (due process/equal protection clause)
15th amendment
right for African-American men to vote, outlawed poll taxes and literacy tests
Brown v Board
girl had to walk past white school to get to black school, combined with 4 other cases
RULING-segregation is inherintly unequal
-Brown v Board 2-states must desegregate “with all deliberate speed”
affirmative action
policy designed to adress the consequences of previous discrimination by providing special consideration for college admissions to individuals based on characteristics
Civil Rights Act of 1964
legislation outlawing racial segregation in schools and public places and authorizing the attorney general to sue school discricts that didn’t desegretate (take away funding)
Voting Rights Act of 1965
legislation outlawing literacy tests and authorizing the Justice Department to send federal officers to register voters in uncooperative areas
19th amendment
women have the right to vote nationwide (was already in some states)
Title IX
prohibits sex discrimination in schools recieving federal aid, curriculum, health care, and residential life, large impact on sports
SC standards for discrimination (race, gender, rational)
-race-strict scrutiny, very high standard
-rational based-much lower standard, must be shown to be reasonable
-gender-intermediate scrutiny
types of harrasment
quid pro quo-employees request/demand sexual favors in return for advancement or employment
-hostile work environment-actions statements, or conditions that unreasonably interfere with the ability of the employee to do their job
