civil rights/liberties/morality Flashcards
conflict in gov’t role
public demands that gov’t should play role in regulating public + private behaviour
o Many expect gov’t to be final authority in outlawing discrimination
o But angry when it fails to conform to their interpretation of morality
civil liberties
rights protected under bill of rights
o Bill of rights wasn’t applied to state law
freedom of speech
o Gitlow V new York 1925 – established first amendment right to freedom of speech applied to state law
Supreme court gradually began to expand bill of rights
criminal procedural rights
o 1960’s – warren court greatly strengthened rights of accused + arrested persons invoking fourth, fifth, sixth
Gideon v Wainright 1963 – right to have counsel regardless of ability to pay
Escabedo V Illinois 1964 – prevented police carrying out interrogation until counsel present
keep and bear arms
o Has become increasingly controversial
o Having access to guns wasn’t as widespread as it is now
Increasing pro-gun control because of mass shootings and assassination attempts
gun control
o Brady bill – required wating time and background check for gun purchases
o 1994 crime control bill – banned range of assault rifles
opponents of gun control
o NRA + opponents of gun control
Believe that more education is more effective than gun control
Gun control would impede on liberty
o Presidents still cannot take a strong anti-gun stance
civil rights
o Plessy V ferguson – declared civil rights act unconstitutional
Southern states enacted jim crow
o Civil rights movement began after WWII after mobilizing AA males + creating mass migration of AA’s from south to north
o Desegregation began more swiftly after 1965 civil rights act
o Most of segregation in South was de jure
affirmative action
Inherently problematic
Involves clash between notion of individual worth + the collective interests of a group/race
Racial preference quotas
decline of explicit affirmative action
confirmed by supreme court refusal to review californias 1997 proposition banning ‘preferential treatment’ for minorities