section 4 important stuff Flashcards
- Government must
LEAVE YOU ALONE
in your liberties. - Liberties are
PROSCRIPTIONS on
government power. - Or government is
PROHIBITED from
stopping your
liberties.
CIVIL LIBERTIES:
- Government must
PROVIDE civil
rights to you. - Rights are
PRESCRIPTIONS of
government
powers. - Government is the
ONLY legal way to
get your civil rights.
CIVIL RIGHTS
: freedoms guaranteed to individuals
which restrain, stop, prohibit or limit government.
– Government can NOT take them away from
CIVIL LIBERTIES
powers or privileges guaranteed to
individuals that must be provided by government.
Government’s decisions, choices
and actions to give civil rights to you.
Government must give RIGHTS equally and fairly based on 14th Amendment.
CIVIL RIGHTS:
scrutiny basis test most types of discrimination
rational scrutiny
scrutiny based on gender burden of proof is on government
intermediate scrutiny
scrutiny based on freedom
strict scrutiny
symbolic or non verbal protected speech
Tinker
prohibits lawless action words
Brandenburg VS Ohio
allows flag burning
WHAT COURT CASE?
Texas VS Johnson
pornography/obscenity test
Miller VS California
Super PACs have political speech
Citizens VS FEC
set up guidelines for death penalty
Furman VS Georgia
the Supreme
Court created a new (or previously unlisted) liberty called
the ‘Right to Privacy.’ Women could use birth control.
WHAT COURT CASE?
GRISWOLD V. CONNECTICUT
the Supreme Court increased
‘privacy’ to
include the right to an abortion in the first 3 months of the
pregnancy [1st Trimester].
WHAT COURT CASE?
ROE V. WADE
Womens Health, no more right to
an abortion. Each State Government will decide their own laws, not courts.
WHAT COURT CASE?
Dobbs v Jackson
Anti-war & anti-draft speech, including messages that use curse words, are protected as a result of this Supreme Court ruling
Cohen v. California
The Court applied the exclusionary rule to the States in
WHAT COURT CASE?
Mapp v. Ohio
According to the Supreme Court in __________________, the death penalty is allowed but a jury must be involved.
Furman v. Georgia
The right to privacy to include accessing birth control comes from this case
Griswold v. Connecticut
States cannot interfere with ownership of firearms according to the Supreme Court in which case:
McDonald v. City of Chicago
In this case, the Supreme Court allowed restrictions on ownership of firearms not normally used by the military, as well as tax the purchase and transfer of such weapons
US v. Miller
The Civil Rights Act of 1964 established the right to nondiscrimination in ________and the right to equality in ________.
public accommodations; employment
