Civil Liberties and Civil Rights Flashcards
What are the 2 categories in the Bill of Rights
Civil Rights and Civil Liberties
What are civil liberties
freedoms guaranteed to individuals in the U.S. Constitution’s Bill of Rights that restrain or stop government from taking particular actions, thus protecting individual choices; proscriptions (limits) on government’s power
What are civil rights
constitutional guarantees of equal opportunity and protection such as freedom from unwarranted searches, fair trials, and the right to vote; prescriptions, or directions, for government’s power
What is the relationship to natural rights and civil liberties
same thing
What was the Civil Rights Act of 1964
federal law that prohibits discrimination based on race, color, religion, sex, or national origin; unequal application of voter registration requirements; and segregation in schools, employment, and public accommodations
What is a rational basis test
set of criteria the Supreme Court uses to analyze and decide court cases on types of discrimination; accuser must prove discrimination to the Court
What is intermediate scrutiny test
set of criteria used by a court to decide if the government is discriminating on the basis of gender or sex
What is a strict scrutiny test
rigorous set of criteria that courts use to analyze cases to see if a law or regulation is needed because of a “compelling state interest”
What is Reconstruction Era
An era in U.S. history from 1865 to 1877, following the Civil War; addressed the transition of slave states to non-slave economies and rendered full freedom, citizenship, and equality to African Americans
What is the Ku Klux Klan
a terrorist hate organization that espouses white supremacy, white nationalism, and anti-immigration ideologies, first established in the South after the Civil War; name probably derives from the Greek word kyklos, meaning circle, plus clan.
What is the civil rights movement
a 1960s social movement led by Martin Luther King, Jr., promoting nonviolent civil disobedience against racial discrimination that led to the Civil Rights Act of 1964, along with other important laws against racial discrimination
What is white flight
a phrase describing a social phenomenon occurring mainly in the 1950s and 1960s; the large-scale migration of people who are White from racially mixed urban areas into racially homogeneous suburbs
What is racial profiling
the act of making judgments about a person—usually negative— based solely on stereotypes about the person’s race
What is ex post facto laws
literally meaning “from a thing done afterward;” a law that applies retroactively, such as making a legal action suddenly illegal, with punishments; the U.S. Constitution prohibits Congress from passing any retroactive, or ex post facto, laws
What is a search warrant
a legal document issued by a court authorizing the search of a person or property for evidence of a crime
What is the 4th amendment
no unlawful searches or seizures of property without a warrant
What is the 5th amendment
indictment (formal charge of arrest)
no double jeopardy
due process
Eminent Domain - just compensation when government takes your property
What is the 6th Amendment
Right to speedy criminal trial
right to an impoartial jury
right to be informed of the accusation
right to confront & obtain witnesses
right to legal counsel
What is the 7th amendment
trial by jury in civil trials
What is the 8th amendment
no excessive bails and fines
no cruel and unusual punishment
What is the 13th amendment
abolishing slavery
What is the 14th amendment
equal protection and required states to honor the “privileges or immunities” of U.S. citizenship. That is conferred by birth or naturalization in the US
The Thirteenth Amendment prohibits slavery and involuntary servitude except when
A person is duly convicted of a crime
What is the Age Discrimination in Employment Act (ADEA)
This law was passed in 1967. It protects people 40 years of age or older. It prohibits discrimination against them in hiring, promotion, and other privileges of employment.
What is the Age Discrimination Act of 1975
This law prohibits discrimination based on age in programs that receive federal assistance. These include education, healthcare, housing, and rehabilitation programs.
What is the Civil Rights Act of 1957
This law prohibits intimidation or interference with voting rights based on race, color, religion, or national origin. It applies to people voting for president or members of Congress.
What is the Voting Rights Act of 1965
This law prohibits racial discrimination in voting
What is the Fair Housing Act (Title VIII of the Civil Rights Act of 1968)
This law requires equal housing rights. These apply regardless of race, color, national origin, religion, sex, familial status, or disability.
What is Section 504 of the Rehabilitation Act of 1973
This law extended civil rights to people with disabilities. It pertains specifically to education and employment. It allows for the reasonable accommodation of such persons.
What is the Americans with Disabilities Act (ADA)
This law was passed in 1990. It prohibits discrimination based on disability. It requires employers to make reasonable accommodations for employees with disabilities. And it created accessibility requirements for public accommodations.
What is the Equal Pay Act of 1963
This law made it illegal to pay different wages to men and women who perform equal work in the same workplace. (This law was reinforced by the Lilly Ledbetter Fair Pay Act of 2009.)
What is Title VII of the Civil Rights Act of 1964
This law made it illegal to discriminate against people on the basis of race, color, religion, national origin, or sex. It also prohibits retaliation against a person who complains about such discrimination.
What is Title IX (Education Amendments of 1972)
This law addressed any education program or activity receiving federal financial assistance. It made it illegal to discriminate on the basis of sex.
What is the Pregnancy Discrimination Act of 1978
This law made it illegal to discriminate against women because of pregnancy, childbirth, or related medical conditions.
What is the Lilly Ledbetter Fair Pay Act of 2009
reinforced the Equal Pay Act of 1963
What is Browder v. Gayle (1956)
Segregation of intrastate transportation is unconstitutional
What is Loving v. Virginia (1967)
State laws prohibiting interracial marriage are unconstitutional.
