civil rights

affirmative action/334

A policy in educational admissions or job hiring that gives special attention or compensatory treatment to traditionally disadvantaged groups in an effort to overcome present effects of past discrimination

Brown V. Board of Ed / 305

In this milestone decision, the Supreme Court ruled that separating children in public schools on the basis of race was unconstitutional. It signaled the end of legalized racial segregation in the schools of the United States, overruling the "separate but equal" principle set forth in the 1896 Plessy

Civil Rights Act 1875 / 302

Made it illegal for privately owned places of public accommodation-trains, hotels, and taverns-to make distinctions between black and white patrons.

Civil Rights Act 1957/ 309

Primarily a voting rights bill, was the first civil rights legislation enacted in the United States since Reconstruction. It was proposed by Congress to President Dwight Eisenhower.

Civil Rights Act 1964 / 312

This act, signed into law by President Lyndon Johnson on July 2, 1964, prohibited discrimination in public places, provided for the integration of schools and other public facilities, and made employment discrimination illegal. It was the most sweeping civil rights legislation since Reconstruction.

Civil Rights Cases 1883/ 302

Supreme Court reviewed the civil rights laws of several cases - it was concluded that Court ruled that the equal protection clause was meant to protect

African Americans are against unfair state action and not to guide a shopkeeper's

service policy.

Defense Marriage Act/ 328

Passed Congress in 1996; defined marriage as between only a man and women; however many states and companies extended benefits to same sex partners and many states legalized same sex marriages- Law was overturned w/ SC Decision 2016

Disenfranchise / 303

To Lose the Right to Vote

Don’t Ask Don’t Tell /328

Clinton managed to gain support for a compromise measure under which homosexual servicemen and servicewomen could remain in the military if they did not openly declare their sexual orientation

Equal Pay Act 1963 / 323

An amendment to the Fair Labor Standards Act, this act requires equal pay for men and women doing equal work

Equal Protection Clause / 301

Prohibited state governments from denying persons within their jurisdiction equal protection of the laws.

Equal Rights Amendment/ 325

Constitutional amendment passed by Congress but never ratified that would have banned discrimination on the basis of gender.

15th  Amendment / 303

prohibited states from denying the vote to anyone "on account of race, color, or previous condition of servitude."

14th Amendment/ 301

It promised U.S. citizenship to anyone born or naturalized in the United States.

Freedom of Choice plans / 320

When law suits are filled because kids could not come to school, the schools came up with the freedom of choice plan which permitted families to choose which school their children attend. It wanted to avoid compliance with Brown.

Grandfather clause 303

Which allowed states to recognize a registering voter as it vould have

recognized his grandfather, prevented thousands of blacks from voting while

it allowed illiterate and poor whites to be exempt from the literacy test and

poll tax.

Heightened scrutiny test/ 325

This test has been applied when a law classifies based on sex; to be upheld, the law must meet an important government interest

Jim Crow Laws/ 302

Named after a disrespected character in a minstrel show in which whites performed in "blackface"-separated blacks and whites on trains, in theaters, in public restrooms, and in public schools.

Literacy Test/ 303

A test of reading skills required before one could vote--into their state constitutions

National Association for the Advancement of Colored People NAACP / 303

National Association for the Advancement of Colored People, founded in 1909 to abolish segregation and discrimination, to oppose racism and to gain civil rights for African Americans, got the Supreme Court to declare the grandfather clause unconstitutional.

National Organization for Women NOW / 323

Betty Friedan, the author of The Feminine A1ystique, encouraged women to speak their minds, to apply for male-dominated jobs, and to organize for equality in the public sphere. Friedan went on to cofound the National Organization for Women (NOW) in 1966

19th Amendment 322

Women’s Right to Vote

Obergefell v. Hodges / 330

On June 26, 2015, the United States Supreme Court ruled in a landmark decision that the 14th Amendment requires all states to license marriages between same-sex couples and to recognize all marriages that were lawfully performed out of state.

