Unit 3 Flashcards
Civil liberties
fundamental rights and freedoms protected from infringement by the gov
Civil Rights
protections from discrimination as a member of a particular group
Snowden’s role as traitor
violated espionage act of 1917
Snowden’s role as hero
publicized gov’s collection of citizen’s priv convos/ electronic communications, spying of citizens
stole million+classified files from gov database and leaked it to newspapers
Which issue was raised by Snowden’s acts?
questions abt privacy and power of gov over American rights
Bill of Rights
list of fundamental rights and freedoms that indiv’s possess
first 10 amendments to the Constitution
Why was there a debate in 1787 over the necessity of a BoR?
each state gov had their own version of the Constitution
Which group of people insisted on the BoR?
Antifeds
Why did the ____ want the BoR?
thought it was a nec protection against growth of central power
Why did Hamilton say it wasn’t nec?
1- gov designed to protect indiv rights
2- dangerous to liberty b/c no list would be complete, leaving room for abuse
When was the BoR formally ratified?
1791
BoR-1
prevents leg branch from passing laws restricting a variety of indiv rights (rel, speech, press, assembly, right to petition)
BoR-2/3
involve firearms, quartering soldiers, formation of militaries
BoR-4,5,6,7,8
guarantee rights of Americans w/ the judicial system- accused, tried for, and convicted of crimes
BoR-9
citizens have rights beyond the BoR
BoR- 10
states reserved powers
Application of BoR
initially only for fed gov, not states
applied to states selectively and over time
1919 Gitlow vs NY
G charged for distributing weekly newspapers criticizing America during WWI
argued it violated his 14th amendment right
sided with NY
Take away from Gitlow v NY
the beginning of selective incorporation
14th Amendment (1868)
lays foundation for extending the protections of the BoR to the state laws and actions
Due Process Clause
(14th Amendment)
no STATE can deny a person “life, lib, or prop w/o due process of law”
Selective Incorporation
piecemeal process by which SCOTUS has affirmed that almost all of the protections w/i the BoR also apply to the state govs
Establishment Clause
protection against the gov requ citizens to join or support a religion
Free Exercise Clause
protection of the rights of individuals to exercise and express their religious beliefs
Board of Edu v Allen (1968)
SCOTUS affirmed the principle that there could be permissible forms of taxpayer support for private religious schools
Engel v Vitale (1962)
SCOTUS ruled that school- sponsored prayer violated est clause
Abington School District v Schempp (1963)
Court struck down a program that involved the reading of 10 verses and recitation of the Lord’s Prayer at the beginning of the day
“Lemon Test”
sets guidelines for what is permissible under the est clause
Lemon v Kurtzman (1971)
programs supp salaries of teachers & provided edu materials in religiously based priv schools for purpose of teaching non religious subjects
SCOTUS took down both programs
Why did Scotus strike down the programs of Lemon v Kurtzman (1971)
- $$ must be secular in purpose
- effects must neither adv or inhibit rel
- most not foster exc entanglement btwn gov & rel
Wisconsin v Yoder
Amish challenged Wisconsin law that requ students to go to school until 16 b/c it violated right to free exercise b/c they believed that making their children attend hs went against their religion & way of life
SCOTUS ruled w/ Yoder
Freedom of expression
a fundamental right affirmed in the First Amendment to speak, publish, and protest
How are the needs of national security and the fundamental rights of political expression balanced?
- political expression often suppressed during wartimes
- Espionage Act of 1917
Schneck v United States (1919)
- printed/ distributed antiwar leaflets against the military draft
- violation of Espionage Act
- “clear and present danger” test
“clear and present danger” test
legal standard that says posing an immediate and serious threat to national security is not protected by the 1st Amendment
Prior Restraint
the suppression of material prior to publication on the grounds that it might endanger national security
NY Times v US (1971)
Nixon tried to prevent the NY Times and Washington Post from publishing classified materials, ruled with NY Times- free press is nec to democracy
(press serves governed, not governors)
Tinker v Des Moines (1969)
students wanted to wear black armbands to protest the Vietnam War, but admin made a policy for them to be removed and the students were suspended for not removing them
SCOTUS ruled with the students- they don’t lose rights at the school gate
Libel
an untrue statement that injures a person’s reputation
Slander
an untrue spoken expression that injures a person’s reputation
NY Times v Sullivan (1964)
Montgomery, Alabama official won $500,000 lawsuit vs NY Times in which an article claimed officials used excessive force against student protests
SCOTUS had overturned lower court ruling because the ad was not placed with ‘actual malice’
Roth v US (1957)
defined standard for obscenity
“whether the average person, applying contemporary community standard, the dominant theme of the material, taken as a whole, appeals to prurient interest.”
