Unit 8 Govt

Civil liberties

Basic freedoms to think and act that all people have

Civil rights

Fair and equal status and treatment

Due Process Clause

Forbids states and local governments from passing laws that 'deprive any person of life, liberty, or property without due process.'

Establishment Clause

Prohibits establishment of religion.

Free Exercise Clause

Prohibits interference by government in practicing religion.

Probable cause

Can't arrest without reason; must think person is reasonably guilty (required for a warrant).

Exclusionary rule

Evidence obtained illegally can’t be used in court.

Civil Rights Act of 1964

Forbids racial discrimination in public places and hiring process.

Civil Rights Act of 1968

Forbids racial discrimination in real estate.

Affirmative Action

Policy to afford preferential treatment to minorities to rectify current and past problems.

Democracy must allow

Freedom of expression.

Civil liberties and Civil Rights

People have the rights to live freely as long as they don’t infringe upon other's rights.

Government has regulated assembly to

Protect against violence and endangerment.

6th Amendment

Impartial Jury, Right to confront and obtain witnesses, and Right to an attorney.

Civil Rights

Equal protection clause of 14th Amendment.

Types of discrimination

Race, gender, religion, sexual orientation, age, and handicapped.

13th Amendment

Ended slavery.

Rehabilitation Act of 1973

Defined inaccessible environment as discriminatory.

Americans with Disabilities Act 1990

Protects against employment, public service, and facilities discrimination based on mental and physical disabilities.

Symbolic Speech

Freedom of speech is not absolute.

Engel v. Vitale

Public schools can’t sponsor prayer at school related events.

HR of OR v. Smith

One’s religious belief does not excuse compliance with all other laws.

Schenk v. US

Seditious speech; established 'clear and present danger' test.

TX v. Johnson

The key case for protection of symbolic speech under the 1st Amendment.

Mapp v. OH

Case involved illegal search; evidence obtained illegally cannot be used in court.

Miranda v. Arizona

Established requirement for law enforcement to inform suspects of constitutional rights before interrogation.

Gideon v. Wainwright

Established the right to counsel for indigent defendants in felony cases.

Furman v. GA

Ruled that the way the death penalty was applied constituted cruel and unusual punishment.

Roe v. Wade

Violated woman’s right to privacy regarding abortion; states allowed to outlaw abortion in 3rd trimester.

Scott v. Sanford

Ruled that slaves could not be citizens and were considered property.

Plessy v. Ferguson

Established the separate but equal doctrine.

Brown v. Topeka BOE

Supreme Court reversed Plessy v. Ferguson ruling; separate schools are inherently unequal.