Plessy v. Ferguson / 303

The Supreme Court Case that created the policy “separate but equal”.

Poll Taxes / 303

A simple fee required of voters---became one of the most

effective ways to discourage the potential black voter

Preclearance/ 316

Mandated by the Voting Rights Act of 1965, the prior approval by the Justice Department of changes to or new election laws by certain States.

quotas/ 334

Established limits by governments on the number of immigrants who can enter a country each year.

Reasonableness standard / 325

For treating the sexes differently-for allowing gender bias. For example, it is deemed reasonable for the federal government to require men, but not women, to register for the military draft-in fact, women cannot register for the draft-and to assign men, but not women, to combat roles in the armed services (though women

serve in combat roles today)

Regents of Uni. of CA. V Bakke 1978 / 334

Bakke was denied both times that he applied to Univ. of CA when the college only had 16 spots available for minorities due to affirmative action. Bakke was more qualified than all of the students admitted in those two years. Result: SC was split. Any racial quota system supported by the government violated the Civil Rights Act of 1964. Others held that race may be a criterion for admission to higher education. quotas = unconstitutional. Affirmative action is legal. but this violates the 14th A.

Separate But Equal / 303

Policymakers continued to draw lines between the races. They separated white and black citizens on public carriers, in public restrooms, in theaters, and in public schools.

Strict Scrutiny/ 316

Is the highest standard of judicial review. It requires that laws infringing on a fundamental right must meet two tests: 1) there must be a compelling state interest for the law, and 2) the law is necessary to protect that interest and designed to be as narrow as

possible.

Swann v Charlotte Mecklenburg 1971 / 321

The Supreme Court of the United States unanimously upheld busing programs that aimed to speed up the racial integration of public schools in the United States.

13th Amendment / 301

Outlawed slavery across the United States

Title IX / 324

A United States law enacted on June 23, 1972 that states: "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance." Education Amendments Act of 1972, which amended the 1964 Civil Rights Act, guaranteed that women have the same educational opportunities as men in programs receiving federal government funding

24th Amendment / 315

Which outlaws the poll tax in any federal, primary, or general election, in 1962.

Voting Rights Acts of 1965/ 315

Empowered federal officials to register voters. Empowered federal officials to ensure that citizens could vote. Empowered federal officials to count ballots. Prohibited states from changing voting procedures without federal permission.

White Flight/ 306

Movement of white people from racially mixed neighborhoods with little, if any diversity.

White Primary / 303

A primary in which only white men could vote--became a popular method for states to keep African Americans out of the political process.

Exclusionary Rule/ 278

Which states that evidence the government finds or takes in violation of the Fourth Amendment can be excluded from trial.

5th Amendment

The .Fifth Amendment states, "nor shall [anyone] be compdled in any criminal case to be a witness against himseif" - plead the 5th

Gideon v. Wainwright / 283

The Court held that it was consistent with the Constitution to require state courts to appoint attorneys for defendants who could not afford to retain counsel on their own. The Court reasoned that the Sixth Amendment's guarantee of counsel is a fundamental and essential right made obligatory upon the states by the Fourteenth Amendment.

Griswold v. Connecticut / 287

The Court ruled an old anti-birth control state statute in violation of the Constitution. The overturned law had even barred married couples from receiving birth control literature.

Mapp v. Ohio/ 287

Ohio, case in which the U.S. Supreme Court on June 19, 1961, ruled (6–3) that evidence obtained in violation of the Fourth Amendment to the U.S. Constitution, which prohibits “unreasonable searches and seizures,” is inadmissible in state courts

metadata/ 281

Is all the cell phone communication information minus the actual conversation; that is, who is calling whom, when, and for how long

Miranda v. Arizona / 282

In Miranda v. Arizona (1966), the Supreme Court ruled that detained criminal suspects, prior to police questioning, must be informed of their constitutional right to an attorney and against self-incrimination

NJ v. TLO / 279

A New Jersey School searched a girl and found drugs at school. Decided that schools only require reasonable suspicion to search one's belongings.

