Exam 2 Flashcards
Civil Rights (definition)
Rights that the government must provide and protect
* voting rights
* equal opportunity
* equal protection under the law
Civil Liberties (definition)
Basic political rights that the government may not infringe
Judicial Activism vs Judicial Restraint
Judicial activism
* a doctrine holding that the federal judiciary should take an active role by using its power to check the activities of governmental bodies when those bodies exceed their authority
* linked with liberalism
Judicial Restraint
* a doctrine holding that courts should defer to the decisions made by the elected representatives of the people in the legislative and executive branches when possible
* linked with conservatism
Supreme Court appointment process
Has become much more partisan and ideological
USSC Chief Justices…
Earl Warren, Warren Burger, William Rehnquist, John Roberts
Sandra Day O’Connor
1st women appointed to the Supreme Court
Functions of the Supreme Court
- Legitimacy (sc works as the referee between gov and states)
- interpretation of law
- Policy making
Right to privacy
Griswold v. CT (1965)
- applied parts of the 1,3,4,5, and 9th amend
- involves birth control
- family owned businesses was arrested for selling birth control to married couples
- gov had no business in what families did in own home
- right to privacy and right to birth control
Roe v. Wade (1973)
- gave women right to abortion based on right to privacy
- Dobbs v. Jackson Women’s Health Organization overturned this
Griswold v. CT (1965)
- involves birth control
- family owned business was arrested for selling birth control to married couples
- gov had no business in what families did in own home
- right to privacy and right to birth control
Roe v. Wade (1973)
- gave women right to abortions based on right to privacy
- Dobbs v. Jackson Women’s Health Organization (2022) overturned this
De jure vs de facto discrimination
De jure: discrimination of people by law aka institutional discrimination (easier to fix bc you’re just changing policy)
De facto: social discrimination (harder to fix bc it involves changing people minds/heart)
Selective Incorporation
Using the 14th amend to apply Bill of Rights to the States (what this does is that it allows everyone the same rights in all states)
Gitlow v. NY (1925)
- involved speech rights
- determined that the 14th amendment protected the freedom of speech guaranteed by the First Amendment to the Constitution from state infringement
Near v. MN
- involved gov censorship
- freedom of the press
Gideon v. Wainright (1963)
- right to counsel
- gideon a white male was accused of murder, did not have an attorney and represented himself, he was sentenced to life in prison
- he later realized he was entitled to representation and got his conviction overturned
Mapp v. OH (1964)
- search and seizure (4th amendment)
- exclusionary rule comes out of this
Miranda v. AZ (1966)
- reading ppl their rights
- Miranda a special needs person was accused of assaulting a woman
- Did not know his rights, did not have an attorney and confessed to a crime he did not commit
Bill of Rights:
1—6, 8, 9 amendments
* did not apply to most people, mostly people who had a problem with the gov
Civil Rights Amendments
13, 14, 15, 19, 24, 26, amends
1st amend
- free expression (speech/symbolic speech), free press, freedom of/from religion, assembly (aka protest)/association (marriage or who you associate yourself with), petition
2nd amend
- state militias (due to fear of slave rebellions/attacks from Indian tribes), private means of protection
3rd amend
- freedom from gov surveillance
4th amend
Warrants/due process, protection for personal property (stuff/belonging)
5th amend
- freedom from self-incrimination, private property rights (capital assets: land, farm, businesses, etc) / eminent domains
6th amend and 7th amend
- speedy trials; jury trial
8th amend
- prohibitions against excessive bails and cruel and unusual punishment
9th amend and 10th amend
Rights retained by the people; powers reserved to the states
13th amend
Ended slavery (except in incarceration)
- human trafficking is the current version of slavery
14th amend
Mandated equal opportunity and equal protection under the law; birthright citizenship (longest in the constitution)
15th amend
Gave all (male) citizens the right to vote
19th amend
Gave women the right to vote
24th amend
Prohibited poll taxes
26th amend
Gave 18 year olds the right to vote
Historic Civil Rights and Liberties violations by the US gov
- Plessy v. Ferguson - legalized racial segregation
- Shelby County vs. Holder
- USA Patriot Act 2001
Civil Rights Act of 1964
- assassination of JFK compels Congress to pass civil rights act
- enforces 14th amendment
- title XII (7) against sex discrimination
- Includes equal rights for people of color and for women
- Less controversial than Voting Rights Act
Book
* created the Equal Employment Opportunity Commission to administer title XII
* the acts major provisions included…
- outlawed arbitrary discrimination in voter registration
- barred discrimination in public accommodations
- authorized the federal government to sue to desegregate public schools/facilities
- expanded power of the Civil Rights Commission and extended its life
- withheld federal funds from programs administered in a discriminatory behavior
- establish the right to equality of opportunity in employment
Voting Rights Act of 1965 and Section 2 + Shelby County v. Holder (2013)
Voting Rights Act of 1965 enforces 15th amend (gave all male citizens a right to vote)
- more controversial
- resulted in many politicians, not being elected
- also outlawed discriminatory voter registration tests
- authorized federal registration of voters in any political subdivision or state that discriminated electorally against a particular group
Section 2: prohibits voting practices or procedures that discriminate on the basis of race, color, religion, gender
Section 4(b): pre-clearance requirement
Section 5: Section 5 of the act requires that new voting practices or procedures in jurisdictions with a history of discrimination in voting be approved by the national government before being implemented.
