Civil Rights Flashcards
What are civil rights?
Protections introduced by the government to ensure that a group of citizens are not discriminated against
What are civil liberties?
The freedoms enjoyed by individual Americans, e.g. freedom of speech
What amendment do many civil rights originate from?
The ‘equal protection’ clause of the Fourteenth Amendment (1865)
Example of a law passed by Congress which created civil rights
The Voting Rights Act 1965 outlawed discrimination that prevented African-Americans from voting
What are inalienable rights?
Rights that cannot be taken away
What are entrenched rights?
Rights explicitly mentioned in the constitution, that can only be removed through an amendment
What is the Third Amendment?
Right not to have military troops quartered in private homes
(shows how the Bill of Rights is less relevant now)
What year was the Bill of Rights?
1791
What was the 24th amendment?
Gave Americans the right to vote without requiring them to pay tax. Intended to give African-Americans greater voting powers.
What was the Equal Rights Amendment?
A proposed amendment to the constitution which was never ratified which would’ve entrenched the rights of women and made it illegal to discriminate against on the basis of sex
Why did the Equal Rights Amendment fail?
It was only ratified by 35 out of the necessary 38 states
What pressure group campaigned for the Equal Rights Amendment?
National Organisation for Women (NOW)
What are landmark rulings?
A judgement by the Supreme Court which fundamentally changes the way the constitution is interpreted
Brown v Topeka 1954
Students given the right not to be segregated by race
Griswold v Connecticut 1965
Right to use contraceptives within marriage
Miranda v Arizona 1966
Right for people to be informed of their 5th amendment rights before being questioned by the police
Loving v Virginia 1967
Laws banning interracial marriage declared unconstitutional
Lawrence v Texas 2003
Right to engage in consensual private homosexual activity
DC v Heller 2008
Individual right to bear arms
Altitude Express v Zarda 2020
Right of employees not to be discriminated against based on sexual orientation
How can pressure groups promote and support rights?
- Fundraising and advertising
- Lobbying and electoral donations
- Legal campaigns, amicus curiae briefs
What does ACLU stand for?
American Civil Liberties Union
How many members of the ACLU are there?
1.5m
What is controversial about the ACLU?
They defend the rights of ALL Americans, including Nazis and KKK
Example of ACLU defending Nazis
In 1978, they successfully defended the rights of neo-Nazis to march through an area of Chicago where many Holocaust survivors lived
Examples of landmark cases which the ACLU has contributed to
- Brown v Topeka
- Roe v Wade
How many lawsuits against the Trump administration did the ACLU file?
230
Example of a recent ACLU success
In 2020, they successfully won a case that made the discrimination on the grounds of gender orientation illegal
What does the NAACP stand for?
the National Association for the Advancement of Colored People
Examples of the NAACP successfully lobbying Congress
- Civil Rights Act 1964
- Voting Rights Act 1965
How were the methods of the NAACP different from campaigners like Martin Luther King?
Focused on using conventional campaigning methods instead of direct action
What SCOTUS case established the ‘separate but equal’ doctrine, used to justify racial segregation?
Plessy v Ferguson 1896
Indian Civil Rights Act 1968
Extended the protections of the Bill of Rights to Native American tribal governments
What is affirmative action?
Positive discrimination to favour minorities
How many states have banned affirmative action?
9
Fisher v University of Texas 2016
Ruled racial affirmative action was legal, as long as some criteria was met
Impact of the Voting Rights Act 1965
African-American turnout increased from 7% in 1964 to 67% in 1969
Shelby County v Holder 2013
States could impose restrictions on voting as the country had changed since 1965 - more than 25 states have introduced some voting restrictions since
How are incarceration rates higher for African Americans?
They only make up 12% of the population but 33% of the prison population
How does drug usage differ between racial groups?
It doesn’t - yet African Americans are 6x more likely to be incarcerated for drug crimes
What is felony disenfranchisement?
The loss of the right to vote by those who have committed a felony
How many states have completely banned people with felonies from voting?
11
What are ballot initiatives?
A petition signed by a certain number of people which triggers a referendum on their proposed law
Example of a ballot initiative
In 2018, voters in Florida passed a ballot initiative restoring the right to vote to those who had felonies - restored the right to vote to around 1.4m people
How much more likely are black Americans to be killed by police than white Americans?
2.5x
How many people were estimated to have attended the 2020 BLM protests?
23m
What are some structural differences between US and UK civil rights?
- Civil liberties and rights are entrenched in the US constitution
- Most US rights stem from Supreme Court decisions while in the UK they stem from acts of Parliament
