Civil Liberties Flashcards

Vocabulary flashcards based on lecture notes about civil liberties.

Civil Liberties

Protections against government actions to ensure individual freedoms.

Bill of Rights

The first 10 amendments to the Constitution, guaranteeing specific civil liberties.

Antifederalists

Those who opposed the Constitution without a bill of rights.

Enumerated Powers

Powers specifically delegated to the national government by the Constitution.

9th Amendment

Guarantees that the listing of specific rights in the Bill of Rights doesn't mean other rights don't exist.

10th Amendment

Reserves powers not delegated to the national government to the states or the people.

Incorporation Doctrine

The process by which the Bill of Rights is applied to the states through the 14th Amendment.

Barron v. Baltimore

gov has the right to take your land as long as it’s for a public purpose and given just compensation

• john marshall says no because federal gov didnt ruin barron’s business

14th Amendment

• citizenship to all born in the US

• ensures equal protection under law for all citizens

• due process aspect: ppl must be given notice of charges against them and a chance to be heard in an impartial tribunal (?) AKA habeas corpus DAY IN COURT

Due Process Clause

Part of the 14th Amendment stating that no state shall deprive any person of life, liberty, or property, without due process of law.

Substantive Due Process

Legal standard requiring states to prove laws are a valid exercise of power to regulate health, welfare, or public morals.

Sedition Laws

Laws passed by states to restrict criticism of the government.

• had to deal with false publications or unlawful assemblys

Benjamin Gitlow Case

Supreme Court case involving a socialist convicted for advocating the overthrow of the government.

• sedition laws

Gitlow v. New York

Case that first articulated the incorporation doctrine.

Selective Incorporation

The process of applying some, but not all, protections of the Bill of Rights to the states.

Fundamental Freedoms

Essential rights related to order, liberty, and justice.

Palko v. Connecticut

• killed 2 police officers

• Palko was charged and sentenced to life. CT appealed, he was retried, found guilty and sentenced to death

• tried to appeal if violated 5th amendment double jeopardy bc 14th amendment made it applicable to states

• court said no but then overruled decision 30 yrs later (1969)

Establishment Clause

Prohibits the government from establishing an official religion.

Free Exercise Clause

Guarantees the right to believe and practice religion.

Time, Place, and Manner Rule

Regulations on the exercise of religious beliefs in the public interest.

Prior Restraint

Governmental agency blocking the publication of material deemed libelous or harmful

• press is protected against prior restraint with exception of broadcast media

Libel

A WRITTEN false statement that is damaging to a person's reputation.

Slander

The action or crime of making a false spoken statement damaging to a person's reputation.

National Firearms Act of 1934

Congressional act passed in response to organized crime in 20s and 30s stemming from prohibition

• put tax on certain firearms

US v Miller

Supreme Court case related to the Second Amendment.

• certain guns arent protected under 2nd amendment. you can still own ORDINARY weapons

DC v Heller (2008)

• allowed to keep handgun in houses for protection

McDonald v Chicago (2010)

• 2nd amendment applies to both federal and state and state govs

Due Process of Law

The right of every individual against arbitrary actions by the government.

Writs of Habeas Corpus

right to day in court

• judge requires authorities to prove they are holding a prisoner lawfully

  • prisoner can be freed if the gov doesnt persuade judge

  • implies prisoners also have a right to know what charges are being made against them

Ex Post Facto Laws

Laws that make an act punishable as a crime even if it was legal when committed.

• NO EX POST FACTO LAWS

no Bills of Attainder

no Laws declaring an act illegal without a judicial trial.

• EVERY CRIME GETS A TRIAL

Fourth Amendment

Guarantees security against unreasonable searches and seizures.

Exclusionary Rule

Prohibits illegally obtained evidence from being introduced in a trial.

mapp v ohio

• cops can’t come in unless u allow it

• exclusionary rule: prohibits evidence obtained during an illegal search from being introduced in trial

US v Grubbs

• police can conduct searches based on anticipatory warrants

Fifth Amendment

Guarantees right to a grand jury, protection against double jeopardy and self-incrimination, and eminent domain.

Sixth Amendment

Guarantees right to counsel, speedy and public trial, and confrontation of witnesses.

Gideon v. Wainwright

US has to provide attorneys to those who can’t afford it

eminent domain (takings clause)

gov can take ur property for public use if given compensation

Eighth Amendment

Prohibits cruel and unusual punishment.

Right to Privacy

The right to be left alone, not explicitly mentioned in the Bill of Rights.