Shelby county v. Holder : weakened voting rights act
- invalidated pre-clearnence requirement
- led to concerns about increase in voter suppression and discriminatory practices
Brown v. Board of Ed of Topeka, KS (1954-55)
- judicial actions
- Class action suit*
- 1954 ruling ordered desegregation of schools; overturned Plessy vs. Ferguson (1896) (ruling that apartheid Jim Crow, and legitimized all forms of segregation in the south)
- involved a mixed racial heritage male in a trolley that was segregated (public transportation)
- Someone knew about his racial heritage and opposed his presence in the white trolly, He was arrested
- 1955 ruling ordered desegregation ” with all deliberate speed” after nothing was done with the 1954 ruling
Regents of the University of California (aka UC Davis) v. Blake (1978)
- ‘are there limits’
- the first Supreme Court case addressing the constitutionality of affirmative action
- Bakke a white make, low income student, applied to UC Davis ‘special admissions program’ and was rejected even though he received higher test scores than those accepted who were minorities (reverse discrimination)
- he filed law suit arguing that the program violated the equal protection clause under the 14th amendment, and cited Title 6 of the Civil Rights Act
- Bakke won
- court did not rule against affirmative action programs but also ruled that race can not be the sole factor in admissions
Death Penalty
- Furman v. GA
- Greg v. GA
Furman v. GA (1972)
- ruled that death penalty was applied arbitrarily on the bases of race
- ruled that there was a violation of the 8th amendment, protection against cruel and unusual punishment
Gregg v. GA (1976)
- a sequel to Furman v. GA
- restored death penalty
- provided that there was a “bifurcated” (two-step) trial and scentencinggprovess, which must consider . . .
1) aggravating circumstances; - where other crimes committed at the same time as the murder
- are we dealing with a career criminal? Serial killer? Threat to society?
2) Mitigating circumstances - 1st offense?
- mental state at the time of killing?
- history of abuse as a victim
Bifurcated process; aggravating/mitigating circumstances
Greg v. GA provided that there was a “bifurcated” (two-step) trial and sentencing process, which must consider . . .
1) aggravating circumstances;
* where other crimes committed at the same time as the murder
* are we dealing with a career criminal? Serial killer? Threat to society?
2) Mitigating circumstances
* 1st offense?
* mental state at the time of killing?
* history of abuse as a victim
Title IX
Gender equity
Affirmative Action
A policy in educational admissions of job hiring that gives special attention or compensatory treatment to traditionally disadvantaged groups in an effort to overcome present effects of past discrimination
Equal Employment Opportunity
- deals with gender equity
- Title IX, 9, gender equity
- in jobs (takes effect after youv’e been hired), college admissions, etc
- gov can sue on your behalf
Bowers v. HARDWICK (1986)
- upheld GA state anti-sodomy laws
- court upheld a Georgia law that made homosexual conduct between two adults a crime
- was later overturned by Lawrence v. Texas
Class action suit
- a lawsuit filed by an individual seeking damages for “ all persons similarly situated”
- the brown class were class action suits
USA-PATRIOT Act of 2001
- significant piece of anti-terrorism legislation however . . .
- it potentially violates citizens freedom from unreasonable searches and seizures
- Warrantless surveillance without court approval violates due process
- It does not require the government to have “probable cause” for surveillance
- Makes even unknowing association with suspected terrorists a deportable offense ( freedom of association violation )
Affect vs. Cognition in voting decision
Affect (emotional response) - includes fear, anger, empathy towards candidates or issues
Cognition (how you should vote/what is good for me/society) - is more logic based
Buckley v. Valeo (1976)
- defined campaign funds as free speech
- no regulation on how much citizens spend on political campaigns
FECA
Federal Election Campaign Act
- contribution limits
- spending limits
State elections administration
It’s up to the states for how each wants to administer elections
Bill of Rights
The first 10 amendments
Citizens United v. Federal Election Commission 2010
Overturned part of McCain-Feingold campaign finance law (which banned soft money)
What level of government conducts elections?
States
Why do we have elections?
- Legitamacy
- Choosing leaders
Main goal of political parties?
Win elections
Realignment vs Dealignment
Realignment - changes in partisan majorities
Dealignment - rise in independent voting
Fiscal
Having to do with government revenues and expenditures
Political Reforms During the Progressive Movement
- voter registration: prevent nons citizens from voting and people voting more than once
- secret ballots: no one knows who you voted for
- split ticket voting
- at large elections
- non-partisan elections/offices (meaning candidates or nominees and local elections cannot state what party they support)
- open primary elections
- sunshine laws (open meetings/records/transparency)
Hiram Johnson (initiative, referendum, recall)
Hiram Johnson advocated for reforms during progressive movement
Initiative: process by which citizens can propose legislation or constitutional amendments
Referendum: process that allows voters to approve or reject legislation passed by the legislature
Recall: A process that allows voters to remove an elected official from office before the end of their term
Earl Warren
Earl Warren Court from 1953 to 69
* emphasized, civil rights and liberties and rights of the accused
* brown rulings, Map v. Ohio, Gideon v. Wainwright, Griswold v. CT
Warren Berger
Warren burger court 1969 through 86
* moderate, became more conservative as more Republican presidents appointed justices
William Renquist
William Renquist court from 1986 through 2006
* hard right turn during the Reagan years
* Bowers versus Hardwick
* Webster versus reproductive health
* Bush versus Gore
John Roberts
John Roberts Court
* corporist, rather than socially conservative
* citizens United versus federal election commission
