Zepp Civil Liberties & Civil Rights Test Review

What is an Ex post facto law?

people aren't allowed to be arrested for things that weren't illegal at the time they did them

What is Selective Incorporation?

incorporating and applying the bill of rights into individual cases through the 14th amendment - ensures that courts don't take away constitutional rights away from defendants

What is Non-protected speech?

slander, obscenity, fighting words, and commercial speech are all not protected

What is obscenity?

Indecent or offensive expression.

What is eminent domain?

when the government to take someone's property and convert it into public use(roads or bridges) - property owner must be compensated

What are Jim Crow laws?

laws that were made to prevent integration of black people after the 13th amendment was passed - laws that legalized segregation

What is Title II of the Civil Rights Act of 1964?

title #? of the civil rights act ensures that there's no discrimination based off of race, color, religion, national origin, gender, or sex.

What is Title VII of the Civil Rights Act of 1964?

Prohibits employment/workplace discrimination.

What is executive privilege?

President's power to keep communications private, especially if they can damage national security

What is Freedom of Petition?

guarantees people's right to petition the govt if they want change, maintains the framer's belief that people should always be able to fix a corrupt govt

What is Freedom of Assembly?

Allows people to peacefully assemble in protest against the government.

What is the Lemon Test?

the three rules the government has to follow if it wants to assist a religion, the assistance has to be non-religious(secular), it cannot promote or restrain religion, and it cannot cause excessive entanglement between church and state

What is a Writ of Habeas Corpus?

right of people to know why they're being detained

What is Prior Restraint?

keeping something from being published under the argument that it could be a threat to national security - common method of limiting the press

What is libel?

Untrue written statements that harm reputation- must be in writing

What is a poll tax?

type of tax during the jim crow laws that people had to pay in order to vote- made to stop black ppl from voting

What is the Commerce Clause?

clause in the constitution that specifically grants congress the power to regulate interstate and international commerce

What is segregation?

Separation of people based on race.

What is the First Amendment?

____ amendment of the constitution which grants freedom of speech, religion, right to peacefully assemble, right to petition the government, and freedom of the press.

What is the Establishment Clause?

Prohibits the government from establishing an official religion.

What is the Free Exercise Clause?

People have the freedom to exercise any religion they want

What is the Clear and Present Danger Doctrine?

the clear and present danger doctrine/test ensures that people's words invoke a clear and present danger to people's safety before someone is prosecuted for their speech

What are Fighting Words?

Words intended to create violence.

What is Freedom of the Press?

Allows the press to publish the truth without fear of repercussions.

What is the Interstate Commerce Clause?

Congress' power to regulate interstate commerce.

What is due process?

the right to have fair treatment and going through all the correct processes throughout the legal system

What is protected by the Fifth Amendment?

protection in court double jeopardy, self-incrimination, and punishment without due process of law

What is the 1968 Fair Housing Act?

prohibits discrimination in the housing industry(rentals, realtors, housing related transactions) based on race, sex, national origin, marital status, or handicap

What is the Equal Employment Opportunity Commission (EEOC)?

enforces laws in order to prevent discrimination in the workplace based on sex, race, color, religion, national origin, disability, or age.

What is the Immigration Reform and Control Act of 1986?

ensures that employers make their employees' naturalization status readily available and prohibits the hire of undocumented immigrants

What does the 14th Amendment guarantee?

guarantees everyone born in the US citizenship, and ensures everyone equal protection under the law

What does the 15th Amendment ensure?

ensures all men who are us citizens the right to vote

What is equality of opportunity?

the principle that people should be treated fairly and have access to the same opportunities

What is equality of results?

the belief that everyone can achieve the same results if given the same things despite personal life and differences in background

What is affirmative action?

when colleges accept more people from minority groups to encourage diversity at schools and to give marginalized groups the opportunity to get ahead

What are the rights of a person accused of a crime?

Speedy trial, right to a lawyer, right to a jury, right to know charges.

What was the Civil Rights Movement?

1960s movement for equal rights, primarily for equality for black people.

What is the Equal Protection Clause?

clause in the 14th amendment that guarantees people equal protection under the law - makes states give people equal protection under the law, used to combat discrimination

What are privacy rights?

the right to privacy established by the bill of rights to stop the government from interfering where they don't belong

What is regulatory taking?

when the government limits the use of a property and forces the owner into eminent domain

What are Miranda rights?

Right to remain silent, right to an attorney, statements can be used in court.

What is 'separate but equal'?

doctrine established in Plessy v Ferguson that legalized segregation

What is a bill of attainder?

congress is not allowed to pass a law that allows people to be imprisoned without a trial

What is dual citizenship?

Being a citizen of two countries.

