Outcome 3 Flashcards
Civil Rights
policies designed to protect people against arbitrary/discriminatory treatment by government officials or individuals
14th amendment
privileges and immunities, due process clause, equal protection clause
13th amendment
abolished slavery
Civil Rights Act of 1964
- racial discrimination in public accommodations illegal
- forbade employment discrimination
- EEOC monitor and enforce protections against job discrimination
- strengthened voting rights
- withheld federal grants that practiced racial discrimination
- authorized US justice department to initiate lawsuits to desegregate public schools/facilities
Suffrage
legal right to vote
Poll taxes
small taxes levied on the right to vote. Used by southern states to exclude African Americans from voting
White primary
primary elections that African Americans were excluded from
24th Amendment
prohibits poll taxes in state elections
Voting Rights Act of 1965
laws that help end formal/informal barriers to African American suffrage
Equal Rights Amendment (ERA)
equality of rights under the law shall not be denied/abridges by the US or states on account of sex
Comparable worth
Men and women are not always compensated equally for work
Americans with Disabilities Act of 1990
requires employers and public facilities to make reasonable accommodations for people with disabilities. Prohibit discrimination against them in employment
Affirmative Action
policy designed to give special attention to or compensatory treatment for members of a previously disadvantaged group
Equal protection of the laws
part of 14th amendment; laws must provide equal protection to everyone
19th amendment
extended voting rights to women
15th amendment
extended voting rights to African Americans
Shield law
laws that protect witnesses from revealing certain info in court
Libel
the publication of false and malicious statements that may damage someone’s reputation. Unusual for someone to pursue a libel case.
Commercial speech
communication in the form of advertising
Why is it more difficult for public figures to win libel lawsuits?
private individuals have lower standards to meet
Federal Communications Commission (FCC)
regulates content, nature, and very existence of radio and tv broadcasting
Freedom of Assembly- right to assemble
gather together to make a statement. Can conflict with other societal values
Freedom of Assembly- right to associate
Right to associate with people who share common interest, including interest in political change
Probable cause
Reasonable grounds for believing that a person is guilty of a crime
Unreasonable search and seizure
obtaining evidence in an unlawful manner (prohibited by 4th amendment)
Search warrant
written authorization from a court specifying the area to be searched and what the police may search for
What do police need to make a legal and proper search for and seizure of incriminating evidence
probable cause, search warrant
Plea bargaining
A bargain between a defendant’s lawyer and prosecutor to the effect that the defendant will plead guilty to a lesser crime in exchange for the state’s promise to not prosecute the defendant for a more serious crime or additional crime
Positives of plea bargaining
Saves the state the time and money that would be spent on trial, lesser charge for the defendant
Negatives of plea bargaining
Criminals might not get the full punishment they deserve
5 stages of the criminal justice system
- Crime (evidence gathered,
suspicion cast) - Arrest
- Prosecution (interrogation held,
imprisonment) - Trial
- Verdict (punishment imposed if
guilty)
How is a right to privacy implied?
- freedom of religion
- 3rd amendment (no quartering of soldiers)
- 4th amendment (no unreasonable searches+seizures)
- due process clause
- Griswold v. Connecticut (Constitutional rights implies right to privacy)
Are rights guaranteed by the 4-8th amendments more beneficial to criminals or society at large?
These rights protect all Americans, but make it more difficult to punish criminals
Key types of inequality in America
- racial discrimination
- gender discrimination
- discrimination based on age, disability, sexual orientation, etc.
Equal opportunity
everyone has the same chance to succeed
Equal results
different groups have the same percent of success in obtaining these jobs
Standards for classification under the equal protection clause based on race and ethnicity
inherently suspect (difficult to meet)
Standards for classification under the equal protection clause based on gender
intermediate scrutiny (moderately difficult to meet)
Standards for classification under the equal protection clause based on other groups (age, wealth, etc.)
reasonableness (easy to meet)
Policy focus during the slavery era
any public policy of the slave states or federal government had to accommodate the property interests of slave owners
Jim Crow Laws
enacted by southern white people to segregate African Americans from white people
Policy focus during the reconstruction and desegregation era
After the civil war ended, Congress imposed strict conditions on the former confederate states before they could be readmitted to the union
Grandfather clause
exempted persons whose grandfathers were eligible to vote in 1860 from taking literacy tests
Policy focus during the civil rights era
current civil right policies conform to the 18th century idea of limited government
De jure segregation
“by law”
De facto segregation
“in reality” (by social standings)
Equal Employment Opportunity Commission (EEOC)
Created in the Civil Rights Act of 1964 to monitor and enforce protections against job discrimination
How did Southern states deny African American’s the right to vote?
- required voters to take literacy tests
- relied on poll taxes
- white primary
- grandfather clause
Pregnancy Discrimination Act of 1978
illegal for employers to exclude pregnancy and childbirth from sick leave and health benefits plan
Gender inequality in the military
- Women weren’t permitted to serve in the most intense/physically hazardous combat positions until 2015
- Male-only draft is not considered as gender discrimination
Rehabilitation Act of 1973
added people with disabilities to the list of Americans protected from discrimination
Discrimination towards LGBTQ+
discrimination in hiring, education, access to public accommodations, marriage, housing, etc.
How does equality threaten liberty?
equality favors majority rule, so if the majority wants to deprive the minority of certain rights, the principle of equality can cause the denial of minority rights, and the principle of liberty condemns this action.
Civil rights and the scope of government
civil rights policies limit government discrimination, but it requires an active government effort to protect minority rights
How civil rights laws increase the power of government
by regulating the behavior of individuals and institutions…
- restaurants must serve everyone regardless of race
- professional schools must admit women
- employers must accommodate people with disabilities
Gun Control Act of 1968
- prohibits certain people from buying/possessing weapons
- guidelines for firearm purchases
