Unit 2 Flashcards
DE facto Segregation
Enforced by habbit
De jure segregation
Segregation enforced by law
Dred Scott v stanford
Slave moved from slave state to non slave state then back to slave state, is he still a slave. Made Missouri compromise invalid
13th amendment
Made to abolish slavery
14th
Citizenship process and immigrant bill of rights
15
Banned voting restrictions or race and color, African American right to vote
Civil rights act 1875
Outlawed racial Segregation, found unconstitutional
Jim crow laws
Promoted Segregation, mainly in South. Violated anti Segregation laws
Plessy v Ferguson
Black Man was on white train and kicked off, ruled rights not violated.
Executive Order 8802
Prohibited segregation based on race in the work place
Executive order 9981
Anti lynching, abolished segregation,forbid segregation by contractors.
Brown versus Board of Education one
Desegregation of schools, created equality
Brown versus Board of Education two
Enforcement of brown versus Board of Education
Civil rights act of 1957
Ensuring blacks right to vote, protect voting rights of blacks
24th amendment
Outlawed poll tax on voting, gave everyone the right to vote
Civil rights act of 1964
Legally ended Segregation on race, sex, origin.
Voting rights act of 1965
Most effective, stopped literacy tests gave blacks the power to vote
Affirmative action
Meant to break down barriers and give people equal opportunity, has been debated a lot, supposed to help a group who is disadvantaged
Regents of university of California v bakke
Applied to u of c and wasn’t accepted, race cannot be a factor
Civil rights act of 1991
More rights to people sueing in the work place and suits of discrimination
Gutter v Bollinger
Applied at u of m but due to affirmative action and racial diversity preferences he wasn’t accepted
Fisher v u of Texas Austin
Narrowly tailoried diversity goals
Civil rights
Positive acts by government to prevent discrimination by The government
Ex voting rights act 1965 gave African Americans voting rights
Incorporation doctrine
Supreme Court applied most of the Bill of Rights to the states
14th amendment
No state shall make or enforce Law which will abridge the privacy and immunities of citizensor deprive any person of life and liberty
Barron versus Baltimore
Determined Bill of Rights is only national not state
Gitlow v newyork
Freedom of speech and press fundamental rights protected by the 14th, made 1st amend apply to states
Total incorporation
1-8 amend completely Inc. to the states
Selective incorporation
Amendments applied by a case-by-case basis
Interpreting the Constitution
One exact wording two original intention three precedent , past decision four consequences five basic values
Interpreting the Constitution 2
strict construction
Just follow the literal meaning don’t stray from original language conservative
Interpreting the Constitution
loose construction
Flexible reading of constitution modern values
liberal
Freedom of religion
Congress shall make no law restricting an establishment of religion prohibiting or the free exercise
Establishment clause
Cannot prefer one religion over another no national religion cannot tax Americans who prefer any religion
Wall of separation doctrine
Created a division between church and state
Free exercise clause
Guarantees people right to practice any or no religion
Lemon v kurtzman
Found Law for reimbursement for textbooks and teacher salaries unconstitutional
Lemon test
One secular purpose
two primary effect that neither advances or inhibits religion
three not Forster government entanglement with religion
Pure speech
Verbally, given most protection by courts
Speech plus
Verbal and symbolic used together
Symbolic speech
Actions are symbols used to give a message rather than words
Freedom of press
Closely related to speech, Government cannot prevent material from being published
Roth v us
Obscenity is not considered constitutionally protected in press or speech
Miller versus California
Establish toast to determine if materials are considered obscene
Miller test
One whether the average person would find the work appeals to prudent and interest
Two whether the work the pics offensive sexual conduct
Three if the work lacks artistic, political, or scientific value
Libel
Written defamation publishing false statements maliciously that damage a persons reputation, has to be false
Slander
Refers to spoken words same as libel, must be false
Public officials versus private individuals libel and slander
Private individuals have a lower standard only requiring proof that the statement was false
Commercial speech
Can be restricted more than other forms of speech
Federal trade commission
Decides what can be advertised and the content of the advertising
Federal Communications Commission
Regulates content nature and existence of radio and TV broadcasting
Equal time doctrine
Political debates considered events that don’t need equal time, more opportunity to opposing otherwise
Due process clause
Procedural due process
Determining if government policies of the law violates constitutional protections
Substantive due process
Determining if method government uses to carry out law violates constitutional protections
Search warrant
An authorization specify an area to searchprotected against unreasonable search
Exclusionary rule
Illegally obtained evidence is not admissible in court
Mapp v Ohio
Corporate’s fourth amendment upheld the application of exclusionary rule
Self incrimination
Protects the accused from double jeopardy punishment without due process and self-incrimination
Miranda versus Arizona
Established guidelines for police questioning
- right to remain silent
- what’s said can be used against you
- right to have a lawyer
Right to counsel
Protects rights of accused including right to counsel confront witnesses and a speedy trial
Gideon versus Wainwright
Anyone accused of crime where prison is possible you have the right to an attorney
Cruel and unusual punishment
Eighth amendment prohibits cruel and unusual punishment mandatory death sentences for crimes are unconstitutional
Right to privacy
Constitution does not mention a right to privacy but the courts have interpreted several rights fall under right to privacy
Griswold versus Connecticut
Law forbid sale of contraceptives court held that the sale was with in the right to privacy for a married couple
Roe v wade
Challenged law forbidding abortion unless necessary to save mother’s life, court held law cannot forbid abortions
Furman versus Georgia
Accidental murder while rubbing found death penalty was found as cruel and unusual punishment in this case
Greg versus Georgia
Murdered someone and was sentenced to death court said this was not Cruel unusual