What is the exclusionary rule?

law that ensures illegally obtained evidence is inadmissible in court

What are restrictive covenants?

a part of a contract that prohibits landowners from selling property to certain groups of people on factors including race and religion

What is double jeopardy?

Protection against being tried twice for the same crime.

What are majority-minority districts?

electoral districts where the majority of voters are from racial/ethnic minorities

What is the Letter From Birmingham Jail?

letter written when MLK was in jail after he got arrested for protesting, he encouraged people to non violently protest

Marbury v. Madison

This case establishes the Supreme Court's power of Judicial Review

Schenck v. United States

1919--Case involving limits on free speech. Established the "clear and present danger" principle.

Plessy v Ferguson

a 1896 Supreme Court decision which legalized state ordered segregation so long as the facilities for blacks and whites were equal

Brown v Board*

1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.

Gitlow v New York

established selective incorporation of the Bill of rights; states cannot deny freedom of speech; protected through the 14th amendment

Mapp v Ohio

Established the exclusionary rule was applicable to the states (evidence seized illegally cannot be used in court)

Gideon v Wainwright*

Supreme Court used selective incorporation to allow states give a person who cannot afford an attorney may have one appointed by the government

-equal protection clause-14 amend.

Miranda v Arizona

Supreme Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police.

Wisconsin v. Yoder*

Amish do not have to attend school after 8th grade - right to freedom of religion

Roe v Wade*

(1973) legalized abortion on the basis of a woman's right to privacy

Tinker v Des Moines*

Students have the right to symbolic speech at school as long as it is not disruptive

Miller v California

A 1973 Supreme Court decision that avoided defining obscenity by holding that community standards be used to determine whether material is obscene in terms of appealing to a "prurient interest" and being "patently offensive" and lacking in value.

Buckley v Valeo

The Court ruled that the government can directly subsidize political campaigns, but that it cannot require candidates to forego private fundraising if they choose the subsidy (support given by the government to certain groups or things) instead.

New York Times v Sullivan

1964; established guidelines for determining whether public officials and public figures could win damage suits for libel. To do so, individuals must prove that the defamatory statements were made w/ "actual malice" and reckless disregard for the truth

New York Times v US*

the Nixon Administration attempted to prevent the New York Times and Washington Post from publishing materials belonging to a classified Defense Department study regarding the history of United States activities in Vietnam. The President argued that prior restraint was necessary to protect national security.

Result: Nixon's use of prior restraint violated the first amendment, the decision expanded freedom of the press and placed limits on the government's power to interrupt that freedom.

Dred Scott v Sandford

Supreme Court decision that extended federal protection to slavery by ruling that Congress did not have the power to prohibit slavery in any territory. Also declared that slaves, as property, were not citizens of the United States.

Engel v Vitale*

The 1962 Supreme Court decision holding that state officials violated the First Amendment when they wrote a prayer to be recited by New York's schoolchildren.

Santa Fe Board v Doe

student-led, student-initiated prayer at high school football games violated the Established Clause

Swann v Mecklenburg Board

Approved busing and redrawing district lines as ways of integrating public schools

Texas v Johnson

A 1989 case in which the Supreme Court struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment.

Heart of Atlanta Motel v US

Commerce Clause power allows Congress to eliminate acts of private discrimination while upholding the civil rights act

Lemon v Kurtzman

The 1971 Supreme Court decision that established that aid to church-related schools must (1) have a non-religious legislative purpose; (2) have a primary effect that neither advances nor inhibits religion; and (3) not foster excessive government entanglement with religion.

Reynolds v US

Court ruled that one cannot use religion as a defense to the crime of polygamy. Court ruled that religious practices that impair the public interest do not fall under the First Amendment.

Griswold v Connecticut

Married couple wanted to get contraceptives; struck down a Connecticut law prohibiting the sale of contraceptives; established the right of privacy through the 4th and 9th amendment - RIGHT TO PRIVACY

Boy Scouts v Dale

Allowed boy scouts to expel any member they discovered to be homosexual. Affirmed that private organizations have the right to pick who they allow to be a member

Bakke v. California

1978

*The Supreme Court upheld the university's use of race in its admissions decisions

*The Court also found that a white student should have been admitted to the university's medical school

*This finding banned the use of racial quotas

What are civil liberties?

protections from the abuse of government power

What are civil rights?

protections from discrimination based on race, gender, or other minorities

McDonald v Chicago

-McDonald wants to buy a hand gun, but Chicago had strict restictive laws against it

- Mcdonald said this violated his 14 amend, citizens shouldnt be deprived of their fundamental rights

- Court decided chicagos law as unconstituional under the 2 amend

• Selective incorporation 2 amendment to states