Civil Liberties

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Justice William O Douglas

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1

Justice William O Douglas

Person: explained that the Bill of Rights "have penumbras…that give them life and substance "and other amendments have emanations that point to a right to privacy.

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2

Probable Cause

exists when an officer has pulled you over for a violation and /or evidence is in plain sight.

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3

Roe v Wade SC

Case: views abortion as a privacy issue and blocks state laws banning the practice.

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4

Abolition

the 19th- century movement to end slavery.

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5

Strict Scrutiny

government must show a strong reason for targeting them.

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6

Self incrimination

when you implicate yourself in a crime, usually during interrogation.

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7

Nonsuspect Categories

Any law based on age, sexual orientation, gender identity, or physical handicap much show a rational connection to a legitimate government purpose.

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8

Missouri Compromise

limited slavery to southern lands west of the Mississippi River.

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9

Intermediate Scrutiny

government must show a compelling interest in the law.

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10

Griswold v. Connecticut (1965)

Case: court strikes down state laws prohibiting the use of birth control, even for married couples.

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11

Plessy v Ferguson

Case: SC case that legalized the concept of "separate but equal "and Jum Crowism.

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12

Civil Liberties

limits on government that allow people to freely exercise their rights.

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13

De facto descrimination

a subtle form of discrimination that exists without a legal basis.

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14

Reconstruction

failed attempt to rebuild the South and establish racial equality after the Civil War.

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15

Exclusionary Rule

excludes evidence gathered illegally and any "fruit of the poisonous tree.

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16

Selective Incorporation

states cant enact laws.

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17

Procedural Due Process

the steps that the government must follow before punishing an offense.

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18

Suspect Categories

any law involving race, ethnicity, or religion.

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19

Quasi Suspect Categories

any law involving sex- based categories.

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20

Jim Crow Laws

created a system of segregation in the South that would last until 1965.

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21

Civil Liberties

limits on government that allow people to freely exercise their rights

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22

Civil Rights

freedom you have to participate in public life

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23

The First Amendment

Freedom of Speech

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24

Free-Exercise Clause

the government can not interfere with the practice of religion

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25

The Second Amendment

Right to Bear Arms and Militias

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26

D.C. v. Heller (2002)

Case: Is a DC ban on registering handguns and the required use of a trigger lock unconstitutional?

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27

McDonald v. Chicago (2010)

Case: Does the Heller case apply to states?

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28

1st amendment

implies freedom of thought and choice

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29

9th amendment

implies other rights exist beyond those mentioned in the Constitution

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30

Planned Parenthood v. Casey

Case: Upholds the right to abortion, BUT allows states to consider "viability."

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31

Lawrence v. Texas (2003)

Case: SC strikes down "sodomy" laws in Texas affecting homosexuals

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32

Griswold v. Connecticut (1965)

Case: court strikes down state laws prohibiting the use of birth control, even for married couples

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33

Procedural Due Process

the steps that the government must follow before punishing an offense

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34

Whren v. United States (1996)

Case: A person pulled over during a traffic stop is found to have drugs

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35

Probable Cause

exists when an officer has pulled you over for a violation and/or evidence is in plain sight

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36

Exclusionary Rule

excludes evidence gathered illegally and any "fruit of the poisonous tree"

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37

5th Amendment

Self-Incrimination

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38

Self-incrimination

when you implicate yourself in a crime, usually during interrogation

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39

6th Amendment

Right to Legal Counsel

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40

Powell v. Alabama (1932)

Case: SC says the trials denied due process

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41

Gideon v. Wainwright (1963)

Case: SC believes that all (felony) defendants have a right to an attorney even if they can not afford one

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42

The 14th Amendment

Equal Protection

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43

Equal-Protection Clause

States can't deny any person equal protection under the law

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44

Suspect Categories

any law involving race, ethnicity, or religion

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45

Strict Scrutiny

government much show a strong reason for targeting them

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46

Quasi-Suspect Categories

any law involving sex-based categories

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47

Intermediate Scrutiny

government must show a compelling interest in the law

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48

Nonsuspect Categories

Any law based on age, sexual orientation, gender identity, or physical handicap much show a rational connection to a legitimate government purpose

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49

Abolition

the 19th-century movement to end slavery

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50

Missouri Compromise

limited slavery to southern lands west of the Mississippi River

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51

Dredd Schott vs. Sandford

Case: SC decision that stated blacks could not be citizens

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52

Reconstruction

failed attempt to rebuild the South and establish racial equality after the Civil War

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53

13th

ends slavery

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54

14th

grants citizenship and equal protection under the law

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55

15th

grants voting rights to black males

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56

Black Codes

laws restricting the rights of blacks

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57

Jim Crow Laws

created a system of segregation in the South that would last until 1965

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58

Plessy v. Ferguson

Case: SC case that legalized the concept of "separate but equal" and Jum Crowism

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59

de jure discrimination

discrimination established by law…like Jim Crow laws

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60

de facto discrimination

a subtle form of discrimination that exists without a legal basis

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61

Brown v. Board of Education (1954)

Case: marked the beginning of the end of the "Separate but equal" era that started with Plessy v. Ferguson

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62

De jure discrimination

discrimination established by law

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63

Schench v. the US (1919)

Case: Established the Clear and Present danger test (which states that speech can be curbed.)

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64

Tinker v. Des Moines

Case: symbolic speech- where a school was upset with students for wearing black armbands that protested the Vietnam war.

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65

New York Times v. the US

Case: freedom of the press- NYT tried to expose the Pentagon Papers because the government was lying.

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66

Engle v. Vitale

Case: A school prayer case that violated the establishment clause: separation of church and state

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67

Lemon v. Kurtzman

Case: The case focuses on state funding for private religious schools to be used for non-religious purposes.

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68

A Social Movement

organizations to fight for civil rights and desegregation.

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69

Nonviolent protests

protests mean to state what’s wanted to be said without violence (sit-ins, marches, “rides”)

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70

The 24th Amendment

Outlaws poll taxes (for voting)

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71

Voting Rights Act (1965)

Prohibited Literacy Tests

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72

Affirmative Action (Employment)

Programs designed to ensure groups have full and equal opportunities

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73

Laws of coverture

laws that stated a woman’s political rights and duties operated through her husband

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