POLS Chapters 4 and 5

What are civil liberties?

Civil Liberties are limitations on government
power, intended to protect freedoms upon
which governments may not legally intrude
(with exception)

What are some examples of civil liberties?

Religion and Vaccinations

What do civil rights guarantee?

They guarantee that government
officials will treat people equally and that
decisions will be made on the basis of merit
rather than race, gender, or other personal
characteristics

How does the constitution limit the powers of congress?

prohibiting the passage of bills of attainder

prohibiting ex post facto laws

limiting the ability of Congress to suspend the writ of
habeas corpus

What are bills of attainder?

a law that
convicts or punishes someone for a crime without a
trial

What are ex post facto laws used for?

used to punish crimes
that were not crimes at the time they were committed
or increase the severity of punishment after the fact

What does the writ of habeas corpus do?

demand that a neutral judge decide
whether someone has been lawfully detained

The first amendment

protects freedoms concerning religion, expression, assembly, and the right to petition the government

The second amendment

protects the right to keep and bear arms

The third amendment

prohibits the quartering of soldiers in private homes without the owner's consent?

The fourth amendment

protects individuals from unreasonable searches and seizures, requiring law enforcement to obtain a warrant based on probable cause

The fifth amendment

protects individuals from self-incrimination and double jeopardy, and ensures due process

What is double jeopardy?

A legal principle that prohibits an individual from being tried twice for the same offense after a valid acquittal or conviction

The sixth amendment

guarantees the right to a speedy and public trial, an impartial jury, and the right to be informed of criminal charges. It also ensures the accused can confront witnesses and have legal counsel for defense

The seventh amendment

guarantees the right to a jury trial in civil cases

The eighth amendment

prohibits excessive bail, fines, and cruel and unusual punishment

The ninth amendment

protects rights not specifically enumerated in the Constitution

The tenth amendment

reserves powers not delegated to the federal government

True or false: the Supreme Court declined to expand the Bill of Rights to derail power of the states

True

What did Barron v. Baltimore do?

dealt with property rights under the
Fifth Amendment, the Supreme Court unanimously decided
that the Bill of Rights applied only to actions by the federal
government, not state or local governments

What did “black codes” do?

restricted the rights of formerly
enslaved people, including the right to hold office, own
land, or vote, relegating them to second-class citizenship

What did the First, Second, Third, and Fourth Amendments collectively do?

protect basic individual freedoms

What did the Fourth (in part), Fifth, Sixth, Seventh, and
Eighth Amendments collectively do?

protect people suspected or accused of criminal
activity or facing civil litigation

What did the Ninth and Tenth Amendments collectively do?

guarantee a role for the state and federal
government

What is the lemon test?

1. The action or law must not lead to excessive
government entanglement with religion; in other
words, policing the boundary between
government and religion should be relatively
straightforward and not require extensive effort by
the government.

2. The action or law cannot either inhibit or
advance religious practice; it should be neutral in
its effects on religion

3. The action or law must have some secular
purpose; there must be some non-religious
justification for the law.

Self incrimination refers to what?

the right to remain silent

Miranda v Arizona led to what?

Miranda Rights / Miranda Warning

What does eminent domain refer to?

taking property for redevelopment

True or false: The constitution grants an explicit right to privacy

false

“Zones of privacy” are implied by which amendments?

First, Third, Fourth, Fifth, and Ninth

What was Griswold v Connecticut about?

Contraceptive use

What was Roe v Wade about?

Abortion

What are civil rights?

Powers and privileges guaranteed to the
individual and protected from arbitrary
removal by government or other persons

True or false: these rights were a reality prior to the mid 20th century

false

Thirteenth amendment (1865)

Made slavery illegal

Fourteenth amendment (1869)

Provided citizenship to those born in the United States

Fifteenth amendment (1870)

Voting equality

Did the fifteenth amendment really guarantee the right to vote?

No

What did some states pass that denied black men from voting?

Poll tax
White Primary
Literacy tests
“Grandfather clause”

What is a “grandfather clause”?

A grandfather clause is a legal mechanism that exempts certain existing entities from new laws or regulations, allowing them to operate under the old rules

What was passed after the civil war in a lot of southern states?

Jim Crow laws

What did Jim Crow laws do?

Reinforce segregation

What did Plessy v Ferguson (1896) establish?

the “separate-but-equal” doctrine

How did Brown v Board of Education begin?

Began as one case asserting a black child’s
right to attend white school close to her
home

How was the first ruling on the Brown v Board of Education declared?

“separate educational facilities are
inherently unequal”

True or false: in 1955, it was ruled that ruled schools must desegregate “with all deliberate speed”

true

In 1969, what did the supreme court order to do “at once”?

desegregate

What group was MLK the founder of?

The Southern Christian Leadership
Conference (SCLC)

What did MLK advocate for?

nonviolent means to bring attention to
racial issues

What was an example of civil disobedience?

Black students sat at whites-only lunch counter

What did The Civil Rights Act of 1964 establish?

Entitled all persons to “full and equal
enjoyment” with regard to public
accommodations
Established employment equality rights
Strengthened voting rights laws
Created Equal Employment Opportunity
Commission (EEOC)
Federal funds not to be awarded to
programs that discriminate

What did the Voting Rights Act of 1965 establish?

(Federally) Authorized voter registration and
implemented voting procedures nationally in
jurisdictions known for discrimination

What did the Civil Rights Act of 1968 establish?

Under President Lyndon B. Johnson
Assisted with discrimination in housing
Penalties for civil rights protest interference

What were Affirmative Action programs designed to do?

to overcome effects of
present and past discrimination

What do opponents of affirmative action believe?

They believe quota programs can lead to reverse
discrimination or benefits to less-qualified applicants (Bakke
Case)

What are some early women’s rights movements?

1848 Seneca Falls convention (Elizabeth Stanton &
Lacretia Mott)
National Women Suffrage Association (1869)- Susan B.
Anthony & Mott [denounced 15th]
American Woman Suffrage Association (1880)- Lucy Stone
Nineteenth Amendment (1920)

What did the 19th Amendment do?

Gave women the right to vote

What are some examples of the modern women’s movement?

Feminism- overall equality for women
National Organization for Women (1966)
Gender discrimination in employment (Title VII) and
education (Title IX)

What act was passed in 1990?

Americans with Disabilities Act (ADA)