Civil Rights & Liberties 3: Flashcards
1st amendment
freedom of religion, speech, press, people to gather together, petition the government
2nd amendment
a well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed
3rd amendment
right not to have soldiers live in your house
4th amendment
right to not have the police search you or your belongings unreasonably or w/o probable cause
5th amendment
right not to incriminate yourself, right not to be charged w/the same offense twice, right to have due process
6th amendment
right to have a speedy criminal trial, right to have a lawyer in a criminal trial
7th amendment
right to have a jury in a civil trial
8th amendment
excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted
9th amendment
rights specifically not listed in the Constitution (federal) shall not limit the rights not listed in the Constitution (state)
10th amendment
powers not specifically listed in the constitution for the federal government are reserved (given) to the states
13, 14, 15th amendments
civil war amendments
13th amendment
makes slavery illegal (1865)
14th amendment
Due Process and Equal Protection, Citizenship, Most of the BoR were not applied to State Laws
15th amendment
african americans allowed to vote, states cannot ban
19th amendment
guaranteed the right to vote for women
24th amendment
outlawed poll taxes
abortion
terminating a pregnancy, controversial and prominent political issue since Roe v. Wade
Affirmative Action
programs which seek to create special employment opportunities for minorities, women, etc
Bill of Rights
Specific restrictions on the Federal Government, first 10 amendments
Bills of Attainder
Declaring a person/group guilt w/o a trial, not allowed in our constitution
Brown v. Board of Education
Overruled “separate but equal” doctrine
Civil Liberties
Protections the Constitution provides against the abuse of governmental power
Civil Rights
Protecting certain groups against discrimination
Civil Rights Act of 1964
Increased the rights of African-Americans AND gave the Federal gov more power to enforce the law, cut money to the states if they did not enact the 24th
Clear & Present Danger Test
8th amendment, not allowed yet the death penalty in states makes this debatable
de facto segregation
segregated by neighborhoods that feed into a school system
de jure segregation
segregation by law (pre Brown v. Board)
Due Process
Appropriate legal procedures and safeguards must be followed
Due Process Clause
“No state shall deprive any person of life, liberty or property w/o the due process of law,” 14th amendment
Equal Protection
Laws, both federal and state, must provide equivalent protections to all people
Equal Protection Clause
“No state shall deny to any person within its jurisdiction the equal protection of the laws” 14th amendment
Equal Rights Amendment
Failed amendment effort to guarantee fully women’s equality under the law
Establishment Clause
“Congress shall make no law respecting an establishment of religion” 1st amendment
Exclusionary Rule
evidence gathered in violation of the Constitution (if there was not probable cause or police did not get a search warrant) cannot be used in a trial
executive privilege
power of the executive branch to resist inquiries and subpoenas, except in criminal investigations
Ex Post Facto
a law that makes illegal an act that was legal when committed, Not Allowed in our Constitution
Family Leave Act of 1993
12 weeks of unpaid leave for Mothers and Fathers
Freedom of Association
Government may not restrict the number of types of groups that a citizen may belong to, as long as those groups do not threaten national security
Free Exercise Clause
no government interference w/ religious groups and their activities, 1st amendment
Gideon v. Wainwright
Right to a lawyer in a state trial, selectively incorporated 6th amendment
Grandfather Clause
Allowed poor, illiterate whites to vote in the south, poll tax exemption for citizens whose grandfathers were allowed to vote prior to 15th
Griswold v. Connecticut
Established an implied right to privacy as citizens
Indictment
a formal charge or accusation of a serious crime
Inevitable Discovery Rule
SCOTUS has determined that illegally seized evidence that would have been found legally can also be admissible in court
Jim Crow Laws
Segregationist laws passed in the south
Lemon Test
SCOTUS w/their decision in Lemon v. Kurtzman have created a three-part test to determine if a law violates the Establishment CLause (Freedom of Religion)
Libel
written statement defaming another by false statement, not protected speech
Lilly Ledbetter Fair Pay Act 2009
Closed a loophole on discriminatory suits to favor women’s pay
Miranda v. Arizona
Your “rights” must be read to you, 5th, 6th, & 14th amendments at the time of a defendant’s arrest
objective good faith
exception to unreasonable search in which the government presumed it was a legal search
obscenity
an extremely offensive word(s) or expression, not protected speech
Plessy v. Ferguson
SCOTUS established the “separate but equal” clause
Poll taxes
A tax that must be paid to vote, discriminates against low income population, deprived many African Americans from voting
Preferred Position Doctrine
SCOTUS believes speech is fundamental to liberty, therefore any limits must be a threat to the nation or life
Prior Restraint
censorship by the government, usually toward the media
Probable Cause
Incident to an arrest crime is being committed and/or safety is a priority
Reverse Discrimination
opponents of affirmative action argue that these programs penalize whites which is illegal under the CIvil Rights Act of 1964
Rights of the Accused
Many are found in the 5th amendment, fundamental protections against governmental use of power
Roe v. Wade
SCOTUS established national abortion guidelines extending the inferred right of privacy in the amendments
Schneck v. US
Speech was not constitutionally protected because it posed a “clear & present danger” to the country
Search Warrant
an order from a judge authorizing the search of a place and describing what is to be searched and seized
Selective Incorporation
SCOTUS has nationalized the BoR by making most of its provisions applicable to the states through the 14th amendment
self-incrimination
a defendant cannot be forced to testify at trial, also defendant has the right to remain silent at the time of their arrest
sexual harassment
sexist or sexual behavior, physical or verbal, that creates a hostile work environment
Shield Laws
some states have enacted laws (protections) for media that they do not have to name their sources
Slander
Defamatory oral statement, not protected speech
Three-Part Obscenity Test
Miller vs CA, Obscenity is NOT protected by the 1st amendment. This test determines protected or unprotected
Voting Rights Act of 1965
Allowed the federal gov. to step into any state w/less than 50% registered voters or where there were literacy tests. Feds could register voters
Warren Court
Under Chief Justice Early Warran, SCOTUS expanded the protections granted to criminal defendants
Writ of Habeas Corpus
Article 1, Section 9 Relief from unlawful imprisonment, legal doc
26th amendment
extended the right to vote to 18 yr olds
cruel and unusual punishment
8th amendment, not allowed yet the death penalty in states makes this up for debate
