civil rights and liberties unit 8

13th amendment

abolished slavery

14th amendment

provides equal treatment for all citizens from states… equal protection and due process clause

civil rights

the positive acts governments take to protect against arbitrary or discriminatory treatment by government or individuals

15th amendment

enfranchises newly freed male slaves

equal protection clause of the 14th

prohibits states from denying any person within its jurisdiction equal protection of laws… states must treat an individual in the same manner as others in similar conditions or circumstances… not equality but equal application of the law

Jim Crow laws

mandated segregation by state laws

NAACP

sponsoring case of Brown v. Board of Ed. argued that the intellectual and financial damage given to Blacks precluded any finding of equality under the separate but equal policy… this policy was removed.

Letter from Birmingham Jail

“injustice anywhere is a threat to justice everywhere”

affirmative action

policies aiming to increase representation of underrepresented groups in education and workplace disparities tied to race, gender, disability or age

Title IX (9)

cannot deny participation on the basis of race in schools

civil liberties

the personal rights and freedoms that the federal government cannot abridge… limits the power of the government to restrain or dictate how individuals act… located in the Bill of Rights

Bill of Rights

designed to limit the power of the national government… until 20th century it did not apply to the states. Supreme Court’s observance of the 14th Amendment due process clause forced incorporation to the states

Due Process Clause

prohibits a state from “depriving any person life, liberty or property without due process of law”… also stated in 5th

incorporation doctrine

portions of the Bill of Rights are applied to the state through due process. amendments 1-8

selective incorporation

most but not all guarantees in Bill of Rights have been made applicable to the states… order, liberty, and justice are subject to highest standard of review

1st amendment

freedom of speech, religion, press

establisment clause

prohibits the government from making any law “respecting an establishment of religion”, and cannot favor one religion over another.

free exercise clause

reserves the right to citizens to accept any religious belief and engage in religious rituals… protects beliefs and practices unless harmful or against public morals.

4th amendment

protects against unreasonable searches by federal government. Needs warrant and probable cause

exclusionary rule

evidence collected in violation of the Constitution cannot be used in court (“good faith” exception)

5th amendment

rights of the accused… right to remain silent

right to privacy

inferred, not stated anywhere in the Constitution

Wisconsin v. Yoder

Amish kids not attending school because it interfered with their religion

Engel v. Vitale

students had to salute to the flag and recite a prayer

Schenck v. U.S.

Schenck convicted of violating the Espionage Act after telling men to resist the draft

Tinker v. Des Moines

students wore armbands to silently protest the Vietnam War

Gideon v. Wainwright

Gideon couldn’t afford a lawyer. The right to counsel in felony criminal cases is a fundamental right for a fair trial

McDonald v. Chicago

Chicago adopted a ban on handguns to minimize deaths. 2nd amendment should not go to the states

unprotected speech

obscenity, defamation

pure speech

speaking, writing, filming, drawing

symbolic speech

speech plus physical action, protected but restrictions on time, place and manner

prior restraint

government censorship of free expression by preventing publication of speech before it takes place

strict scrutiny

highest standard of judicial review to determine if a law violates the 14th Amendment’s Equal Protection Clause or other rights (race, religion, alienage)

intermediate scrutiny

mid-level judicial review, applied to gender-based classifications

rational basis scrutiny

most default and lenient standard of judicial review not involving fundamental rights… law must be rationally related to a government interest