Competency 3.7 - analyze the key elements of US citizenship, including rights, privileges, and responsibilities Flashcards
civil rights
legal claims that individuals have to protect themselves from discrimination at the hands of both government and other citizens, and include the right to vote, equality before the law, and access to public facilities
individual liberties / civil liberties
protects the sanctity of people from arbitrary government interference
due process
the act of government following established procedures fairly and justly
habeas corpus
a writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person’s release unless lawful grounds are shown for their detention
bill of rights
first ten amendments to the constitution that contain many protections that define the ideals of american life
14th amendment
this amendment, passed in 1868, prohibits states from denying civil rights and individual liberties to their residents
1st amendment
this amendment, part of the original bill of rights, protects freedom of religion, speech, press, assembly, and petition
separation of church and state
the concept that religion and religious motives should play little to no part in government operations
free exercise clause
established with the first amendment, this clause allows citizens the freedom to practice any religion they desire, if any at all
establishment clause
established with the first amendment, this clause prevents the government from forcing a certain religion
4th amendment
this amendment outlaws unreasonable searches and seizures, mandates that warrants be granted only upon probable cause, and affirms the right of the people to be secure in their persons; fundamental to the court’s interpretation of due process and the rights of the accused
5th amendment
this amendment calls for a grand jury, outlaws double jeopardy, states that a person may not be compelled to be a witness against themselves, and is the basis for the Supreme Court rulings that protect the accused
double jeopardy
trying a person who has been acquitted of a charge for a second time
8th amendment
banishment of cruel and unusual punishments
Plessy v. Ferguson (1896)
supreme court rules the separate but equal doctrine is constitutional; since the ruling did not apply the equal protection standard, segregation continued
Brown v. Board of Education (1954)
overturned Plessy v. Ferguson, stating that separate but equal was unconstitutional
Dred Scott v. Sandford (1857)
ruled that as a slave, Scott had no right to sue for his freedom and further that congressional prohibitions against slavery in US territories were unlawful
Near v. Minnesota (1931)
barred states from using the concept of prior restraint (outlawing something before it has taken place) to discourage the publication of objectionable material, except during wartime or in the cases od obscenity or incitement to violence
West Virginia Board of Education v. Barnette (1943)
overturned an earlier decision and ruled that compulsory saluting of the flag was unconstitutional
Korematsu v. United States (1944)
upheld the legality of the forced internment of persons of japanese ancestry during WWII as a wartime necessity
Mapp v. Ohio (1961)
extended the supreme court’s exclusionary rule, which bars, at a trial, the introduction of evidence that has not been legally obtained (this ruling has been revised for circumstantial situations)
Gideon v. Wainwright (1963)
ruled that courts must provide legal counsel to poor dedendants in all felony cases
Escobedo v. Illinois (1964)
extended the right to counsel to include consultation prior to interrogation by authorities
Miranda v. Arizona (1966)
mandated that all suspects be informed of their due process rights before questioning by police
Tinker v. Des Moines School District (1969)
defined the wearing of a black armband in school to protest against the Veitnam War as “symbolic speech” protected by the first amendment
New York Times v. United States (1971)
allowed the publication of the controversial pentagon papers during the Veitnam War under the first amendment’s freedom of the press protection
Roe v. Wade
legalized abortion so long as a fetus is not viable
Bakke v. Regents of the University of California (1978)
declared the university’s quota system to be unconstitutional white upholding the legitmacy of affirmative action policies in which institutions consider race and gender as factors when determining admissions
Hazelwood School District v. Kuhlmeier (1988)
ruled that the freedom of press does not extend to student publications that might be construed as sponsored by the school
Obergefell v. Hodges (2015)
recognized the legality of same-sex marriage
