Unit 3

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