Unit 3 Flashcards (PART 2)
Civil Rights
protections for individuals from discrimination based on race, national origin, religion, sex, and other characteristics, ensuring equal treatment under the law.
Securing Rights for Those with Disabilities
Securing civil rights requires action, both on the part of individuals to advocate for their rights and on the part of government to secure and protect those rights.
The ADA offered protections for Americans with disabilities against discrimination in the workplace and improved their access to public transportation, public services, and other areas and public and commercial life.
Thirteenth Amendment
an amendment to the Constitution passed in 1865 prohibiting slavery within the United States.
Fourteenth Amendment
an amendment to the Constitution passed in 1868 granting citizenship to all persons born or naturalized in the United States and placing restrictions on stage laws that sought to abridge the privileges and immunities of citizens of the United States
Equal Protection Clause
clause of the Fourteenth Amendment that has been used to protect the civil rights of Americans from discrimination based on race, national origin, religioon, gendr, and other characteristics
Fifteenth Amendment
an amendment to the Constitution passed in 1870 granting voting rights to African American men
Plessy v. Ferguson
jim crow laws, “separate but equal” , 7 / 8ths caucasian
Separate but Equal
the doctrine that racial segregation was constitutional so long ad the facilities for black people and white people were equal
Legal Segregation
the separation by law of individuals based on their race
De Jure Segregation
the separation of individuals based on their characteristics, such as race, by law.
De Facto Segregation
a separation of individuals based on characteristics that arises not by law but because of other factors, such as residential housing patterns,
Affirmative Action
a policy designed to address the consequences of previous discrimination by providing special consideration to individuals based upon their characteristics, such as race or gender.
Brown v. Board of Education (AP REQUIRED)
supreme court ruled that de jure racial segregation vioates the equal protection clause of the Fourteenth Amendment.
Had to be implemented
The Supreme Court overruled the “seprate but equal” doctrine of Plessy v. Ferguson and ruled that de jure segregation in schools violates the equal protections clause of the Fourteenth Amendment.
To what extent was it successful?
“Letters from A Birmingham Jail”
Dr. Martin Luther King Jr. justified the civil rights movement by referring to natural rights.
Civil Disobedience
the inentional regusal to obey a law and to call attention to its injustice.
Civil Rights Act of 1964
legislation outlawing racial segregation in schools and public places and authorizing the attorney general to sue individual school districts that failed to desegregate
Voting Rights Act of 1965
legislation outlawing literacy ests and authorizing the Justice Department to send federal officers to register voters in uncooperative cities, counties, and states.
First and second movements of the women’s rights movment
The first wave of the women’s rights movement focused on the right to vote.
The second wave of the movement focused on equality in education and the workplace.
Gender equality includes legal protections against sexual harassment.
Nineteenth Amendment
a 1920 constututional amendemnt granting women the right to vote
Title IX of the Education Amendments of 1972
legislation prohibiting sex discrimination in schools receiving federal aid, which had the impact of increasing female participation on sports programs.
14th Amendment
“No State shall … deprive any person life life, liberty, or property, without due process of lawl nor deny to any person within its jurisdiction the equal protection of the laws.”
Procedural Due Process : ensures taht legal proceedings are carried out in a fair manner.
6th Amendment
Right to a speedy, public, and impartial jury during trial
Right to know accusers and charges against you
Right to an attorney / legal counsel
4th Amendment
Protects from unreasonable search and seizures without warrant
Exceptions: When probably cause (they need to have good reason) (they can lie about that good reason.) (like, oh my god Ismell alcohol on your breath… that’s my cause… i’ve said the cause so it counts… omg…) of crime exists (readily apparent
Hot pursuit: When can enter home when actively pursuing suspect
8th Amendment
No cruel or unusual punishments
No excessive bail or fines may be given
Timbs v Indiana: Can’t take drug dealers Range Rover for drug dealing charge
Mapp v. Ohio + Created what rule?
Mapp had evidence used against her obtained without a warrant
Sued to have evidence thrown out of court; SCOTUS agreed
Created this: Exclusionary rule: Evidence obtained unconstitutional can’t be used in court
Miranda v. Arizona
Miranda had been accused of rape and was interrogated by police
Confessed to kidnap and murder
Conviction overturned; police must inform of 5th and 6th Amendment rights
Supreme court agreed with him - he was freed
Origin of your Miranda Rights!! Right to remain silent, right to an attorney
Miranda was not a good person - was a rapist
Was stabbed to death
His killer was immediately read his miranda rights
9th Amendment (Due Process)
“The enumeration in the constitution, of certain rights shall not be construed to deny or disparage other reaainted by the people.”
9A is vague but has been used to protect unenumerated rights such as privacy, equality, etc.
This can sometimes be hard to define
Substantive Due Process (14th A)
Cannot create a low that is hererently unfair or violates due process
Discriminatory laws, violations of privacy, etc.
Basically - even if you follow all trial proceudes, there’s no way to have a fiar trial if the law itself is unfair
Griswold v Connecticut (1965)
Connecticut outlaws use of contraceptives
OB/GYN opens a clinic for contraceptives (arrested0
SCOTUS overturned conviction; 9th A and other amendments create “penumbras” where privacy is found
Penumbra - a shadow
The trees are the enumerated amendments - in their shadows you can see things like a general right to privacy
Roe v Wade (1973)
Jane Roe sued Dallas DA over abortion ban
Court ruled in favor of Roe → abortions before viability are protected by right to privacy
No abortion cases are about abortion (whether it’s good or morally evil).. It’s all about the 9th amendment , your unenumerated rights, and “where does privacy start and stop?”
