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civil rights Flashcards

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1
Q

bill of rights

A

the first 10 amendments added to the constitution within three years of it’s ratification

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2
Q

civil liberties

A

protections from the abuse of government power

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3
Q

civil rights

A

protections from discrimination based race, gender or minority status

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4
Q

selective incorporation

A

the idea that the bill of rights has been applied to the state laws on a case by case basis

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5
Q

which rights have not been incorporated and thus restricted by the states?

A

3rd, 5th, and 7th amendment

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6
Q

first amendment

A

freedom of speech, press, petitioning government, assembly, religion

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7
Q

are the rights in the first amendment absolute?

A

no they are not and be limited in the interest of greater public good

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8
Q

clear and present danger test

A

the idea that if speech poses a clear and present danger, it is not protected under amendment 1

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9
Q

Schenck vs. United States

A
  • Schenck was passing out leaflets telling people to not join the draft
  • was put on trial and because his words posed a clear and present danger to national security, he lost the trial
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10
Q

slander

A

spoken defamation

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11
Q

libel

A

written defamation

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12
Q

what does unprotected speech include?

A

false defamatory speech, obscenity, speech that incites violence

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13
Q

why can you burn the american flag?

A
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14
Q

preferred position doctrine

A

freedom of speech is fundemental to liberty so limits on speech must be severe threats to the nation

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15
Q

tinker v. des moines

A

-john and mary beth tinker wore black armbands to school to protest vietnam war and got suspended
-first amendment was in question whether or not it applied since it protects minors at school in certain cirumstance
-court held that students speech wwas procteced by amendment 1 as longa s it didn’t violate specific constitutional regulations and di not cause a substantial disruption

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16
Q

prior restraint

A

the ability of the government to strike parts of an aritcle or block it before it’s publication

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16
Q

shield laws

A

protect reporters from being jailed if they choose not to reveal their sources

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17
Q

three part obscenity test

A

-would the average person think this appeals to people’s sexual instincts
- does the work lack other value or is it art, political, scientific
-does it depict sexual behavior

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18
Q

new york times v. united states

A

-pentagon papers got leaked to nyt and government sued the nyt when they drafted an article abt it
-government claimed releasing this violated espionage act of 1917 and could therefor use prior restraint
-supreme court held that nyt could release the pentagon papers since the government didn’t really prove much
-this case enacted a heavy presumption against prior restraint in the supreme court

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19
Q

freedom of association

A

freedom to join as many groups as you want about whatever you want as long as it poses no risk to national security

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20
Q

letter from a birmingham jail

A

-letter written by mlk that discussed the movement he was leading and explained the paradox created by them following just laws and breaking injust laws
-this piece called for a new approach, to cause tension that would make the government notice them

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21
Q

establishment clause

A

prevents the government from establishing a state religion

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22
Q

free exercise clause

A

government may not prevent people from practicing their religion
-as long as no harm is being done to others

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23
Q

lemon test

A

-does the law have a secular purpose
-does the law neither promote nor discourage religion
-does the law avoid excessive entanglement of the government and religious institutions

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24
Q

engel v. vitale

A

-jewish families sued their school district for imposing prayer in the classroom
-families argued this violated first amendment establishment clause
-supreme court held that school prayer does violate the establishment clause

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25
Q

second amendment

A

right to keep and bear arms

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25
Q

wisconsin v. yoder

A

-amish stopped sending their kids to school after 8th grade but then the state of wisconsin fined the families $5
-did this fall under the free exercise clause of the first amendment?
-supreme court held that the amish’s decision was protected under the free exercise clause

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26
Q

mcdonald v. chicago

A

-mcdonald wanted to buy a handgun but was unable to due to chicago’s new handgun restrictions
-claimed this violated due process clause of the 14th amendment
-supreme court said states cannot defy the rights given by second amendment and struck down laws that were regulating guns

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27
Q

us v. lopez

A

-lopez was arrested for bringing a gun to school and then was charged with violating the gun free school zones act of 1990
-lopez claimed that federal government couldn’t charge him with this because they can’t control schools but they said they could because they could regulate commerce, interstate trade
-court held that this did not qualify as part of the commerce clause and struck down gun free school zones act

28
Q

third amendment

A

no quartering of soldiers

29
Q

fourth amendment

A

no unreasonable searches and seizures

30
Q

search warrant

A

if police have a probable cause, they can get a judge to issue them a search warrant to find the evidence that proves a crime was committed

31
Q

inevitable discovery rule

A

illegally obtained evidence that would’ve inevitably been discovered can be admissible in court in some cases

