Civil Liberties & Civil Rights Flashcards
Civil Liberties
protections against government restrictions on the freedoms of conscience, religion, and expression - as well as due process a fair trial procedure
Civil Rights
the rights of all people to due process and the equal protection of the laws, including the right of all people to be free from irrational discrimination
Legal Privileges
rights granted by the government that may be subject to conditions
Writ of habeas corpus
a court order requiring the explanation to a judge as to why a prisoner is being held in custody
Ex post facto laws
a retroactive criminal law that works to disadvantage a person
Due Process Clause
limits the state and federal government from depriving a person of life, liberty, or property without due process of law; in the fifth and fourteenth amendment
Selective Incorporation
the process of applies the provisions of the Bill of Rights
Cases that deal with the freedom of Speech
- Schenck v. the United States (1919)
- Tinker v. Des Moines (1969)
- New York Co. v. United States (1971)
Cases that deal with the freedom of Religion
- Wisconsin v. Yoder (1972)
- Engel v. Vitale (1962)
Cases that deal with the freedom of Privacy/ Property
- Roe v. Wade (1973)
- McDonald v. Chicago (2010)
Cases that deal with Rights of Defendant
- Gideon v. Wainright (1963)
Establishment Clause
states that any level of government may not create an establishment respecting any religion; in the First Amendment
Free Exercise Clause
states that congress can make no law that prohibits the free exercise of religion; in the First Amendment
Bad Tendency Test
allowed the restricting of speech that encourages illegal activity
Clear and Present Danger Test
government cannot interfere with speech unless it presents a clear and present danger that will lead to evil or illegal acts
Preferred Doctrine Policy
interpretation of the First Amendment that holds that people can only be punished for what they do, not what they say
Prior Restraint
Censorship from government on speech prior to its publication or broadcast
Content Neutral/ Viewpoint Neutral
courts are more likely to uphold laws that limit all content, as opposed to laws that limit a certain viewpoint
Libel
published falsehoods that harm a person’s reputation
Obscenity
speech ‘excessively concerned with sexual matters’ difficulty defining obscenity
Fighting words
words that directly lead to a breach of the peace
Civil Disobedience
deliberate refusal to obey a law or comply with the orders of public
Eminent Domain
the ability to take private property for public use
Regulatory Taking
allows a person to physically own their property - but still restricts the use of the land due to government regulation
Procedural Due Process
constitutional requirement that governments proceed by proper methods; limits how government can exercise power
Substantive Due Process
constitutional requirement that governments act reasonably and that the substance of laws themselves be fair and reasonable; limits what a government may do
Exclusionary Rule
a legal requirement that evidence gathered illegally be excluded from a criminal trial; violates the Fourth Amendment
Before a trial begins, a person must be ______ by a grand jury
indicted
Grand Jury
a jury that is concerned with reviewing that available evidence, and determining if there is enough to charge the defendant; differs from a trial jury
Civil Rights
protections against discrimination resulting from the division of majority and minority in population
Difference between Civil Rights and Civil Liberties
Civil Rights show what the government must do in order to provide equal protection; Civil Liberties show what the government is not allowed to do
Poll Tax
a required payment of a fee to vote; disenfranchised both poor white and poor black voters
Grandfather Clause
a law that limited voting to only people that could prove their ancestors voted prior to 1867
Literacy Test
a test that required prospective voters to read, recite, or interpret text in the Constitution
White Primary
a state primary election whose voters were exclusively limited to the white population
Types of Voting Barriers
- Poll Tax
- Grandfather Clause
- Literacy Test
- White Primary
Types of Segregation
- De Jure Segregation
- De Facto Segregation
De Jure Segregation
segregation resulting from discriminatory laws or government actions
De Facto Segregation
segregation resulting from factors other than laws - residential patterns, choice, etc.
Which Amendment do “Separate but Equal” facilities violate?
They violates the Equal Protection Clause of the 14th Amendment
What is the general concept of Civil Rights?
nonviolence
Malcom X
the most visible leader of the early Black Power movement
Black Power Movement
an alternative movement that happened both simultaneously and after the Civil Rights movement
Traits of the Black Power Movement
- takes a more militant stance; people should fight back when oppressed
- desegregation should not result in cultural assimilation
Timeline of the Civil Rights Movement
- Rosa Parks refused to move from her seat and was arrested (1955)
- Dr. King and other pastors meet in Atlanta to discuss protests (1957)
- Ruby Bridges is escorted in Willian Frantz Elementary School (1960)
- The “Freedom Riders” - black and white activists - rode buses and protested racial segregation (1961)
- “March on Washington” and Dr. King’s “I Have a Dream” speech (1963)
- “Blood Sunday” a March in Selma to Montgomery to protest black voter suppression (1965)
Results of the Civil Rights Movement
- Civil Rights Act of 1964
- Voting Rights Act of 1965
Civil Rights Act of 1964
a law preventing employment discrimination due to race, color, sex, religion, or national origin
Voting Rights Act of 1965
a law that prevents the use of literacy tests for voting, allows the government to review voter qualifications, allows federal observers to monitor polling paces
Assassination on Malcom X (1965)
Malcom X is assassinated by members of the Nation of Islam
Supreme Court Standards for Judicial Review
- strict scrutiny
- intermediate (exacting) scrutiny
- rational basis
Suspect Classification
a class or group of people that are likely the subject of discrimination
When is strict scrutiny used?
when considering a fundamental right at stake or when laws are based on suspect classification
When is intermediate scrutiny used?
when considering laws that challenge gender classifications
Which is the least strict of the standards of judicial review?
the rational basis test
Affirmative Action
policy efforts to improve employment and other opportunities for members of groups that have faced discrimination
