Unit 3 : Chapters 14&15 Flashcards
Civil liberties
Individual freedoms
Civil rights
Protections against discrimination by group
Selective incorporation
Process of making rights in the bill of rights effect states in the 14th amendment
Protected speech (2)
Cant be punished
- political speech
-symbolic speech
Unprotected speech (5)
Can be punished
-libel
-slander
-commercial speech
-obscenity
-fighting words
Libel
Written
1) not true, 2) person knows it’s not true, 3) hurt someone
Slander
Spoken
1) not true, 2) person knows it’s not true, 3) hurt someone
Obscenity
Miller test : 1) material appeals to a puritan interest, 2) depects a sexual act in a defensive way , 3) no redeeming values
Fighting words
Said to an individual person that would make them fight you
Habeaus corpus
Everyone goes to court to make sure they are fairly arrested
Bill of attainder
Punishing someone without a trial (not allowed)
Ex post facto laws
Being punished for a illegal thing you did before it was illegal (not allowed)
Bill of right
Only appealed to national government
14th amendment
Gave rights in bill of rights to states through selective incorpertion
-due process clause
Due process clause
Ensures fairness
Due process in 14th amendment
States can not deprive anyone of their life liberty or property without due process
Due process in the 5th amendment
Federal government can not deprive anyone of their life liberty or property without due process
Procedural due process
Steps that must be followed before depriving someone of their life liberty or property
(Steps)
Substantive due process
Ensures the laws themselves are fair
(Substance)
Exclusionary rule
Illegally obtained evidence can not be used in court and is destroyed forever
First amendment freedoms (5)
Freedom of..
-speech/ expression
-religion
-press
-assembly
-petition
Establishment clause
Prevents gov from making laws establishing religion in conjunction to the government
(sep of church and state)
Tests to see if something violates establishment clause
- wall of / strict separation
-lemon test: which was then replaced by.. - endorsement test
-non- preferential test:( doesn’t perfer one religon)
Lemon test
1) does it lack secular purpose, 2) is it primary effect promoting religon, 3) does it entangle gov with religon
- replaced by endorsement test
Free exercise clause
Right to practice or not to practice a religon
Tests to see if something violates the free exercise clause
- does it have a compelling state interest/ is it essential
- does it have secular purpose
- does it single out one group for religious persuasion
Bad tendency test
permits legislatures to forbid speech encouraging people to engage in illegal actions
clear and precedent danger test
gov can not interfere unless there is a clear and precedent danger
-not used anymore
preferred position doctrine
gov can not punish people for what they say, only for what they do because freedom of expression/ speech is essential to democracy
prior restraint
gov censorship of the press
-only allowed when national security may be compermised
civil disobedience:
refusal to obey the law
property rights
rights of an individeual to own, use, rent, invest in, buy and sell property
eminent domain
power of the gov to take private property for public use
regulatory taking
when gov regulation effectivly takes lands by restricting its use, even if it remains under the owners name
privacy includes the right to.. (3)
- be free from governmental surveillance and intrusion
- not have the government make private affairs public
-be free in __ and belief from governmental regulations (?)
4th amendemnt
-police need a search warrant in order to search public property
-police cant search someone without a probable clause
-exclusionary rule
search warrant
writ by a magistrate that allows police to search of a person, pace or vehicle
probable clause
reason for suspicion
5th amendment
- self-incrimination
-“innocent until proven guilty”
-Miranda rights
self incrimination
people arnt forced to supply evidence against themselves
Miranda Rights
from Miranda v. Arizona
-have to be informed of your constitutional rights before being questioned by the police
6th amendemnt
-speedy trial
-right to counsel (right to an attorney, Gideon v. Wainwright)
-requires a jury
plea bargin
agreement with the prosecutor and defendant where the defendant will plead guilty earlier to avoid hasher punishment
grand jury
jury of 12-23 people who in private hear evidence presented by the gov to decide whether a person should stand in trial. if there sufficient evidence they’ll issue an indictment
indictment
written statemnt from grand jury charging an indeiviedual with an offense
-also called a “true bill”
petit jury
jury of 6-12 people that determine the guilt or innocence of a person
double jeprodey
cant be charged for the same crime twice
8th amendment
no cruel or unusual punishment
1-48: Chapter 14
50 and on: Chapter 15
equal protection (14th amendment definition)
” nor shal any state… deny to any person with in its jurisdiction the equal protection of the law”
protected class
equal protection applies
- examples: race, gender, age
unprotected class
equal protection does not apply
-example: income
equal protection
bans discrimination against groups that does not have a good reason/ bans arbitrary (without reason) discrimination
rational basis test
discrimination based on age
-Is the discrimination rational or reasonable?
easiest to pass
Heightened scrutiny test
discrimination based on gender
-is there an important objective?
-is the act of discrimination related to that objective?
strict scrutiny test
discrimination based on race
- is there a compelling state interest?
-is there no less restrictive way/ is this the only way?
hardest to pass
natural rights/ human rights
the rights of all people to dignity and worth
affirmative action
remedial action designed to overcome the effects of discrimination against minorities
-example: colleges taking race into account when accepting students
naturalization
the legal action of conferring citizenship to an alien
dual citizenship
citizenship to more than one nation
the right of expatriation
the right to take away your own citizenship
13th amendment
outlawed slavery
14th amendment (in terms of citizenship)
(also) gave citizenship to former slaves
15th amendment
gave african american men the right to vote
plessy v. ferguson
created “separate but equal”
- public places can be segregated as long as the conditions were equal
brown v. board of education
-overturned Plessy v. Ferguson
- started de-segregating schools
Civil Rights Act of 1964
bans racial discrimination in public places and employment
-justice department could now enforce civil right laws
Equal Employment Opportunity Commission
established in the civil rights act of 1964 to monitor no racial discrimination in employment
19th amendment
gave women the right to vote
Equal rights amendment
enforced equality to women
-was passed but never ratified into an amendment
Americans with Disabilities Act of 1990
protects disabled americans agaisist job discrimination
- requires all employers to provide reasonable accommodations
“dont ask, dont tell” policy
bypassed restrictions on homosexuality by preventing labeling
Voting Rights Act of 1965
outlawed discriminatory voting practices like..
-literacy test
-poll taxes
literacy test
literary requirement to vote
-now illegal
grandfather clause
exempts all illiterate white males from taking the literacy test if their grandfather could vote before 1860 from literary test
poll taxes
tax required to vote
-prohibited in national elections by the 24th amendment
-unconditional for ALL elections in Harper v. Board of Educadion 1966
Age Discrimination in Employment Act of 1967
no employment discrimination on the basis of age
Fair Housing Act of 1968
bans discrimination when buying or renting
Title IX Education Ammendment of 1972
prevent discrimination because of gender in school programs of financial assistance
Rehabilitation Act of 1973
prohibits discrimination on the basis of disabilities
Civil Rights Act of 1991
Strengthens Civil Rights Act of 1964 (?)
Smit v. Allwright
outlawed the use of white primaries
white primaries
primaries in southern state elections where only white voters could vote
racial gerrymandering
drawing district lines to ensure a certain race is the minority in that district
jim crow laws
state laws that were formally used to have public accommodations and facilities discriminated by race
- now unconstitutional
class action suit
a law suit by an individual of group on behalf of all those similarly situated
-one representing all
restrictive covenant
a provision in a deed on property prohibiting its sale to people of a certain race or religion
- unconstitutional by the Judicial Enforcement
de jure segregation
segregation imposed by law
de facto segregation
segregation resulting from economic. social conditions or personal choice
