Unit 4: Civil Rights & Liberties Flashcards
Civil Liberty
list of freedoms we have as individuals
Civil Right
protection against discrimination
Incorporation of the Bill of Rights
applying what has been said and insured in the Bill of Rights to citizens of the states in order to protect their rights
Bill of Rights
the first ten amendments which largely guarantee specific rights and liberties
Engle v. Vitale precedent
Establishment Clause of the First Amendment
Engle v. Vitale summary
Parents of school sued the school for requiring prayer at the beginning of the school day
-The NY law & school board policy was not constitutional and violated the 14th Amendment Due Process Clause & 1st Amendment Establishment Clause
Wisconsin v. Yoder precedent
Free Exercise Clause
Wisconsin v. Yoder summary
Amish man didn’t want to send his kids to school because it was against his religion but Wisconsin law required kids under 16 to attend school
-Wisconsin law was not constitutional as it violated the 14th Amendment Due Process Clause & 1st Amendment Free Exercise Clause
Schenck v. US Precedent
Espionage Act
Schenck v. US Summary
Scheneck, leader of Socialist Party printed 15,000 leaflets & Party sent to those drafted encouraging them to refuse the draft, calling it a violation of the 13th Amendment
-established clear and present danger test
-Upheld the Espionage Act and found that Schenck’s freedom of speech was not violated
Tinker v. Des Moines Precedent
Freedom of Speech
Tinker v. Des Moines Summary
Students wore black arm bands to school in protest against the Vietnam War and were passive/non disruptive
-Violated the rights of freedom of speech under the First and Fourteenth Amendments; arm bands are symbolic speech
NY Times v. US precedent
Free Press Clause
NY Times v. US summary
Daniel Elsberg and the NY Times Challenged by US government for publishing classified materials (pentagon papers) regarding Vietnam War
-Violation of the Free Press Clause
McDonald v. Chicago precdent
right to bear arms
McDonald v. Chicago summary
Suits were filed against Chicago/Oak Park challenging their gun bans
-Violates the Second Amendment right to bear arms through the 14th Amendment Due Process Clause.
Gideon v. Wainwright precedent
Right to counsel/incorporation of 6th Amendment
Gideon v. Wainwright summary
Gideon was charged in FL. state court with the felony offense of breaking and entering larceny
Requested for a lawyer (as her was poor & could not afford one) at his trial & was denied; judge stated that the state was only required to provide lawyer to those charged with capital offenses
-Violated 6th amendment’s right to Counsel Clause (through the 14th Amendment Due Process Clause) to provide counsel for indigent criminal defendants
Brown v. Board of Education precedent
Equal Protection Clause of the Fourteenth Amendment
Brown v. Board of Education
African American students had been denied admittance to certain public schools based on laws allowing public education to be segregated by race
-Court held that “separate but equal” facilities are inherently unequal and violate the protections of the Equal Protection Clause of the Fourteenth Amendment
1st Amendment
Protects Freedom of Speech, Assembly, Religion, Press, Petition (RAPPS)
2nd Amendment
Protects/guarantees Right to Bear Arms (guns)
3rd Amendment
Quartering of Soldiers
–A soldier can’t stay in your house without your permission.
4th Amendment
Illegal Search & Seizure, The police can not search you, or your house, or go through your things unless they can prove to a judge for a warrant that they have a good reason to think you have committed a crime.
5th Amendment
You do not have to testify against yourself (self-incrimination).
You can’t be killed, or put in jail, or fined, unless you were convicted of a crime by a jury.
Double Jeopardy –> if a jury decides you are innocent, the government can’t try you again for THAT crime.
6th Amendment
You have the right to a speedy, public trial with a lawyer. You have the right to know what you are accused of, to see and hear the people who are witnesses against you and to have the government help you get witnesses on your side.
7th Amendment
Right to a jury in a civil case
8th Amendment
cruel & unusual punishment; The government can’t make you pay more than is reasonable in bail or in fines, and the government can’t torture you (even if you are convicted of a crime).
9th Amendment
People have rights other than the ones listed in the Constitution. (People’s Rights)
10th Amendment
Anything that the Constitution doesn’t say that Congress can do should be left up to the states, or to the people. (State’s Rights)
14th Amendment
defines citizenship, naturalization and equal protection
Due Process Clause
Clause in the Fifth Amendment limiting the power of the national government; similar clause in the Fourteenth Amendment prohibiting state governments from depriving any person of life, liberty, or property without due process of law.
Selective Incorporation
The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.
Establishment Clause
Clause in the First Amendment that says the government may not establish an official religion or support one faith over another.
Free Exercise Clause
Clause in the First Amendment that states that Congress shall make no law prohibiting the free exercise of religion.
Clear and Present Danger Test
Interpretation of the First Amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts.
Due Process Clause
Gov. can’t deny individuals of life, liberty, or property
-5th yoferapplies to federal gov.
14th extends to states