What is Jones v. Mayer Co. (1968)
Racial discrimination in the public or private sale or rental of property is against federal law.
What approach did the NAACP pursue to challenge African American discrimination
used the courts to challenge de jure racial discrimination
What is probable cause
the legal standard for determining whether a search or seizure is constitutional or whether a crime has been committed; a lower threshold than the standard of proof needed at a criminal trial
What is exclusionary rule
based on the Supreme Court case Mapp v. Ohio; evidence obtained as a result of an illegal search or seizure cannot be used in a criminal trial
What is double jeopardy
a legal prohibition against trying an individual (that is, placing the person “in jeopardy”) twice for the same crime, established by the Fifth Amendment
What is a statutory right
a right granted to you in a law or statute
What is voir dire
the questioning of potential jurors to determine their fitness to sit on a jury; French term meaning “to speak the truth”
What is common law
the form of law that is based on custom, precedent, and court decisions in England rather than on legislative decree
What is economic liberty
the right of individuals to obtain, use, and trade things of value for their own benefit
What is eminent domain
a power of government to take and use private property for a public purpose after fairly compensating its owner; also known as “the takings clause” of the Fifth Amendment
What is the Establishment Clause
listed in the First Amendment; prohibits the federal government from passing laws to create or promote a state-sponsored religion
What is the Free Exercise Clause
located in the First Amendment; protects the choice of each person to adopt and practice individual religious beliefs, forbidding the government to control or restrict such beliefs and practices
What was the outcome of Burwell v. Hobby Lobby Stores
hobby lobby store did not want to give contraceptives to employees required in the Affordable Health Care Act because of religious beliefs.
court said for-profit corporations that are privately head can exercise religious freedom and not provide contraceptives to employees
What is Carson v Makin
citizens can’t be excluded “from an otherwise generally available public benefit because of their religious exercise”
What is TINKER V. Des Moines Independent Community School District
Supreme Court established protecting SYMBOLIC SPEECH = or using symbols to communicate
What is COHEN v. California
Protects swear words on clothing as symbolic speech
What is TEXAS v. Johnson
protects disrespectful flag burning
What is MILLER v. California
protects indecent pornography as freedom of speech. Has to pass the “Miller Test” to determine if porn is illegal or legal
What is BRANDENBURG v. Ohio
Can be punished for saying ‘imminent lawless action’ words. Cant promote immediate harm or against the law. involved a KKK challenge
What is Slander and Libel
Slander (verbal lies) & Libel (written lies) are illegal and you can be sued and punished for
What is Branzburg v Hayes
Supreme Court said that reporters must reveal their confidential sources if needed in criminal trials
What is Prior Restraint
Government Censorship
Government can stop or suppress publication of classified information for national security
What is United States v. Cruikshank, 1875
said that congress cannot infringe on 2A but states are free to do whatever they want, so they restricted gun ownership for previously enslaved people
What is District of Columbia v Heller 2008
gun ownership is an individual liberty unconnected with the military or militias, therefore gun ownership cannot be restricted. Undid Cruikshank & Miller case
What is United States v. Miller 1939
supreme court affirmed that Congress (and states) could restrict what types of guns could be owned by people
What is McDonald v. Chicago 2010
expanded the Heller decision to all city and state governments nationwide
What is New York State Rifle & Pistol Association, Inc. v. Bruen 2022
State and local governments cannot prohibit people from carrying guns in public
What is the 3rd amendment
Soldiers cannot be quartered in your home during peacetime without your consent
Soldiers cannot be quartered in your home during war except as prescribed by law
What is the 4th amendment
Warrants are necessary for searches and seizures to take place.
Warrants must be granted by a judge. The judge acts on a sworn statement from law enforcement. The judge concludes there to be probable cause for the search or seizure.
What information does a warrant need to have
must describe the place to be searched. It must describe the person or things to be seized
What are the 5 basic exceptions to the 4th Amendment
If a person consents to the search
If the search takes place where the person lacks a “reasonable expectation of privacy”
If the item in question is in plain view
If the police fear that, during the time a warrant is being sought, evidence will be tampered with or destroyed
If the police reasonably suspect a person is involved in criminal activity
What is the 5th amendment
right to remain silent
life, liberty, and property cannot be taken without due process
a grand jury indictment is necessary to indict you for a serious crime
no double jeopardy
What is due process
a guarantee that people will be treated fairly and impartially by government officials
What is Gideon v. Wainwright
the Court extended the requirement of a court-appointed attorney to indigent (poor) defendants facing jail or prison in a non-capital case
What is the 7th Amendment
right to a jury and trial in civil cases
What is the 8th Amendment
No cruel or unusual punishment; No excessive bail or fines
What is Furman v. Georgia
the death penalty is not cruel and unusual; does not violate 8A
What is Brown v. Board of Education of Topeka
challenged and overturned the “separate but equal” doctrine of racial segregation
What types of cases would the Supreme Court use the rational basis test
Cases involving discrimination that do not involve protected classes
What is Lemon v. Kurtzman
ruled that a PA program that helped fund the salaries of parochial school teachers violated the Establishment Clause due to excessive entanglement with religion
