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
what case created the lemon test, and what is it?
Lemon vs. Kurtzman, purpose of gov aid must be nonreligious, can not advance religion
what happened in Oregon vs. Smith?
limited free exercise, not allowed to use illegal drug in name of religious practice
what happened in Reynolds vs. U.S.?
limited free exercise, bans on polygamy are constitutional
what happened in McDonald vs. Chicago?
selectively incorporated 2nd amendment, chicago resident allowed to have hand gun
what is the second amendment “The Letter of the Law?”
right to bear arms, right of state to form and keep a militia
what happened in New Jersey vs. TLO?
4th amendment deemed that schools must have reasonable suspicion rather than just probable cause. searching student was constitutional over suspicion of cigarettes in purse
what amendment contains search and seizure liberties?
4th amendment
what is the exclusionary rule?
evidence gained wrongly can not be used in court
what happened in Weeks vs. U.C.
exclusionary rule can be applied for illegally obtained evidence in federal court
what happened in Mapp vs. Ohio?
Selective incorporation of 4th amendment exclusionary rule.
what happened in Miranda vs. Arizona?
police must inform suspect of rights in order for confession to be used in courts, 5th amendment protection, Miranda rights
what amendment protects us from self-incrimination?
5th amendment
what amendment states that at a federal level we must be tried by a grand jury?
5th amendment, not selectively incorporated
what happened in Gideon vs. Wainwright?
Gideon charged with breaking and entering, was not given a lawyer, this violated 6th amendment
what amendment contains the right to a lawyer?
6th amendment
what amendment protects us from cruel and unusual punishment?
8th amendment
what happened in Gregg vs. Georgia
determined death penalty is not cruel/unusual punishment
what happened in Roper vs. Simmons
death penalty is cruel/unusual for people <18
what is in the 9th amendment?
rights not listed in bill of rights/constitution: right to privacy
what is strict scrutiny?
S.C. test to see if a law denies equal protection
what ended as a response to equality of opportunity?
Jim Crow Laws
what is an example of equality of results?
affirmative actions (compensate for past discrimination)
what is segregation by law?
de jure (think jury)
what is segregation without law?
de facto