Test 3! Flashcards
Who wrote BOR
James Madison
3-12 Amendments of the constitution
Bill of Rights
State governments and BOR
Some states don’t respect human rights, and have their own BOR
Benjamin Gitlow
gave out communist pamphlets in NY, but NY didn’t have freedom of speech. Appellate court used incorporation doctrine to say that speech is a liberty
Incorporation Doctrine
Taking a right previously stated (speech, religion, eat) and incorporating it into the 14th amendment (everyone has life liberty and property)
Exclusionary rule
If police obtain evidence without a warrant, it can’t be used in court (Matt vs. Ohio- police broke into her house looking for drugs, but arrested her for obscene photos)
Gideon vs. Wainright
Arrested for breaking into a pool hall. couldt afford a lawyer so he represented himself and went to jail. found out that a lot of other people could not afford a lawyer. Appealed and court said they have the right to a lawyer in any case, not just capital (Powell vs. Alabama said a lawyer for capital cases)
Miranda vs Arizona
Police didn’t tell people they could have a lawyer and to be silent so they let everyone convicted after 1964 to have another trial bc people were put in jail from their own confession. Anyone arrested now has to be read their Miranda Rights.
Escabido vs. Illinois
incorporated the 5th and 6th amendment into the 14th
Roe vs Wade
state governments can’t outlaw abortions in the 1st trimester, says its a violation of privacy
“your freedom to swing your fist stops where my nose begins”
Freedoms/ rights are limited
Civil Liberties vs Civil Rights
Liberties: liberties that we have
Rights: opportunity to enjoy liberties
Ingal vs Vitale
Separation of church and state- declared a law about saying a nondenominational prayer in school
Women as property
Ga 1st state to give property rights to married women
Women voting
Men didn’t think any women would want to vote, so they started making laws keeping them from voting.
Wyoming allowed women to vote, led to Congress making the 19th Amendment allowing women suffrage
Equal Pay Act-1963
Men and women doing the same job can’t pay women less for doing the same job
Civil Rights Act-1964
Gave blacks equal pay
Amendment to Civil Rights Act -1967
Made employers practice equal opportunity to women and blacks
Affirmative Action
its not sufficient for employers to wait for minorities to apply for job. they must go out of their way to try and hire them
Civil rights for black people
cultural issue not solved when blacks got rights
Black Codes
Laws made to limit blacks
Overt Law
blatantly states a law or rule
Covert Law
sneakily keeps a group of people from doing something ex: black codes, requiring a literacy test to vote
Blacks in politics
Democratic party kept blacks from their primaries bc they didn’t allow them to join the private parties
Smith vs Allright
Political parties are public not private/ can’t have all white primaries. Cant excommunicate people from political parties
Plessy vs. Ferguson
separation of races on busses, opinion said that separate but equal policy was not a violation of the 14th amendment. “equal” part was almost never true. Segregation remained the policy until 1954
brown vs Board of edu of Topika Kansas
Little girl had to go to a black school 21 blocks away, declared separate but equal unconstitutional
President Eisenhower
Fought for segregation and sometimes sent in troops to aid
Voting Rights Act
we know about the tricks, and we keep passing laws to get rid of the tricks, but they keep thinking of new tricks, so with this law we declare that any law trying to keep black people from voting is illegal. Also called out states that do this, and said if a state wants to change their voting laws, they must submit them to the US Dep. Of Justice or US District court in Washington, DC. Also says if voter turn out in any ethnic group is limited, federal govt will send in voter registrars, to register people being discouraged from voting, to make sure that they can vote on election day. Cured a lot of problems that black people had bc now politicians cared about them.