civil liberties Flashcards
Civil liberties
MAINTAINS RIGHTS
Due legal constitutional rights that protect you from certain government actions
Ex: 1st amend - free exercise clause
and establishment clause
what is the difference between civil liberties and civil rights
Civil liberties are the freedoms guaranteed to Americans by the Constitution, primarily by the Bill of Rights.
Civil Rights are the rights of citizens that cannot be denied by a group or individual society.
Civil rights
Policies protecting people against discrimatory treatment by government or private individuals
ex: civil rights act, affrimative action, social justice movements
13th amendment
banned slavery and involuntary servitude
14th amendment
granted citizenship to all persons “born or naturalized in the United States,” including formerly enslaved people, and provided all citizens with “equal protection under the laws,”
due process clause ( 14th)
nor shall any state deprive any person of life liberty or property without due process of the law
equal protection clause (14th)
nor shall any state deny to any person within it’s jurisdiction the equal protection of laws
15th amendment
banned voting discrimination by race/ color. Gave black people the right to vote
Blackcodes and jim crow laws
laws limited black people’s freedoms and equality created in the south to oppress black people after the civil war
voting discrimination and restrictions
- literacy test
- poll taxes
-“ grandfather clause”
grandfather clause
if you failed either of the other restrictions but your grandfather could vote, then you could vote anyways. makes sure whites were able to vote.
De jure discrimination
unequal treatment according to the law required by the government
Ex: segregated schools
De facto discrimination
unequality or segregation “by fact” meaning that because of history
Ex: segregated housing patterns
civil rights act of 1964
- ended jim crow laws + segregation
- prohibited discrimination on the basis of race, color, Nat origin, religion, and gender
- created the equal opportunity commission
- gave power to dept. of justice to initiate lawsuits to force desegregation
equal opportunity commission
monitors and enforces protections against job hiring and discriminations
24th amendment
banned poll taxes in federal elections
voting rights act of 1965
- outlawed literacy tests and other tactics
- called for federal oversight of voter registration in areas of historic discrimation practices
- increased voting registration of african americans
senecca falls convention
called for the abolition of legal , economic and social discriminations against women
19th amendment
granted full suffrage to women
equal rights amendment
- called for equality of rights under the law shall not be denied or shortened by the state or the US
- fell 3 states short of 3/4ths necessary for ratification
Equal pay act (1963)
requires equal pay for work for men and women
civil rights act
prohibited discrimination in employment based on face and sex
National organization for women
NOW
interest group founded by feminists
Title 9 (IX)
- part of the education act of 1972
- required that educational institutions receiving federal funds not discriminiate against women.
- discrimination is usually in the form of unequal funding between men and women’s sports
Affirmative action
required that a;; contractors and unions doing business with the federal government must take affirmative action hiring minorities.
arguments for affirmative action
- makes up for past injustices
- gets more women and minorities into high profile jobs
Arguments against affirmative action
- creates reverse discrimination that unfairly hurts members of the majority group
- laws should promote equal opportunity rather than equal results
Federalist 78
Mnemonic : 78 is weaksauce
-argued that the judical branch is the weakest of the 3 branches
- doesn’t posses the power of enforcement or purse
- should serve life terms to preserve the court’s independence
-judicial review
incorporation doctrine
incorporates most of the protections from the bill of rights to the states
selective incorporation
incorporates the bill of rights into the due process clause of 14th amendment
