unit 2: civil rights, civil liberties, and the courts Flashcards
what are civil liberties?
protections against the government (bill of rights)
what are civil rights?
constitutional guarantees to all people regardless of race, sex, religion, or national origin
what amendment does the supreme court use to selectively incorporate the bill of rights into state legislatures?
14th Amendment
What does the 14th Amendment dues process and equal protection clause ensure?
no state can “deprive any person of life, liberty, or property, without due process” within equal protection of the laws
what happened in Marbury vs. Madison?
Madison refuses to send letter of appointment for judge, this was not valid, but S.C. doesn’t have jurisdiction on this case. Judicial Review does exist
what happened in Schneck vs. U.S.?
passed out pamphlets to encourage men to nor show up to draft. 1st amendment not absolute guaranteed
what happened in Tinker vs. Des Moines?
students wanted to wear black armband in school as a form of silent protest for the Vietnam War, they were allowed to (protected 1st amendment freedom of expression)
what happened in New York Times Co. vs. U.S.?
Nixon wanted to prevent NYT from publishing classified docs about Vietnam War, this was not allowed, protected 1st amendment freedom of press
what is libel?
false and malicious use of written words
what is slander?
false and malicious use spoken words
what is obscenity?
Miller v. California
what is the establishment clause?
gov can’t establish a religion, freedom from religion
what is the free exercise clause?
gov can’t interfere in practicing religion, freedom for religion
what happened in Engel v. Vitale
no school sponsored prayer is allowed, protection of establishment clause
which amendment contains the establishment and free exercise clauses?
1st amendment
what happened in Wisconsin v. Yoder?
Wisconsin required students to keep attending school till 16, but violated free exe3rcise clause, two years of school did not outweigh free exercise