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
