Civil Liberties 3

What barriers did Southern states use to prevent Black citizens from voting?

Literacy tests, poll taxes, grandfather clauses, white primaries, intimidation/violence.

How were Southern voting barriers ultimately dismantled?

Combination of Supreme Court decisions + federal legislation (especially the Voting Rights Act of 1965) + executive enforcement.

Relative importance: Court vs. political branches with voting rights?

Courts initiated change, but Congress and the executive were crucial for enforcement and real impact.

Key takeaway about Court power and racial equality?

The Court alone is limited; major change requires political branch support.

What did South Carolina v. Katzenbach uphold?

Constitutionality of the Voting Rights Act (strong federal enforcement power).

What did Shelby County v. Holder strike down?

The coverage formula determining which states needed federal pre-clearance.

Impact of Shelby County?

Weakened the Voting Rights Act; states regained more control over election laws.

What principle came from Reynolds v. Sims?

“One person, one vote” (equal population districts required).

What did Rucho v. Common Cause decide?

Partisan gerrymandering is a non-justiciable political question (courts won’t intervene).

Two types of racial districting cases?

1. Not enough minority representation

2. Too much race used (violates equal protection)

Rule from Miller v. Johnson?

Race cannot be the predominant factor in districting unless narrowly tailored.

What did Crawford v. Marion County uphold?

Voter ID laws as constitutional.

Core issue in Bush v. Gore?

Unequal vote-counting procedures violated Equal Protection.

Key issue in Trump v. Anderson?

Whether states can disqualify federal candidates under constitutional provisions.

What pattern should you track across cases?

Whether justices split along party/ideological lines.

What level of scrutiny applies to sex discrimination?

Intermediate scrutiny.

What does intermediate scrutiny require?

Law must serve an important government interest and be substantially related.

Key cases establishing level of scrutiny for sex discrimination?

Reed v. Reed, Craig v. Boren, Frontiero v. Richardson

What disagreement exists about the standard?

Some justices apply it more strictly (closer to strict scrutiny).

Pattern in laws discriminating against women?

Usually struck down.

Pattern in laws discriminating against men?

Sometimes upheld depending on justification.

What was decided in United States v. Virginia?

Excluding women from VMI was unconstitutional.

What did Romer v. Evans rule?

Laws targeting LGBTQ+ people without rational basis violate equal protection.

What did Obergefell v. Hodges hold?

Same-sex marriage is a constitutional right.

Constitutional basis in Obergefell?

Due Process + Equal Protection.

Roberts’ dissent argument in Obergefell?

Court overstepped; issue should be left to democratic process.

What issue does U.S. v. Skrmetti address?

Laws affecting gender identity and how equal protection applies.

What level of scrutiny applies to race-based affirmative action?

Strict scrutiny.

What must affirmative action programs show?

Compelling interest + narrowly tailored.

What did Bakke establish?

Quotas unconstitutional, but race can be one factor.

Trend from 2003 → 2016?

Court allowed limited race-conscious admissions.

What did the 2023 Harvard/UNC decision do?

Largely struck down race-based admissions programs.

Did the Court fully ban affirmative action?

Not completely—left small openings (e.g., individual experiences tied to race).

Why shift from 2016 to 2023?

Change in Court composition and constitutional interpretation.

What did Katz v. United States establish?

“Reasonable expectation of privacy” test.

General rule for searches?

Warrants are required unless an exception applies.

Key warrant exceptions?

• Search incident to arrest

• Stop and frisk

• Automobile

• Consent

• Border

• Special needs

What did Terry v. Ohio allow?

Stop-and-frisk with reasonable suspicion.

What is the exclusionary rule?

Illegally obtained evidence cannot be used in court.

What did Mapp v. Ohio do?

Applied exclusionary rule to the states.

What is the good faith exception?

Evidence allowed if police reasonably relied on a defective warrant.

Case establishing good faith exception?

U.S. v. Leon

What trend does Hudson v. Michigan show?

Limiting the exclusionary rule.

Why is the exclusionary rule imperfect?

Doesn’t fully deter misconduct; limited application.

What did Miranda v. Arizona require?

Police must inform suspects of rights (silence, attorney).

Why imperfect compliance with Miranda?

Police strategies + suspects often waive rights.

What did Dickerson v. U.S. hold?

Miranda is constitutional and cannot be overruled by Congress.

Two key issues in Dickerson?

1. Did Congress override Miranda?

2. Should Court overrule Miranda?

What is plea bargaining?

Defendant pleads guilty in exchange for benefits.

Court’s stance on coercion in plea bargains?

Allows pressure but not unconstitutional coercion.

What is waiver of rights?

Voluntarily giving up constitutional protections.

What did Gideon v. Wainwright establish?

Right to counsel for felony defendants.

What did Strickland v. Washington establish?

Test for ineffective assistance of counsel:

1. Deficient performance

2. Prejudice

Does right to counsel include choice of lawyer?

Limited—yes, but not absolute.

Does it include right to refuse a lawyer?

Yes (self-representation).

Issue with indigent defense systems?

Underfunding and uneven quality.

What did Furman v. Georgia do?

Struck down death penalty (arbitrary application).

What did Gregg v. Georgia do?

Reinstated death penalty with guided procedures.

Why different outcomes between death penalty cases?

New laws reduced arbitrariness.

Are mandatory death penalties allowed?

No.

What did Atkins v. Virginia rule?

Death penalty unconstitutional for intellectually disabled individuals.

What did McCleskey v. Kemp decide?

Statistical racial bias alone insufficient to overturn sentence.

Key issue in homelessness punishment cases?

Whether punishing status (not conduct) is unconstitutional.

What limits the Supreme Court’s effectiveness?

Dependence on political branches for enforcement.

What shapes judicial decisions?

Ideology, legal reasoning, and sometimes partisan alignment.

Why are ideology and party hard to separate post-2010?

Justices’ ideologies align closely with political parties