Unit 3: Civil Liberties and Civil Rights Flashcards
civil liberties
rights given in the constitution
civil rights
laws passed to protect people’s rights
establishment clause
1st Amendment, states the gov. cannot establish a religion
free exercise clause
1st Amendment, people are free to exercise their religion
-except cannot harm people or do anything illegal
equal protection clause
14th amendment, people are protected equally under the law
due process clause
5th amendment, prohibits the state governments from depriving any person of life, liberty, or property without due process of law.
clear and present danger test
1st amendment, if someone does something that is a danger to the county they are banned from doing it
incorporation doctrine
a constitutional doctrine through which selected provisions of the Bill of Rights are made applicable to the states through the Due Process clause of the Fourteenth Amendment.
3rd amendment
no soldier is allowed to stay at someones house
4th Amendment
right to privacy, prohibits Americans from getting their homes/things searched without a warrant
5th Amendment
protects people from being punished more than once for the same crime
-if found innocent of a crime, you cannot be put on trial for that same crime again
-forbids self-incrimination: an individual, acussed of a crime, acts as a witness for themselvesaccused
6th Amendment
guarantees criminal defendants the right to an attorney and the right to a speedy trial
-Miranda Rights: police must inform suspect of thier rights, officer can delay reading or failure to read if officer is acting in the name of public safety
exclusionary rule
6th amendment, A legal doctrine that bars the use of illegally obtained evidence in court
7th Amendment
the right to a jury trial in federal civil court cases, civil cases can go to a jury court
8th Amendment
protects criminals against excessive fines, bail, and cruel or unusual punishment
9th Amendment
enumerated Rights; the government cannot claim that the only rights people have are those listed in the Bill of Rights.
10th Amendment
powers not delegated to the federal government are reserved to the states.
11th Amendment
Prohibits citizens of one state or foreign country from suing another state
12th Amendment
president can now choose VP
13th Amendment
abolished slavery/involunary servitude
14th Amendement
provides equal protection under the law to all citizens and ensures that the government does not act arbitrarily or unjustly
Brown v Board of Education (1954)
-example of Judicial activism
-Brown sued regarding segregation in public schools
-court overturned the precedent in Plessy v Ferguson: “separate but equal”
-ruled that separate schools are inherently unequal and unconstitutional under the 14th Amendment’s equal protection clause
McDonald v. Chicago (2010)
-example of selective incorporation
-a law that ultimately banned handguns in Chicago made McDonald, who believed he needed a handgun to protect himself, sue the state
-court ruled that the 2nd Amendment applies to the states through the 14th Amendment + right to 2nd amendment is a civil liberty
Gideon v. Wainwright (1963)
-Gideon was refused an appointed lawyer and was found guilty, he argued the court’s decision violated his constitutional right to be represented by counsel
-according to Florida state law, an attorney could only be appointed to an indigent defendant in capital cases
-6th Amendment’s guarantee of counsel applies to criminal defendants in state courts by way of the 14th Amendment
-example of selective incorporation
Tinker v. Des Moines Independent Community School District (1969)
-A group of students decided to wear black armbands to school in support of a truce in the Vietnam War, principles of Des Moines created a policy that refusal to remove the armband will lead to suspension
-the court ruled that students to not loose their 1st Amendment rights when they step onto school property, armbands are protected as symbolic speech, in order to justify the suppression of speech they conduct would have to “materially and substantially interfere: with the operation of the school
Schneck v United States (1919)
Schneck and Baer were charged with conspiracy to violate the Espionage Act for distributing leaflets during WWI declaring the draft violated the 13th Amendment prohibition against involuntary servitude
-the two appealed on the grounds that the statute violated the 1st Amendment
-court ruled that Espionage Act didn’t violate the 1st Amendment, the appropriate exercise of Congress’ wartime authority, 1st Amendment doesn;t protect speech that approaches creating a clear and present, widespread distribution of leaflets was sufficiently likely to disrupt the conscription process
-created a “clear and present danger” that barres speech under this description
New York Times Company v. United States
-The Nixon administration attempted to prevent NYT and Washington Post from publishing materials belonging to a Classified Defense department study regarding the history of US activities in Vietnam. pres, argued that prior restraint was necessary to protect national security
-gov did not overcome the heavy presumption against prior restraint
-since publication didn’t prove a “direct and present (and unrepairable/imediate) danger” to the US, prior restraint was unjustified
Engel v Vitale (1962)
NY state board organized a short, voluntary prayer for recitation at the start of the school day, a group of organizations joined forces, challenging the prayer, claiming that it violated the Establishment Clause of the 1st Amendment
-state cannot hold prayers in public schools, even if participation is not required and the prayer is not tied to a particular religion, prayer policy breached constitutional wall of separation between church and state
Wisconsin v. Yoder (1972)
3 members of the Amish communities’ parents refused to send their children to public schools after 8th grade, arguing that high school attendance was contrary to their religious beliefs
-individual’s interests in the free exercise of religion under the 1st Amendment outweighed the state’s interests in compelling school attendance past 8th grade
Habeas Corpus
court order to a person or institution holding someone in custody to deliver the imprisoned person to the court.
15th Amendment
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.
24th Amenement
outlawed poll tax in any federal, primary, or general election
Totle IX
guaranteed women have the same educational oppurtunities as men in programs receiving federal gov fundingopportunities
Roe v. Wade (1973)
-pregnant women have a right to abortion without excessive government restriction as an expression of their right to privacy
Letter from a Birmingham Jail
-purpose: To address the critiques of white clergymen and explain actions in Birmingham
-Why Direct Action:To bring about negotiation, force the community to confront the issue, create nonviolent tension
