Unit 4 - Civil Liberties & Civil Rights

Affirmative Action

• Action taken to include minorities. 

• The purpose of it was to make equal opportunities and eliminate discrimination. 

• To improve employment, and education.

Title IX:  what is it?  Why was it added by Congress?

• Outlaws sexual discrimination

• Created to make sure that women are treated equally and given the same opportunities. 

• Legislation ensuring women were protected specifically in education.

Brown v Board of Education – what was it about, what amendment was involved (which portion)

• 14th Amendment - equal protection. 

• Segregation is unconstitutional.

Incorporation and its relationship to the 14th amendment

• Applies the Bill of Rights to the states. 

  • Every time something gets challenged in the Supreme Court, if it’s related to the first 10 amendments and changes the way the states do something, that’s an incorporation case.

  • For example: what was a case that incorporated the Establishment Clause into the states? Engel v Vitale.

• The 14th Amendment was mainly to provide civil rights for people who were enslaved.

• Equal protection means you have to be treated the same regardless of what state you’re in.

• Before Gideon states interpreted the 6th differently, so when the SCOTUS ruled on it everyone gets an attorney and if you can't afford one the gov. has to give you one.

  • This meant that all the states had to do it the same way.

  • Meaning the 6th amendment was being incorporated.

Provisions of the 1st amendment: RAPPS

Religion, assembly, press, petition, speech

What are “time, place, and manner” restrictions on the 1st amendment?  

They’re limitations and they’re mostly related to assembly/protest and speech. Can’t limit protests on content, only time, place and manner.

• Can’t have a rally down someone's road at 3 am. 

• Hey no we won’t grant the KKK a permit to parade through a black neighbourhood. 

• Trying to promote illegal actions or get violent is a no-no.

Limitations on Free Speech

• present danger test (times of war)

• threatening someone

• causing disruption (especially in school)

• slander/hate speech

• fighting words

• obscenity

Civil Rights Act of 1964

• no more discrimination against African Americans

  • outlawed segregation in public places

• De-segregate school

• signed by pres. Johnson

Free Exercise Clause and Establishment Clause

Part of the 1st amendment freedom of religion

• protects citizens from the government establishing religion and limiting their free exercise

• government can’t establish religion in public spaces

• Engel v Vitale is about the establishment clause. 

• Examples:

  • Whether or not you’re allowed to pray in class is a free exercise clause. 

  • The teacher leading in prayer is an establishment

What is Due Process?  What two amendments is it a part of?

• Due process is you’re entitled to certain liberties, and before we remove them we have to go through due process.

• Procedural due process is regarding the rights of people who’ve been accused. 

  • In other words, if the gov charges you with a crime, before they do that you’re entitled to go through due process. 

  • Informed of what you did, read your rights, an attorney. 

  • Miranda rights + more, 5th amendment stuff. 

• Substantive is more the 14th Amendment. 

  • Right to education, privacy, stuff not in the constitution but implied (9th amendment stuff).

What is the Exclusionary Rule? What amendment is it related to?

Cannot use evidence obtained without a warrant, 4th amendment.

What was the impact of the Voting Rights Act of 1965?

• No more poll taxes, no more restrictions on voting, no more discriminating against African Americans

• Eliminated loopholes preventing African Americans from voting. 

• Despite the 15th Amendment clearly giving black people the right to vote, southern states were still being jerks. This Act got rid of all that.

5th Amendment:  What are all the parts?  

• no double jeopardy (no person can be convicted twice of the same offence)

• right to remain silent

• right to a jury, attorney, speedy and fair trial, and due process.

Individualism

places emphasis on self-reliance and independence

• conservatives value self-centered individualism (self>society)

• liberals value enlightened individualism (society>self)

Equality of Opportunity

Every American deserves equal footing to go after life, liberty and the pursuit of happiness

• conservatives believe meritocracy (everyone rises on their own hard work)

• liberals also believe meritocracy but also that not all groups start in the same place

Free Enterprise

As little gov. intervention in economy as possible

• conservatives want gov. out of the affairs

• liberals want gov. to intervene and make good policies

Rule of Law

Belief that every citizen is equal under the law, no one has special privileges

• conservatives see the laws themselves as embodying equality

• liberals agree but emphasize unequal application of those lawsv when it comes to minorities

Limited Government

A gov. whose limits are well-defined and is restrained through the separation of powers and a system of checks and balances

• conservatives want to define strong boundaries on federalism (less gov. interference)

• liberals embrace gov. intervention in society for the greater good

Conservatives

Cherish established institutions and seek to preserve them for the good of society

Liberals

Push for new reforms to make society more just and equitable

Political Socialization

The process by which we come to hold our political beliefs

• family (same or similar to parents)

• school (shapes how students think about politics)

• peers (social pressure to conform)

• media (access to a wide range of viewpoints)

• civic and religious organizations

• globalization (interconnectedness of global world)

Generational Effect

Person’s voting behavior and political ideology is influenced by the generation they were born into

• the silent generation - generally conservative

• baby boomers - slightly more liberal

• generation x - slightly more liberal

• millennials - even more liberal

Older = more conservative, younger = more liberal

Life-Cycle Effects

Stage in life effects your vote

Political Events

Any event deemed important in the history of our nation holds an effect on our political beliefs

Types of Polls

• opinion poll: getting a feel of the public’s opinions

• benchmark poll: taken at the beginning of a candidate’s run to reference in the future to see how the candidate’s doing

• tracking poll: conducted over time with the same group of people

• entrance/exit polls: how people are voting

Political Ideology

An interlocking set of ideas that form the basis for political decision-making

Fiscal Policy

Decision government makes about taxation and spending

Monetary Policy

Decisions the government makes about how much should be in the economy

Federal Reserve

• Buying and selling government bonds

• Setting reserve requirements

• Setting interest rates

Keynesian Economoics

Liberal belief that government intervention to stabilize the economy, particularly during recessions, by influencing aggregate demand through policies like increased spending and lower taxes is good.

Supply-Side Economics

Conservatives want to fix economy by lowering taxes to help companies produce more.