Lesson 6 Flashcards
Final issue on civil liberties
Right to privacy: amendments 3 and 4
Mapp v. Ohio (1961)
Established the “exclusionary rule” for states
Exclusionary rule + what modified it
Illegally obtained evidence cannot be used in court
-plain sight doctrine
Griswold v. Connecticut (1965)
Individuals have the right to privacy in matters of sexuality
Roe v. Wade(1973) + what it is based on
Abortion is constitutionally protected
-4th amendment
U.S. v Leon (1984)
-Modified Mapp by creating the “good faith” exception to the exclusionary rule
EX: officer has warrant to search first floor of house… Hears water running and goes to turn off downstairs and finds drug operation
Planned Parenthood v. Casey (1992)
Upheld 24hr wait period for minors seeking an abortion, struck down “informed spousal consent ,” upheld the basic principles of roe,
What’s the difference between civil liberties and civil rights?
The basis for civil rights rests on the Equal Protection Clause of the 14th amendment
Brown v. Board (1954)
Declared that “separate but equal” is a “denial of the equal protection of the laws
When was the Equal Protection Clause applied in a forceful way?
Even though the incorporation doctrine wasn’t applied until Gitlow(1925), it wasn’t until Brown v. Board that it was forceful
What has the court adopted? What is it?
Strict scrutiny test: law that discriminates must fulfill a “compelling government interest” (based on race)
Civil Rights Act of 1964
Prohibited discrimination in public accommodations such as hotels and restaurants
Heart of Atlanta Motel v. United States(1964)
Upheld civil rights act of 1964 by invoking the Commerce Clause
Voting Rights Act of 1965
- added protections for the right of black americans to vote
- added provisions for assistance in the registration process
Civil Rights Act of 1968 +what it helped
Made illegal the practice of selling real estate based on race, color, religion, national origin, gender
-helped keep suburbs of america white
Swann v. Charlotte-Mecklenberg County Schools (1971)
Allowed school districts to employ busing as a means of complying with the desegregation mandate or the Brown decision
California Board of Regents v. Bakke(1978)
- racial quotas are unconstitutional. They constitute “reverse discrimination” and violate equal protection
- universities can use race as one among many factors in admissions
Richmond v. Corson(1989)
Led to a set of procedures for judging the legitimacy of affirmative action programs
Procedures for judging affirmative action programs
1) is there evidence of past discrimination against racial minorities
2) if yes, the affirmative action program must be “narrowly tailored to break down patterns of past discrimination”
Gratz v. Bollinger(2004)
University of Michigan’s affirmative action program unconstitutional. Relied too much on a quota-like system
Grutter v. Bollinger
University of Michigan law school’s affirmative action program upheld: it relied on a broad-based method of factoring race into admissions
What did California do in 1996?
Passed a law prohibiting the use of race or gender in government hiring practices and public university admissions
What did Michigan do in 2006?
Passed a constitutional amendment banning affirmative action in the state’s public universities
What are 4 important events for women?
1) Seneca Falls Convention
2) 19th Amendment
3) Publication of the Feminine Mystique by Betty Friedan
4) Formation of National Organization for Women in 1966
Title VII of the Civil Rights Act of 1964
No gender discrimination in hiring
Title IX of the Education Act of 1972
No gender discrimination in public education
Reed v. Reed (1971)
Unconstitutional for states to favor men over women in selecting the executor of an estate
Craig v. Boren (1976)
Medium scrutiny standard established for gender discrimination
Dothard v. Rawlinson (1977)
States cannot prevent women from serving as prison guards in all-male prisons
UAW v. Johnson (1992)
Employers cannot disqualify a woman from a job just because it is a potential er health
Ledbetter v. Goodyear Tire and Rubber Co.(2007)
- court decided against Ledbetters’ complaint of pay discrimination but….
- congress took up the case and passed the Lilly Ledbetter Act in 2009.
Lilly Ledbetter Act (2009)
Allowed women to sue employers for wage discrimination regardless of when the discrimination occurred
Bowers v. Hardwick (1986)
Upheld a Georgia antisodomy law
Romer v. Evans(1992)
Figure 6-31 size classes struck down Colorado constitutional amendment forbidding passage of laws protecting homosexuals
Boy Scouts of America v. Dale (2000)
- upheld boy scouts policy barring homosexuals from the organization
- boy scouts invoked “freedom of association” clause of 1st amendment
- opponents invoked cicil rights act of 1964
Lawrence v. Texas(2003)
Overturned Romer in ruling antisodomy laws unconstitutional
United States v. Windsor(2013)
Defense of marriage act ruled unconstitutional
Obergefell v. Hodges (2015)
- ruled that states must issue marriage licenses to gat couples in compliance with equal protection clause of the 14th amendment
- gay marriage made effectively legal in all 50 states
1992 president bill clinton
Issued executive order establishing the “Dont ask, Dont tell” policy
Don’t ask, Don’t tell policy
If you weree in the military, dont ask anyone of you are gay, dont tell anyone if you are gay,. If they find out you are gay, you are out
1996 Bill Clinton
Signed into law the Defense of Marriage Act(DOMA)
Defense of Marriage Act
Gave states exemption from the “full faith and credit” clause of the constitution in matters of gay marriage
Throughout the George W. Bush administration
Gay marriage opponents pushed a constitutional amendment prohibiting gay marriage
2008 only states that allowed….
Massachusetts, Connecticut, and California only 3 states that allowed gay marriage
2010 Congress
Repealed “Don’t Ask, Don’t Tell”
American Association of Retired Persons(AARP)
- founded
- what are they
- founded in 1958
- powerful interest group representing the interests of the elderly
What is AARP most committed to?
preserving social security and medicare
What does AARP also guard against?
Age discrimination in employment
Why don’t politicians cross AARP?
Old people vote
In 1975…
Congress passed the Individuals with Disabilities Education Act(IDEA)
What practices did IDEA create?
1) Individualized Education Plan (IEP)
2) Free Appropriate Public Education (FAPE)-cant charge extra
3) Least Restrictive Environment(LRE)
Least Restrictive Environment
School required by law to mainstream as many students as possible
In 1990…
Congress passed the Americans with Disabilities Act (ADA)
ADA (3)
- applies the civil rights act of 1964 to those with a disability
- mandates that employers provide “reasonable accommodations” for disabled employees
- mandates that “public accommodations” provide accessibility to disabled
Bureau of Indian Affairs
Enforces all legislation pertaining to reservations and other related matters
What does the U.S. Government recognize Indian Reservations as ?
Semi-sovereign
What do civil rights questions often revolve around?
The extent of aid owed to native americans