Miller v California (1973)
miller test- criteria to be obscene
- “patently offensive”
- “utterly without redeeming social value”
- “contemporary community standard”
Why was the Communications Decency Act struck down?
- Restrictions too vague and restrictive
- “chilling effect on free speech”
DeJonge v Oregon (1937)
the court overturned Oregon law under which a member of the Communist Party was convicted & sentenced to 7 yrs in prison for holding a public meeting
SCOTUS ruled in favour of DeJonge
District of Columbia v Heller (2008)
court overturned the ban in DC on handgun ownership for purpose of self defense in a home
McDonald v Chicago (2010)
court overturned Chicago ban on handgun ownership
2nd Amendment right is not less important than the other amendments
Highly charged topic
not defined by the court until recently
2nd amendment
ex post facto
laws criminalizing conduct that was legal at the time it occured
(can’t be punished for something if it wasn’t illegal at time of commitment)
bills of attainder
a law passed by Congress punishing an individual w/o a trial
writ of habeas corpus
a document setting out reasons for an arrest or detention
procedural due process
a judicial standard requiring that fairness be applied to all individuals equally
warrant
document issued by a judge authorizing a search
probable cause
reasonable suspicion that a crime has been committed or that there is evidence relevant to a criminal investigation
Mapp v Ohio (1961)
established the exclusionary rule
exclusionary rule
evidence obtained without a warrant is inadmissible in court
4th Amendment’s protections
protects from unreasonable searches and seizures
grand jury
a group of citizens who decide whether or not a person should be indicted on criminal charges and subsequently tried in court
double jeopardy
protects an individual acquitted of a crim from being charged w the same crime again in the same jurisdiction
Miranda v Arizona
established Miranda rights
Miranda rights
the right to remain silent and to have an attorney present during questioning; these right must be given by police to individuals suspected of criminal activity
6th Amendment
trials, juries, attorneys
speedy trial, tried in front of an impartial jury, attorney present at trial
Gideon v Wainwright
robbery/ conviction of Gideon, Fl court denied request for an attorney and he defended himself, appealed saying trial court violated 6th amendment right & won appeal
takeaway form Gideon v Wainwright
right to an attorney extended to anyone unable to afford one
bail
an excessive amt of money posted as a security to allow the defendant to be freed while awaiting trial and cruel/ unusual punishment
8th Amendment
Bail and punishment
prohibits excessive bail
capital punishment not cruel/unusual (certain methods restricted)
5th Amendment
Grand Jury, Double Jeopardy, self incrimination
4th Amendment
Search, Seizure, Warrants, Evidence
Griswold v Connecticut (1965)
Constitution protects right to privacy, overturned a CT law which prohibited the provision of contraceptives and medical advice about contraceptive techniques
Which Amendments in the BoR protect privacy?
1 3 4 9
Lawrence v Texas (2003)
struck down Texas sodomy law making same sex sexual conduct illegal
What does the right of privacy include?
freedom of thought, beliefs, expression, and certain intimate conduct
Roe v Wade (1973)
Norma McCorvey in Dallas, filed lawsuit vs district attorney of county
she sought an abortion and wanted to strike down TX law criminalizing it
wanted legal abortion , couldn’t bc life not in jeopardy & couldn’t travel to where it was legal
SCOTUS ruled in favor of McCorvey allowing an abortion in first trimester on basis of right to privacy
9th Amendment
Rights not specified
indivs have rights in addition to those expressly mentioned
Civil Liberties vs Civil Rights
liberties= protections from gov rights= protection from discrimination
Section 504 of Rehabilitation Act
1973
1st fed law to prohibit discrimination vs Americans w disabilities
Americans w Disabilities Act (1990)
no discrimination in employment, buying goods and services, participating in gov programs
Dred Scott v Sandford (1857)
SCOTUS ruled slaves = property, not citizens (even if residents of free states/ territories (decided at peak of civil war)
slaves deprived of natural rights
When was the Emancipation Proclamation issued?
