POLS-15: Civil Liberties and Rights

civil liberties

areas of life where government is not permitted to intervene/only under specific

circumstances

civil rights

actions taken by government with the intent on increasing equality and equal

opportunity in society

selective incorporation

the process of applying the bill of rights to the states, not just the federal government; instead of applying the BoR all at once, the Supreme Court used case-by-case decisions to apply specific rights

originally, the Bill of Rights only limited the:

federal government

14th amendment

amendment that guaranteed due process and equal protection of the laws

establishment clause

clause in the First Amendment that states the government cannot establish or recognize a religion; established the separation of church and state

free exercise clause

provision in the First Amendment that supports peoples' right to worship any faith, or lack thereof

search and seizure

provision under the Fourth Amendment that protects people from unreasonable or intrusive investigation

1st amendment

amendment that protected the right to freely exercise any religion (or lack thereof)

- Everson v. Board of Education (1947) applied clause to the states

- Lemon v. Kurtzman (1971) determined violations, neither advance nor inhibit religion, no excessive entanglement

4th amendment

amendment that protects against unreasonable search and seizure

- early era: focused only on physical intrusions

- mid 20th century: expanded to protect privacy; applied to states

- today: expanded to digital technology, mass surveillance

5th amendment

amendment that protects: the right to a grand jury; right against self-incrimination and double jeopardy; and compensation for eminent domain

- early era: limited to federal cases

- mid 20th century: selective incorporation extends protections to the states

- today: self-incrimination + double jeopardy robustly enforced at the state level

6th amendment

amendment that protects the right to counsel, a speedy + public trial, and to confront accusers

- early era: applied primarily to federal cases, focused on basic procedural fairness

- mid 20th century: selective inc. applies 6A protections to the states

- today: fully applied in state + federal courts; adapted to modern criminal procedures, technology, and fair jury

8th amendment

amendment protecting against cruel and unusual punishment

- early era: focused on physical punishments and excessive fines/bail; limited judicial review

- mid 20th century: debates over capital punishment, but greater attention to fairness + proportionality of punishments

- today: "evolving standards of decency"; no cap. punishment for juveniles; execution should not cause unnecessary pain

dobbs v. jackson

2022 case that overturned Roe v. Wade; removed federal protection of abortion, returning authority to the states to regulate/enforce it

true or false: the right to privacy is explicitly protected under the Constitution

false

1 multiple choice option

de jure

discrimination through law or government action. easier to identify and challenge in court. ex: Jim Crow laws, Chinese Exclusion Act

de facto

discrimination that exists in practice, even if it is not written into law. harder to address because it is imbedded into everyday behavior or systemic patterns. ex: segregation due to economic disparities, unfair hiring practices

executive order 9981

President Truman's 1948 executive order that desegregated the armed forces, the first major federal action to challenge racial segregation in a national institution. a successful example of how the federal government could implement civil rights reforms.

boston busing crisis

a series of protests and riots in Boston after a federal court mandated busing students across neighborhoods to achieve racial balance in schools. instead, it led to civil unrest, especially in working-class white neighborhoods ("white flight"). an unsuccessful reconciliation of federal action and civil rights.

affirmative action

policies designed to promote equal opportunity and alleviate past discrimination in areas such as employment and education. used at the federal, state, and local government levels to actively hire or admit underrepresented groups

DEI

diversity, equity, and inclusion; organizational initiatives aimed at promoting fair treatment, representations, and participation of individuals, especially those from historically marginalized groups. promotes diverse perspectives in the workplace, education, government, etc.

which is NOT an argument in favor of affirmative action?

potential for reverse discrimination; unfair disadvantage for individuals from historically non-targeted groups

3 multiple choice options