Chapters 10/11: Civil Liberties & Civil Rights Flashcards

1
Q

District of Columbia v. Heller (2008)

A

the 2nd Amendment protects an individual’s right to possess a firearm unconnected with service in a militia, and to use that firearm for traditionally lawful purposes, such as self- defense within the home

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2
Q

Due process

A
  • Guarantees that the government cannot take a person’s basic rights to “life, liberty, or property, without due process of law.”
  • Designed to protect citizens from actions taken by state government, counties, towns, and cities
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3
Q

Just compensation clause

A
  • Paid to property owners for the legal seizure of personal property or land
  • “nor shall private property be taken for public use, without just compensation”
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4
Q

McDonald v Chicago (2010): Facts/background

A
  • In 2010, retired resident Otis McDonald attempted to legally purchase a handgun for personal defense, claiming his neighborhood had become unsafe due to an increase of gang activity and drug dealers
  • A city-wide handgun ban, issued in 1982, prevented McDonald from purchasing a handgun
  • He sued the city, claiming his 2nd Amendment rights had been violated
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5
Q

McDonald v Chicago (2010): Constitutional clause

A

2nd Amendment

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6
Q

McDonald v Chicago (2010): Holding

A
  • State could not impede their citizens’ right to keep and bear arms under the 2nd Amendment
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7
Q

Selective incorporation

A

A process by which the Supreme Court incorporates provisions of the Bill of Rights into the 14th Amendment’s Due Process Clause, making them applicable to the states

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8
Q

Exclusionary rule

A

Evidence found in violation of the 4th Amendment can be excluded from trial

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9
Q

5th Amendment

A

An individual can’t be compelled to give incriminating information about themselves to law enforcement

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10
Q

Gideon v Wainwright (1963): Facts/background

A
  • In 1963, Clarence Gideon was arrested after breaking and entering into a pool hall and stealing money
  • Since Gideon was poor, he could not afford an attorney. At the time, Florida law only provided attorneys to defendants in capital cases. Gideon had to defend himself in court, and was convicted
  • In jail, Gideon petitioned for a writ of certiorari, claiming his 6th Amendment rights had been denied
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11
Q

Gideon v Wainwright (1963): Constitutional clause

A

6th Amendment

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12
Q

Gideon v Wainwright (1963): Holding

A
  • The Court ruled to incorporate the 6th Amendment, making it binding on the states for all criminal defendants
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13
Q

Miranda v Arizona (1966)

A

Suspects must be informed of their rights as a defendant when apprehended by police or when interrogated

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14
Q

Procedural due process

A

The manner in which a law is carried out

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15
Q

Public safety exception

A

The protection of citizens is above the procedural protections of suspects

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16
Q

6th Amendment

A

The right to a public trial by jury, and the right to an attorney

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17
Q

Right to privacy

A

A right not expressly mentioned in the Constitution but can be found in the penumbras of the 1st, 3rd, 4th, and 9th Amendments

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18
Q

Roe v Wade (1973)

A

State laws preventing a woman from obtaining an abortion in her first trimester of pregnancy are unconstitutional, based on the right to privacy

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19
Q

Substantive due process

A

Places substantive limits on what liberties the government can take away

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20
Q

Defense of Marriage Act (1996)

A
  • Defined marriage at a national level
  • States don’t have to recognize same-sex marriage in other states
21
Q

“Don’t ask, don’t tell” (1994)

A
  • Prevented the military from asking about the sexual status of its personnel
  • Prevented LGBTQ personnel from acknowledging or revealing it
22
Q

Equal Pay Act of 1963

A

Required employers to pay men and women the same wage for the same job

23
Q

Equal protection clause

A

The government may not deny people equal protection of its governing laws

24
Q

“Letter from Birmingham Jail”

A

A response by Dr. Martin Luther King Jr. to the inactions of white politicians regarding segregation

25
Q

National Women’s Organization (NOW)

A

Organization founded by Betty Friedan that called for equal employment opportunities and equal pay for women

26
Q

19th Amendment (1920)

A

Amendment that gave women the legal right to vote in all 50 states

27
Q

Obergefell v Hodges (2015)

A

The due process clause recognizes the right of a same-sex couple to marry, and thus all states must allow and recognize said marriage

28
Q

Strict scrutiny

A
  • The analysis by courts to guarantee legislation is narrowly tailored to avoid violation of laws
  • Applied to desegregation of schools
29
Q

Title IX (1972)

A

Guaranteed that women have the same educational opportunities as men in programs receiving federal funding

30
Q

Brown v Board of Education (1954): Facts/background

A
  • In 1951, Oliver Brown attempted to enroll his daughter in the public elementary school closest to his home. However, the school refused to accept her enrollment, as she was black
  • Brown was forced to attend an all-black school much farther away
  • The Browns and other families sued the local school board, claiming their 14th Amendment rights had been violated
31
Q

Brown v Board of Education (1954): Constitutional clause

A

14th Amendment

32
Q

Brown v Board of Education (1954): Holding

A

The Court ruled that separated educational facilities are inherently unequal, as racial segregation had a negative effect on the minority group

33
Q

15th Amendment (1870)

A

Prohibits states from denying voters based on race, color, or previous servitude

34
Q

14th Amendment (1868)

A

Guaranteed citizenship to anyone born or naturalized in the United States

35
Q

Grandfather clause

A

A clause in registration laws allowing people who do not meet registration requirements to vote if they or their ancestors had voted before 1867

36
Q

Jim Crow laws

A

A body of laws in the South that segregated races in the public sphere

37
Q

Literacy test

A

A test of reading skills required before one could vote

38
Q

Plessy v Ferguson (1896)

A

Upheld the constitutionality of racial segregation under the “separate but equal” doctrine

39
Q

Poll tax

A

A simple fee required to vote

40
Q

National Association for the Advancement of Colored People (NAACP)

A
  • Established in 1909 and is America’s oldest and largest civil rights organization
  • Aimed to fight prejudice, lynching, and Jim Crow segregation, and to work for the betterment of “people of color”
41
Q

Civil Rights Act of 1964

A
  • Outlawed segregation in public areas and granted the federal government power to fight black disfranchisement
  • Prohibited discrimination in any federally assisted program
  • Outlawed discrimination in most employment
42
Q

24th Amendment (1964)

A

Outlawed the poll tax in elections

43
Q

White primary

A

A primary where only white men could vote

44
Q

Majority-minority districts

A

Voting districts in which a minority race or group of minorities make up the majority

45
Q

Affirmative action

A

Institutional efforts in schools and workplaces to diversify by race, gender, or otherwise

46
Q

Regents of the University of California v Bakke (1978)

A

A university’s admissions criteria which used race as a definite and exclusive basis for an admission violate the Equal Protection Clause and Title VI of the Civil Rights Act of 1964

47
Q

Voting Rights Act of 1965

A

Outlawed the discriminatory voting practices adopted in many southern states after the Civil War, including literacy tests as a prerequisite to voting

48
Q

Dred Scott v Sandford (1857)

A
  • Upheld slavery in United States territories
  • Denied the legality of black citizenship in America