During the Civil War
Purpose of Emancipation Proclamation
end slavery in US for good
changed the war
purpose of black codes
restore social order
meant to restrict social rights and economic opportunity of freedmen
Amendments to protect equal rights of African Americans
13 14 15
13th Amendment
prohibited slavery
14th Amendment (AA)
granting citizenship to persons born in the US & restricted states from denying due process of law and equal protection of the laws
Equal Protection Clause
has been used to protect civil rights of Americans from discrimination based on race, national origin, religion, gender, etc
15th Amendment
granted the right to vote to male African Americans
Jim Crow laws
- to undermine Reconstruction Amendments
- enforced segregation (transportation/ business/ education)
- voter suppression (poll taxes, literacy tests, violence)
Plessy v Ferguson
SCOTUS ruled Jim Crow laws were constitutional & did not violate the 14th Amendment
Plessy refused to sit in the back of railroad car (he was supposed to b/c he was 1/8 black
Arrested for violating the law
Maintained that facilities could be separate, as long as they were equal
How long after Plessy v Ferguson did separate but equal remain?
60 years
legal segregation
separation by law of indivs based on race
Who challenged legal segregation?
Marshall and the NAACP
goal of Marshall and the NAACP
get court to rule segregated education unconstitutional and in violation of the 14th Amendment
Brown v Board of Education
Brown wanted daughter to go to a white school b/c it was closer to home
after being denied, enlisted help of NAACP, he appealed to SCOTUS of losing in state court
after doll study, Chief Justice Warren, separation causes harm
unanimous decision in favor of Brown
de jure segregation
separation of indivs based on their characteristics like race, intentionality, law
de facto segregation
separation of indivs based on characteristics that arises not by law but b/c of other factors, like residential housing patterns
Affirmative Action
program designed to address consequences of previous discrimination by providing special consideration to individuals based upon their characteristics (race/ gender)
to boost diversity of universities
stances on affirmative action
opponents- reverse discrimination
proponents- necessary to ensure equality
Affirmative Action cases
Regents of the University of California v Bakke (1978)
Gratz v Bollinger (2003)
Fisher v University of Texas at Austin (2016)
Regents of the University of California v. Bakke (1978)
Bakke (white) sued UC Berkeley after being denied admission to med school even though at the top of his class Violated equal protection SCOTUS stuck down quota system, upheld AA
Gratz v. Bollinger (2003)
University of Michigan used points system to rank applicants based of race
ruled points system unconstitutional, upheld affirmative action
Fisher v. University of Texas at Austin (2016)
Court upheld consideration of race in college admissions
Civil Rights Act of 1957
first piece of civil rights legislation passed since Reconstruction
Social Movement
lg groups of citizens organizing for political change
Civil Disobedience
The international refusal to obey a law to call attention to its injustice
Year of Little Rock Nine
1957
Montgomery Bus Boycott
1955
Rosa Parks arrested for not giving up seat on segregated bus
Dr. MLK Jr selected to lead boycott vs Montgomery bus system un desegregation
lasted a year until the courts declared the bus law unconstitutional
Dr. MLK Jr.
a founder & leader of Southern Christian Leadership Conference (SCLC)
faced constant threat of violence and imprisonment from challenging unjustified laws
marched in Birmingham & arrested
SCLC
organization devoted to challenging racial segregation and advocating for civil rights
Letter from Birmingham Jail
After white clergymen begged King to slow protests & King replied by saying that they are fighting for natural rights and are allowed to break unjust laws- would force moderates to decide if segregation was a aligned with American values
Civil Disobedience Acts
- sit in in Greensboro
- SNCC organized protests
- Freedom Riders challenged segregated transportation
Civil Rights Act of 1964
leg outlawing racial segregation in schools and public places and authorizing the attorney general to sue individual school districts that failed to desegregate
outlawed workplace discrimination
Voting Rights Act of 1965
leg outlawing literacy tests and authorizing the Justice Department to send federal officers to register voters in uncooperative cities, countries, and states
When were the two waves of women’s rights?
1920s and 1960s
1920s
right to vote
19th Amendment
right for (white) women to vote
1960s
laws dealing with inequalities at work/ home, sexual harassment, violence
The Feminine Mystique- Betty Friedan
broke facade of women satisfied as wives/ mothers
Title IX of the Higher Education Amendments of 1972
leg prohibiting sex discrimination in schools receiving federal aid, which had the impact of increasing female participation in sports programs
Equal Rights Amendment
proposed, got passed Congress, failed to pass 3/4 of state legislatures to pass
strict scrutiny
gov has to show a “compelling interest” to justify unequal treatment
rational- basis standard
differential treatment must be shown to be reasonable and not arbitrary