32
Q

exclusionary rule

A

if police obtain evidence through search or seizure without a warrant, it’s not admissible in court

33
Q

objective good faith

A

allows for convictions in cases in which a search was not technically legal but was conducted under the assumption that it was legal

34
Q

exigent circumstances

A

reason to believe someone may be harmed or that evidence could disappear by the time they received a warrant and disappeared

35
Q

fifth amendment

A

-due process for federal gov
-the right to not self incriminate
-grand jury for capital crimes

35
Q

rights granted to the accused

A
36
Q

double jeopardy

A

this is something the 5ht amendment protects against, which is being persecuted maliciously for the same crime again and again

36
Q

gideon v. wainwright

A

-gideon was charged with breaking and entering, theft, destruction of property and was not given an attorney during his trial
-gideon argued his sixth amendment right to an attorney was violated
-supreme court held that florida violated gideon’s right to an attorney and this set the rule that all defendants are given the option of having attorney represent them

37
Q

sixth amendment

A

right to an impartial jury, to know your charges, and to have an attorney. the right to a speedy trial

38
Q

miranda rights

A

all legal rights must be read to defendants

39
Q

habeas corpus

A

protects against unlawful imprisonment and person cannot be held indefinitely they without being formally charged by a judge or without legal reason to extend their detainment

40
Q

seventh amendment

A

right to a trial by jury in civil cases

41
Q

eight amendment

A

no cruel or unusual punishments
no excessive bail

41
Q

ninth amendment

A

enumerated rights of citizens will be protected whether these rights are listed or not.

42
Q

tenth amendment

A

all powers not given to federal gov are given to the states

43
Q

implied right to privacy

A

griswold vs connecticut ruling determined that us citizens are garunteed a right to privacy as a combination of the 1st, 3rd, 4th, 5th, 9th, and 14th amendment

44
Q

the civil war

A

with the issuance of the emancipation proclamation in 1863, this became a war over slavery

45
Q

thirteenth amendment

A

prohibited indentured servitude and slavery is illegal

46
Q

fourteenth amendment

A

all citizens of the US were entitled to equal protection by due process
-was narrowly interpreted during the 1880s to allow segregationist laws

47
Q

fifteenth amendment

A

-voting rights to men of any race/color
-banned laws that would prevent african americans from voting because of their race

48
Q

civil rights act of 1875

A

banned discrimination in public places

49
Q

jim crow laws

A

segregationist laws against black poeple

50
Q

poll tax

A

taxes that had to be paid in order to vote
-a way to limit black people from voting since most were poor

51
Q

grandfather clause

A

exempt anyone who’s grandfather voted, from voter restrictions
-helped illiterate and poor white people still be able to vote

52
Q

equal pay act of 1963

A

illegal to base an employee’s pay on their race, gender, religion, etc.

53
Q

twenty-fourth amendment

A

outlawed the poll tax

54
Q

voting rights act of 1965

A

allowed the government to step in to any state with less than 50% of the voters being registered to vote and the federal government could register voters

54
Q

civil rights act of 1964

A

-prohibited discrimination in public accomodations(offices, transportation) and federal services
-prohibited hiring based on race and/or gender
-required government to cut off funding for any programs that did not comply with this law

54
Q

civil rights act title VIII

A

banned racial discrimination in housing

55
Q

civil rights act of 1991

A

eased restrictions on employees being able to bring suit against employers with discriminatory hiring practices

56
Q

brown v. board of education

A

-20 families from topeka kansas sued against their board of ed for allow school segregation
-since it didn’t violate plessy v ferguson, the state court thought it was fine
-did 14th amendment equal protection clause apply to school segregation
-yes it did apply and court ruling held that racial segregation has detrimental impact on mental health of black students so therefore it shouldn’t be allowed
-judicial activism

57
Q

de facto segregation

A

segregation that exists out side of law

58
Q

de jure segregation

A

segregation enforced by law

59
Q

affirmative action

A

creates special employment opportunities for minorities

60
Q

reverse discrimination

A

discrimination on whites?

61
Q

ninteenth amendment

A

gives women the right to vote

62
Q

equal pay act of 1963

A

made it illegal to base an employee’s pay on race, gender, religion, or national origin

63
Q

title IX higher education act

A

prohibits gender discrimiantion by insutitons of higher educaiton that recieve federal funds

64
Q

civil rights restoration act of 1988

A

allowed government to cut funding to programs that violate the law

65
Q

lilly ledbetter fair pay act of 2009

A

closed a loop hole that limited suits on discriminatory pay

ap gov (9 decks)

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