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POLI 110 > CHO5: Civil Liberties and Civil Rights > Flashcards

CHO5: Civil Liberties and Civil Rights Flashcards

1
Q

Chicago, Burlington and Quincy Railroad v. Chicago

A

1897

applied eminent domain (V) to states

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2
Q

Gitlow v. New York

A

1925

applied freedom of speech (I) to states

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3
Q

Near v. Minnesota ex rel. Olson

A

1931

applied freedom of press (I) to states

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4
Q

De Jonge v. Oregon

A

1937

applied freedom of assembly (I) to states

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5
Q

Cantwell v. Connecticut

A

1940

applied free exercise of religion (I) to states

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6
Q

Wolf v. Colorado

A

1949

applied freedom from unnecessary search and seizure (IV) to states

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7
Q

Mapp v. Ohio

A

1961

applied freedom from warrantless search and seizure (“exclusionary rule”) (IV) to states

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8
Q

Robinson v. California

A

1962

applied freedom from cruel and unusual punishment (VIII) to states

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9
Q

Gideon v. Wainwright

A

1963

applied right to counsel in any criminal trial (VI) to states

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10
Q

Malloy v. Hogan

Escobedo v. Illinois

A

1964

applied right against self-incrimination and forced confessions (V) to states

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11
Q

Griswold v. Connecticut

A

1965
applied right to privacy (III, IV, and V) to states
prohibited bans on contraception

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12
Q

Miranda v. Arizona

A

1966

applied right to remain silent (V) to states

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13
Q

Benton v. Maryland

A

1969

applied right against double jeopardy (V) to states

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14
Q

McDonald v. Chicago

A

2010

applied right to bear arms (II) to states

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15
Q

Timbs v. Indiana

A

2018

applied freedom from excessive fines (VIII) to states

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16
Q

Ramos v. Louisiana

A

2020

applied right to a unanimous verdict (VI) to states

17
Q

Civil Liberties in Constitution

A

No bills of attainder: a legislative act that imposes punishment without trial

No Ex Post Facto laws: punishment for past crimes with new laws

Cannot suspend Habeas Corpus: punishment without trial

18
Q

Privacy in Amendments

A

III, IV, IX

3, 4, 9

19
Q

Forms of Protected Speech

A

public speech in public forum
except for “fighting words”, seditious speech, obscenity, hate speech

symbolic speech (eg. burning a flag)

20
Q

Religion Clauses

A

Establishment Clause: prohibits state-sponsored religion
Free Exercise Clause: prohibits prohibitions of religion

builds “wall of separation” between church and state

21
Q

Engel v. Vitale

A

1962
prohibited school prayer because of establishment clause
allowed for prayers at school because of free exercise clause

22
Q

Unreasonable search and seizure

A

4th Amendment

23
Q

Self-incrimination

A

5th Amendment

24
Q

Right to Counsel

A

6th Amendment

25
Q

Trial by Jury

A

7th Amendment

26
Q

Shelby County v. Holder

A

2013
Allowed states to NOT evaluate the impact of their voting policies on minority voters
Struck down part of Voting Rights Act

27
Q

Civil Rights Act

A

1964

Prohibited segregation laws

28
Q

Civil Rights vs. Civil Liberties

A

Civil liberties: protects from government

Civil rights: protects from discrimination (from government or others)

29
Q

Procedural vs. Substantive Equality

A

Procedural (de jure): equality under the law

Substantive (de facto): equality of result

30
Q

Procedural Equality Laws

A

13th, 19th Amendments (see slides for complete list)

Brown v. Board of Education

Civil Rights Act of 1964: prohibited segregation and workplace discrimination
Voting Rights Act of 1965: prohibited racial discrimination in voting
Civil Rights Act of 1968: prohibited violence on the basis of race

31
Q

Marbury v Madison

A

established judicial review

32
Q

Nicole v Maryland

A

Established importance of supremacy clause

prohibited states from taxing federal government

33
Q

Gideon v Wainwright

A

expanded right to counsel (6th Amendment) to all felony cases

34
Q

Plessy v Ferguson and Brown v Board

A

Plessy v Ferguson: established “separate but equal”

Brown v Board: ended segregation

35
Q

Barron v Baltimore

A

John Marshall established “dual citizenship”
Federal protection did not extend to states
Ended with 14th Amendment

36
Q

Lemon Test

A

determines if a law violates the establishment clause

Does the practice have a secular legislative purpose?
Does the practice advance or inhibit religion?
Does the practice foster an excessive government entanglement with religion?

37
Q

Selective incorperation

A

The intermittent process of establishing civil rights and liberties one by one

38
Q

Exclusionary Rule

A

Evidence can be thrown out if it was obtained without a warrant (4th Amendment)

POLI 110 (5 decks)

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