Civil Liberties and Civil Rights Flashcards

1
Q

Civil Right

A

Constitutional guarantees of equal opportunity and protection such as freedom from unwarranted searches, fair trails, and the right to vote.

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2
Q

Civil Liberty

A

Freedoms guaranteed to individuals in the US Constitution’s Bill of Rights; these liberties restrain or stop government from taking particular actions, thus protecting individual choices.

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3
Q

23rd amendment

A

DC gets electoral votes

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4
Q

17th amendment

A

Direct election of senators

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5
Q

Civil rights act of 1964

A

this law outlaw’s discrimination based on race, color, religion, sex, or national origin

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6
Q

Voting rights act of 1965

A

this law prohibits racial discrimination in voting

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7
Q

Title IX of the education amendments of 1972

A

this law made it illegal to discriminate on the basis of sex in any education program or activity receiving federal financial assistance.

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8
Q

intermediate scrutiny

A

used when a case involves discrimination based on gender or sex. burden of proof is on the government, which must demonstrate why the unequal treatment is needed

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9
Q

Strict scrutiny

A

highest level of scrutiny. cases in which a fundamental right is violated. cases in which government action applies to a “suspect class” or “protected class” such as race, religion, or national origin. burden of proof on the government, which must show that there is “compelling interest” for treating people differently

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10
Q

1st amendments five freedoms

A
  1. freedom of religion
  2. freedom of speech
  3. freedom of press
  4. freedome of peaceful assembly
  5. freedom of petition the government to make amends for any government actions that hurt us
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11
Q

4th amendment

A

warrants are necessary for searches and seizures to take place and warrants must be granted by a judge who, acting on a sworn statement for law enforcement

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12
Q

5th amendment

A

a grand jury indictment is necessary to indict you for a serious crime, you cannot be tried for the same crime twice (double jeopardy), your life, liberty, or property cannot be taken without due process

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13
Q

6th amendment

A

right to a speedy and public trial, right an impartial jury, right to confront any witnesses against you, and right to an attorney

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14
Q

8th amendment

A

you are protected from excessive bail, you are protected from excessive fines and you are protected from cruel and unusual punishment

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15
Q

7th amendment

A

your right to a civil trial is guaranteed, if the dispute exceeds $20 and the facts decided by a jury in a civil trial are not to be questioned, except under the rules of common law.

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16
Q

“Lemon Test”

A
  1. the action or law must not lead to excessive government entanglement with religion
  2. the action or law can neither inhibit nor advance religious practice
  3. the action or law must have some secular purposes
17
Q

The Miller Test

A
  1. appeal to prurient (sexual) interest
  2. be patently offensive within the standards of a particular community
  3. lacks serious literary, artistic, political, or scientific value
18
Q

Equal protection clause

A

a clause in section 1 of the 14th amendment that prohibits the government from denying any person equal protection under the law

19
Q

What was the “separate but equal” doctorine?

A

the laws also called for segregation of whites and blacks in public places under the doctrine

20
Q

14th amendment

A

provided the rights of citizenship, due process by the states, and equal protection under the law

21
Q

13th amendment

A

abolished slavery

22
Q

15th amendment

A

right to vote cannot be denied based on race

23
Q

19th amendment

A

granted all women the right to vote

24
Q

Plessy v Ferguson

A

Separate but equal

25
Q

Miranda v Arizona

A

informed of constitutional rights

26
Q

Mapp v Ohia

A

evidence obtained without a warrant could not be used in criminal trial

27
Q

Cohen v California

A

symbolic speech

28
Q

Texas v Johnson

A

Burning the flag was a form of symbolic speech protected by the first amendment

29
Q

Obergefell v Hodges

A

same sex marriage

30
Q

roe v wade

A

a constitutional right to privacy that protects a woman’s right to terminate a pregnancy

31
Q

furman v georgia

A

a jury must be used to make factual determinations to base a death penalty on

32
Q

gillette v united states

A

a person must be opposed to all wars and not just a particular war to claim conscientious objector status