Lawrence v. Texas (2003)

Overturned Bowers v. Hardwick, protecting the privacy rights of homosexuals.

• bowers v hardwick (sodomy laws okay in some states)

Gonzales v Oregon

• the right to die

• physician assisted suicides for terminally ill patients

• UPHOLDS A LAW ALLOWING DOCTOS TO USE DRUGS TO FACILITATE DEATHS OF TERMINALLY ILL PATIENTS

USA PATRIOT Act

Legislation passed after 9/11. RESTRICTIONS ON BILL OF RIGHTS

Military Commissions Act of 2006

Legislation that reduced rights of habeas corpus for alien victims of torture.

Rights vs liberties

• LIBERTIES are protections against gov. actions

• RIGHTS are positive actions the gov takes to create equal conditions for all Americans

Suffrage

The right to vote.

Missouri Compromise of 1820

Prohibited slavery north of 36 degrees latitude.

• divided territory for enslaved and free states

Plessy v. Ferguson (1896)

Separate but equal was ok

13th amendment

• abolished slavery

14th amendment

• equal protection under law and due process

• citizenship to all born in US

15th amendment

AA men could vote

19th amendment

• gave women the right to vote

Brown versus Topeka board of education

• overruled separate but equal

• has no place in public education

shelly v kraemar

• restrictive housing covenants cannot legally be enforced

civil rights act of 1964

• attacked discrimination in public accommodations, segregation in schools, hiring and promoting and laying off employees

• discrimination against women also included

equal pay act 1963

title VII

EEOC (equal employment opportunity commission)

• had power of national gov. to revoke public contracts for goods and service/ refuse to engage in contracts with private companies that could not guarantee non discriminatory processes

• 1972 nixon gave power to initiate suits rather than wait for grievances

• suing party had to prove discrimination tho

24th amendment

poll taxes are illegal

Loving v Virginia

• interracial marriage is legal

gay marriage legalized in 2015

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proposal for EQUAL RIGHTS AMENDMENT was made in every session of congress (1923-1972)

• pressure from NOW, congress voted in favor of the ERA (equal rights amendment)

reed v reed

• 2 parents

• male parent gets to distribute estate of deceased child

• specific law is ruled unconstitutional

craig v boren

• B for BOOZE

• women 18, men 21

• sc says unconstitutional

Lily Ledbetter fair pay act

• can now sue for past discrimination

• compensated for pay

This overruled the SC decision that women could not seek redress of grievances under the provisions of the equal pay act of 1963 for discrimination that had occurred over a period of years.

title IX (9) of the education amendments

• no sex based discrimination in schools regarding women and mens programs

LULAC did what for latinos

• pursed legal strategies

• successfully challenged a Texas school district (for latinos)

MALDEF (mexican americans legal defense and educational fund)

• 1973 victory in challenging Texas gerrymandering

DREAM Act

• provide a path to permanent residency for people through military service or college attendance

• has failed every year in congress

GWB

• programs initiated through dept. of homeland security and led to immigration sweeps

• this encouraged racial profiling and violated civil rights

US v Wok Kim Ark (1898)

• SC says anyone born in US was entitled to citizenship

1965 immigration act

• meant increased in Asian American immigration

• increaser quotas for who could come from which country

1974 Lau v Nichols

• Lau = LANGUAGE

• school districts mandated to provide education for students whose english is limited (ESL)

indian self determination and education assistance act (1975)

• gave native americans more control over their land

• and how to administer funds from the government

1973 rehabilitation act for the disabled

• outlawing discrimination on the basis of disabilities (physical)

disability movement founded a disability rights education and defense fund AKA the ADA (1990)

american disabilities act

Bowers v Hardwick (1996)

• court upheld constituonality of georgia sodomy law criminalizing oral and anal sex

• continue criminalizing private sexual conduct involving same sex couples

• overturned by LAWRENCE V TEXAS

lawrence v Texas

• entitled to privacy in home

• state laws criminalizing sodomy between consenting adults unconstitutional

obergefell v hodges (H FOR HOMO)

• same sex marriage is a fundamental right

matthew shepherd act

• he was beaten and killed

• led to stricter and harsher penalties on anyone committing hate crimes

regenta of uni of cali v bakke

stopped using racial quota admission

adarand constructors v pena

have to show why they are giving preferential treatment to minority owned businesses

gratz v bollinger AND grutter v bollinger

• not allowed to give more admission points for being a minority

• CAN use race as part of admission quota