Procedural due process / 282

Constitutional requirement that governments proceed by proper methods; limits how government may exercise power.

Public safety exception / 283

the police can question an un-mirandized suspect if there is an urgent concern for public safety

Right to privacy/ 287

The Court for the first time emphasized an inherent right to privacy that, though not expressly mentioned in the Bill of Rights, could be found in the penumbras (shadows) of the First, Third, Fourth, and Ninth Amendments

Roe v. Wade / 287

The Roe 1973  decision made it unconstitutional for a state to ban abortion for a woman during the first trimester, the first three months of her pregnancy. The case has been overturned by the SC. 2022

Substantive due process / 227

Substantive limits on what laws can actually be created. If the substance of the law --the very point of the law--violates some basic right, even one not listed in the Constitution, then a court can declare it unconstitutional

Civil Liberties / 233

The protections from the abuse of government power.

Clear & present danger test/ 239

a risk or threat to safety or other public interests that is serious and imminent. especially : one that justifies limitation of a right (as freedom of speech or press) by the legislative or executive branch of government.

Due process/ 236

Constitutional requirement that governments proceed by proper methods; limits how government may exercise power.

Engel v Vitale/ 254

This case resulted in the landmark decision that established that it was unconstitutional for public schools to lead students in prayer

Establishment clause/ 253

Prohibits the government from "establishing" a religion. The precise definition of "establishment" is unclear. Historically, it meant prohibiting state-sponsored churches, such as the Church of England.

Free exercise clause/ 253

Clause in the First Amendment that states that Congress shall make no law prohibiting the free exercise of religion.

Lemon v. Kurtzman / 257

the First Amendment prohibited government from providing funds to church-run schools. The case also established the Lemon test for establishment clause cases.

The three-part test for Establishment Clause cases that a law must pass before it is declared constitutional: it must have a secular purpose; it must neither advance nor inhibit religion; and it must not cause excessive entanglement with religion.

Libel / 248

a written statement that unfairly or falsely harms the reputation of the person about whom it is made; (v.) to write or publish such a statement

McDonald v. Chicago/ 264

The Supreme Court reversed the Seventh Circuit, holding that the Fourteenth Amendment makes the Second Amendment right to keep and bear arms for the purpose of self-defense applicable to the states.

Miller v. California / 248

A 1973 Supreme Court decision that avoided defining obscenity by holding that a community standards be used to determine whether material is obscene in terms of appealing to a "prurient interest" and being "patently offensive" and lacking in value.

NY Times v US / 250

In order to exercise prior restraint, the Government must show sufficient evidence that the publication would cause a "grave and irreparable" danger.

Obscene Speech/ 247

defined in Miller v. California as arousing/unwholesome in nature with no artistic, scientific, literary or political value

Prior restraint/ 239

a form of censorship that allows the government to review the content of printed materials and prevent their publication.

Schenck v US / 240

The Supreme Court invented the famous "clear and present danger" test to determine when a state could constitutionally limit an individual's free speech rights under the First Amendment.

Selective Incorporation/ 236

Court cases that apply the Bill of Rights to states

Symbolic speech/ 242

An act that conveys a political message- ie (burning the Flag)

Tinker v. Des Moines / 243

Supreme Court held that the armbands represented pure speech that is entirely separate from the actions or conduct of those participating in it. The Court also held that the students did not lose their First Amendment rights to freedom of speech when they stepped onto school property

Wall of separation / 252

Court ruling that government cannot be involved with religion

Wisconsin v. Yoder / 257

SCOTUS held the Free Exercise clause of the First Amendment as incorperated by the 14th Amendment prevented Wisconsin from compelling the respondents to send their children to secondary school until 14

-families religious beliefs and practices outweighed the state's interests in making children attend school beyond 8th grade

-The additional one to two years of formal education would not benefit the Amish students and the Amish were U.S. citizens