Sates can’t restrict abortion access in first trimester (limited to 2nd)
Planned Parenthood v Casey (1992)
States cannot apply “undue burden” on receiving abortion
Undue burden is substantive violation of right to privacy
Loving v Virginia (1976)
Stopped bans on interracial marriage
Violates substantive due process, rpivacy, and equal rpotections
Fun fact - the people involved in this case are still alive!
Obergefell v Hodges (2015)
States cannot discriminate against gay marriage licenses
Equal protections and due process
Dred Scott (Reconstruction)
Established that black Americans were not citizens
No longer good law
15th Amendment
Established right to vote regardless of race
South states still tried to stop it - literacy tests that were subjective (white citizens almost never had to take them) and they were physically impossible to pass + poll taxes that newly freed slaves obviously couldn’t pay
Black Codes
restrict civil liberties of (newly) freed slaves
Basically took old laws and replaced “slaves” with “black” - that’s why they’re called black codes
Terrorism Campaigns and the Great Migration
Terrorism campaigns by KKK lead to “great migration”
Mass lynching, mass burnings of towns (tulsa race massagre)
Great migration - harlem, chicago
Five Points in Denver ! “the harlem of the west”
Redlining
segregates neighborhoods and property values
Black Nationalism
want a separate independent black run state
Less looked at
We always simplify nationalism unspecifically as pride in your country - but more specifically for AP Gov / government is pride in your group - can say that one’s racial group is better than others
Think: White Nationalism
Black Panther Party: open resistance and community programs
Americans with Disabilities Act (1973)
est. protection for mental or physical disabilities that substantially impact life
“ADA Accessible” all public buildings / schools have ramps
Learning disabilities, too
Created unfunded mandates to create accessible accommodations
19th Amendment
Seneca Falls conference demands equal rights for women
19th Amendment: Establishes right to vote regardless of sex
Gay Rights
Bostock v Clayton: Cannot be fired due to sexual orientation (CRA)
Made it work by making it work around gender \
Redlining / De Jure Segregation
Redlining: Majority-minority neighborhoods targeted with higher interest rates than lower property values
Reduced property values and generational wealth
kindaSegregation in Housing
De jure segregation: Segregation enfornced by law and policy
Fair Housing Act (‘68) / De Facto Segregation
Ended unfair housing policies based on race
Ended the thing above, basically / de jure segregation - but left us with..
De facto segregation: Segregation that remains by factual/cumulative circumstances
Brown II
est. “deliberate speed” (you have to integrate with deliberate speed / you have to try)
Brown II - basically made a part two of their decision. Crazy
Keyes v School District 1 Denver
Can;t be segregated even if no officials policy eicsts
Denver school bus depot bombed (by klansmen) over integration efforts / to stop bussing efforts
Title VI
Stops discrimination based on race, ethnicity, if orogram receives federal funds or aid
Some colleges begin using race to help minority enrollment
Title IX
Stops discrimination based on sex in educational programs or programs receiving federal aid
Milliken v Bradley
Schools dont have to actively desegregate unless caused by racist intent
This undid the precedent in Keyes v District 1
Uni of California v Bakke
Colleges can’t have racial quotas
New York Times Co. v. United States - Background
Papers leaked, NYT published / tried to publish b/c of the first amendment .
Espionage Act
The Espionage Act of 1917 prohibited obtaining information, recording pictures, or copying descriptions of any information relating to the national defense with intent or reason to believe that the information may be used for the injury of the United States or to the advantage of any foreign nation
New York Times Co. v. United States - Holding
“only a free and unrestrained press can effectively expose deception [or hidden stuff] in the constitution”
Tinker v. Des Moines - Background
Students wore armbands protesting Vietnam war
School suspended them, said that they couldn’t be back if they kept wearing them
First Amendment
14th Amendment
Tinker v. Des Moines - Holding
- In favor of Tinker
- Said that freedom of speech doesn’t stop in schools + students are full persons. So - the BOR extends into school
NON DISRUPTIVE STUFF is good in the classroom - as long as it DOESNT DISRUPT THE GOVT-SPONSORED LEARNING
Dobbs v. Jackson’s Women’s Health Organization - Background
- Gestational Age Act - Missippi - 15 weeks - JWHO filed restraining order
9th Amendment
Due Process Clause
Dobbs v. Jackson’s Women’s Health Organization - Ruling
- Ruled in favor of Missippi - said that there’s nothing defending abortion in the constitution
- Affects the interpretation of the 9th AMENDMENT - PRIVACY
Engel v. Vitale - Background
Prayer read @ beginning of a class
- Jewish, Unitarian, Non religious families were like nawww
First Amendment
14th Amendment
Engel v. Vitale - Holding
In favor of Engel
Vitale had violated the Free Establishment Clause - enforced religion in schools, w/o a doubt.
Wisconsin v. Yoder - Background
Amish - stop ed. @ 14 , but state stop ed @ 16 . Frieda Yoder and 2 other students stopped going in 8th grade
First Amendment (religion)
14th Amendment (life, liberty, property)
Wisconsin v. Yoder - Ruling + What Clause?
In favor of Yoder
- (educational) interests of the government cannot infringe upon the 1st Amendment
- Free Exercise Clause
Freedom of religion / 1st Amendment over education / govt. actions/things
Students For Fair Admissions v Harvard
ended Affirmative Action
Mcdonald v. Chicago (2010)
the Court held that the Fourteenth Amendment makes the Second Amendment’s right to bear arms for the purpose of self-defense
US v Lopez
A case in which the Court found the 1990 Gun-Free School Zones Act unconstitutional for overstepping the congressional boundaries of the Commerce Clause
Exclusionary Rule
a law that prohibits the use of illegally obtained evidence in a criminal trial.
Penumbra
In United States constitutional law, the penumbra includes a group of rights derived, by implication, from other rights explicitly protected in the Bill of Rights.
the SHADOWS of the law
