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civil rights
basic rights that prevent unequal treatment based on race, gender, disabilites, and sexual orientation in things like housing and employment
civil liberties
basic rights and freedoms that are guarenteed through constituion, bill of rights, or supreme court cases
1st amendment
freedoms of speech, religion, press, assembly, protest
free exercise clause
congress shall make no law restricting free exercise of religion
litigation stragey
interest group bring cases to the courts to change public policy
yoder v wisconsin
amish families wanted the right to pull their kids out of school after 8th grade even though wisonsin law said that kids had to go to school till they are 16, court ruled they can cause making them stay in school was a violation of the free exercise clause
establishment clause
congress shall make no law respecting an estalishement of religion
lemon test
gov involvment must be secular, gov cant help or inhibit any religion, goc cant excessivley extrangle gov w/religion
engel v vitale
supreme court ruled that a gov created prayer in public schools violated the establishment clause
schenk v US
schnek protesting against US in WW1 and spreading anti-draft sentiment and pamphlets, he was arrested and charged for violating espionage act, scotus ruled againts schnek and established the clear and present danger doctroine
clear and present danger doctrine
gov can only restrict/censor present political speech based on national security if it created a clear and present danger to the US
tinker v demoines
students protesting the war in vietnam wore balck armabnds, they got suspended and the students sued, scotus ruled saying that the suspension was a violation of their freedom of speech as the armabnds werent a disruption to school and werent promoting violance
many of these cases had the assitance of the…
ACLU or american civil liberties union
unprotected speech
slander/libel/defamation, fighting words, public safety
time, place, and manner restrictions
limiting when, where, and how you can protest
seditious speech
speech that is leading to an attempt to overthrow the government, can be limited
NY times v Nixon
the pentagon papers leaked abt atriocities of vietnam war were being published abt in the NY times, scotus ruled that freedom of the press cannot be limited for national security unless the publication would cause an inevitable, direct, and immediate harm to american forces
2nd amendment
well regulated militia being necessary to the protection of a free state, the right of the people to bear arms shall not be infringed
mcdonald v chicago
chicago banned hand guns but some citizens wanted them for self defence so they sued, scotus agreed that the ban was infringing on their 2nd amendment right and therefore unconstitutional
3rd amendment
no quartering of osilders in peoples homes w/out their consent during peacetime
4th amendment
protects unagianst unreasonble searches and seizures of evidence, need a search warrant and therefore probable cause
exclusionary rule
evidence seized in violation of 4th amendment is inadmissable in court
good faith exception
if law enforcement executes search warrant in good faith but the search warrant was issued unconsittutionally the evidence might still be used in court
5th amendment
serious federal charges must be heard in front of a grand jury, protection against double jeopardy, protection against self incrimination
miranda v arizona/ miranda rights
rights came from the case where the defandant wasnt read rights, rights inform the accused that they have the right to remain silent as anything they say can be used against them
immunity
what a person says wont be used against them, forced testimony in exchange for no punishment
eminent domain
gov can purchase private property for public use as long as they pay the individual fairly
due process
can’t be punished without a fair trial
procedural due process
methods of law enforcement ust be fair
substantive due process
laws themselves must be fair and constitutioanl
6th amendment
speedy trial, trial by impartial jury, informed of charges against you, confront witnesses against you, right to a lawyer
subponea witnesses
court order requiring evidence to be presented in court
gideon v wainwright
gideon was charged and tried without a lawyer even though he asked for a public defendeant, in prison he took the case to the supreme court who agreed with him and made it so all defendants who dont have the money to get their own lawyer get a public defendant
7th amendment
right to a jury in civil cases invoolbing more than $20
8th amendment
protects against excessive bail, fines, and cruel and unusual punishment
cash bail is iffy cause
if a person cant pay it they remain in jail until the trial which violates the presumption of innocence or innocent until proven guilty
reserved rights
rights people have even though they are not listed in the consitution, right to privacy
griswold v connecticut
connecticut made a law banning birth control adn griswold had a clinic where she sold birth control adn then go in trouble for it, supreme court agreed that the law banning birth control was unconsitutional as it was breaking the 9th amendment, this established the right to privacy
roe v wade
texas had a law banning abortion but SCOTUS ruled that the law was unconsitutional under the 9th amendment, established a womens right to abortion, overturned
dobbs v jackson
abortion/repordeuctive rights were given back to the states
10th amendment
any powers not directly given to the federal governmetn nor denied to the states are reserved for the states
13th amendment
abolished slavery
14th amendment
defined natural born citizen, due process clause, equal protection clasue
natural born citizen
anyone born in the US, or born abroad with a parent with US citizenship
due process clause
no state shall deprive any person life, libertym or property w/out due process
equal protection clause
no state shall deny any person wihtin its jurisdicition the equal protection of its laws
selective incorperation
gradual process used by SCOTUS of applying the Bill of Rights to the states
15th amendment
gave black males the right to vote
17th amendment
voters directly elect senators
19th amendment
gave women the right to vote
23rd amendment
gave DC 3 electoral votes
24th amendment
eliminated the poll tax in national elections
26th amendment
gave 18 year old the right to vote
voting rights act of 1965
ended discrimination in voting, preclearance
preclearance
some states needed federal permission before changing election laws, later ruled uncontitutional
De Jure segregation/discrimination
done through policy or law, intentional discrimination
Jim Crow Laws
institutional segregation in public facilities: restrooms, water fountains, transportation, education
plessy v ferguson 1896
seprate but equal doctorine, seperate facilities based on race as long as both were of equal quality
brown v board of education 1954
based on equal protection clause and overturned seperate but euqal and ordered swift desegregation of public schools, ended de jure segregation, started the civil rights movement
De Facto segregation/ discrimination
not based on obvious policy/law, a lot of the time is socioeconomic and harder for gov to address
affirmative action
programs used by gov and buisness to help groups previously discriminated against
UC Berkeley v Bakke
court ruled strict racial qutoas in college admission are uncontitutional
set asides
gov resrves percentage of gov contracts for women and minority ownened buisness
adurand v pena 1995
set asides are unconstitutional
equal pay act 1963
requires equal pay for ismilar work
civil rights act title 7 1964
added as a poison pill, outlaws dscrimination based on sex for hiring, firing, and pay related issues
poison pill
something added to a bill in hopes of killing the bill
title 9
protects women from discrimination in higher education
ERA (equal rights amendment)
amendment almost passed which would protect women from dscrimination and ensure equal treatment and oppurtunities
strict scrutiny
disctinctions based on race are only contitutional if there is a compelling state interest
skeptical scrunity
gov disctinction based on gender must have an exceedingly persuasive justification, stricter than rational basis test but not as strict as strict scrunity
rational basis test
only required a reason for gender disctinctions
fair pay act 2009
lily ledbetter act, lily worked for goodyear as an excecutive and thought she was getting pasd less than her male counterparts but then by the time she could prove it she was outside the statute of limitation, 180 days, this changed it so the statute resets after every discrimnatory check
americans with disablities act
requried gov and public schools to provide reasonable accomadation to those with disabiites in the area, all gov buildings must be handicap acessible
obergefell v hodges
fundamental liberty to marry person of your choice is guranteed to same sex marriage by due process clause
bostock v clayton
made lgtbq+ rights included in the civil rights act and added them to list of protected
espect for marriage act
all states must respect all marriage from other states, legally protected gay marriage
