Civil Liberties

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.

Probable Cause

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

Roe v Wade SC

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

Abolition

the 19th- century movement to end slavery.

Strict Scrutiny

government must show a strong reason for targeting them.

Self incrimination

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

Nonsuspect Categories

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

Missouri Compromise

limited slavery to southern lands west of the Mississippi River.

Intermediate Scrutiny

government must show a compelling interest in the law.

Griswold v. Connecticut (1965)

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

Plessy v Ferguson

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

Civil Liberties

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

De facto descrimination

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

Reconstruction

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

Exclusionary Rule

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

Selective Incorporation

states cant enact laws.

Procedural Due Process

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

Suspect Categories

any law involving race, ethnicity, or religion.

Quasi Suspect Categories

any law involving sex- based categories.

Jim Crow Laws

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

Civil Liberties

limits on government that allow people to freely exercise their rights

Civil Rights

freedom you have to participate in public life

The First Amendment

Freedom of Speech

Free-Exercise Clause

the government can not interfere with the practice of religion

The Second Amendment

Right to Bear Arms and Militias

D.C. v. Heller (2002)

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

McDonald v. Chicago (2010)

Case: Does the Heller case apply to states?

1st amendment

implies freedom of thought and choice

9th amendment

implies other rights exist beyond those mentioned in the Constitution

Planned Parenthood v. Casey

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

Lawrence v. Texas (2003)

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

Griswold v. Connecticut (1965)

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

Procedural Due Process

the steps that the government must follow before punishing an offense

Whren v. United States (1996)

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

Probable Cause

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

Exclusionary Rule

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

5th Amendment

Self-Incrimination

Self-incrimination

when you implicate yourself in a crime, usually during interrogation

6th Amendment

Right to Legal Counsel

Powell v. Alabama (1932)

Case: SC says the trials denied due process

Gideon v. Wainwright (1963)

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

The 14th Amendment

Equal Protection

Equal-Protection Clause

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

Suspect Categories

any law involving race, ethnicity, or religion

Strict Scrutiny

government much show a strong reason for targeting them

Quasi-Suspect Categories

any law involving sex-based categories

Intermediate Scrutiny

government must show a compelling interest in the law

Nonsuspect Categories

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

Abolition

the 19th-century movement to end slavery

Missouri Compromise

limited slavery to southern lands west of the Mississippi River

Dredd Schott vs. Sandford

Case: SC decision that stated blacks could not be citizens

Reconstruction

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

13th

ends slavery

14th

grants citizenship and equal protection under the law

15th

grants voting rights to black males

Black Codes

laws restricting the rights of blacks

Jim Crow Laws

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

Plessy v. Ferguson

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

de jure discrimination

discrimination established by law…like Jim Crow laws

de facto discrimination

a subtle form of discrimination that exists without a legal basis

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

De jure discrimination

discrimination established by law

Schench v. the US (1919)

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

Tinker v. Des Moines

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

New York Times v. the US

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

Engle v. Vitale

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

Lemon v. Kurtzman

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

A Social Movement

organizations to fight for civil rights and desegregation.

Nonviolent protests

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

The 24th Amendment

Outlaws poll taxes (for voting)

Voting Rights Act (1965)

Prohibited Literacy Tests

Affirmative Action (Employment)

Programs designed to ensure groups have full and equal opportunities

Laws of coverture

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