Civil liberties and rights

Civil Liberties

The constitutional protections against government actions that are formally stated in the bill of rights.

Bill of Rights

The first 10 amendments to the U.S. Constitution, which define/guarantee civil liberties (compromise for Anti-Federalists).

1st Amendment

Freedom of Speech, Religion, Assembly, and Petition.

14th Amendment

Guarantees citizenship, fair legal treatment, and equal protection under the law.

Due Process Clause

14th Amendment: Government must follow fair procedures to convict while protecting fundamental rights.

Privileges and Immunities Clause

Prevents a state from treating citizens of other states in a discriminatory manner.

Enforcement Clause

Grants Congress the authority to adopt appropriate legislation to enforce other parts of the Constitution

Substantive Due Process

Certain fundamental rights are always protected and government can't interfere.

Procedural Due Process

The government must use fair procedures before taking liberties of an individual

Incorporation Doctrine Origin

Interpretation of the Due Process Clause

Incorporation Doctrine

Bill of Rights are to be applied to the states as well. (Instead of just federal gov.)

Gitlow v. New York (1925)

1st Amendment Applies to the States (first use of the Incorporation Doctrine through the Due Process Clause)

Establishment Clause

1st Amendment: Congress cannot establish or promote religion through law.

Free Exercise Clause

1st Amendment: Congress cannot stop the practice of religion.

Prior Restraint

Government tries to prevent speech or publication before it happens, rather than punishing afterwards.

Limitations to Prior Restraint

Hard to Justify; National Security Threats; Strict Procedural Safeguards

Libel

Written false statements about someone that damages that person's reputation.

Symbolic Speech

Expressing ideas through actions or symbols rather than words (burning a flag)

Commercial Speech

Speech that promotes product/service which can be restricted more than many other types of speech.

What is probable cause?

A reasonable belief, based on facts, that a person has committed a crime.

Unreasonable Searches

Searches that violate the Fourth Amendment. (no probable cause)

4th Amendment

Requires probable clause for search/seizure

Seizures

Taking people or property by legal authority, usually by police.

Search Warrant

A legal document issued by a judge that authorizes police to search a specific place or arrest a specific person.

Exclusionary Rule

4th Amendment: Evidence illegally obtained cannot be used in court

5th Amendment

Right to due process, protection against self-incrimination, and double jeopardy.

Self-Incrimination

Being forced to testify against oneself.

6th Amendment

Guarantees the rights of criminal defendants:

a speedy and public trial, impartial jury, counsel, & confront witnesses.

Plea Bargaining

A deal between a defendant and prosecutor where the defendant pleads guilty to a lesser charge to avoid trial.

8th Amendment

Protects against excessive bail & fines, and Cruel & Unusual Punishment.

Cruel and Unusual Punishment

Punishment that is inhuman, degrading, or disproportionate.

Right to Privacy

4th Amendment: The right to be free from government intrusion in personal matters/spaces.

Civil rights

Guarantees to all citizens to ensure equal social/political treatment and protection under the law. (Prevent Discrimination)

Equal Protection Clause

Laws must treat all individuals fairly with no discrimination.

13th Amendment

Abolished slavery and involuntary servitude in the United States

What did the Civil Rights Act of 1964 outlaw?

Discrimination based on race, color, religion, sex, or national origin.

In what areas did the Civil Rights Act of 1964 prohibit discrimination?

Employment, public accommodations, and federally funded programs.

Suffrage

Legal right to vote in elections.

15th Amendment

Prohibits denying the right to vote based on race or previous condition of servitude.

How was the 15th Amendment enforced?

Voting Rights Act of 1965, 95 years later.

Poll taxes

Fees required to vote, historically used to prevent African Americans and poor people from voting.

White primary

Primary elections limited to white voters, used to disenfranchise African Americans in the South.

24th Amendment

Banned poll taxes in federal elections.

What did the Voting Rights Act of 1965 prohibit?

Literacy tests and discriminatory practices

What did the Voting Rights Act of 1965 allow in areas with historic voter suppression?

Federal oversight of elections

What was the primary purpose of the Voting Rights Act of 1965?

To enforce voting rights

19th Amendment

Guaranteed women the right to vote.

Equal Rights Amendment (ERA)

Proposed amendment to guarantee equal legal rights regardless of sex. (not ratified)

What does the Americans with Disabilities Act of 1990 (ADA) prohibit?

Discrimination against people with disabilities in employment, public accommodations, and government programs.

What does the Americans with Disabilities Act of 1990 (ADA) require from employers and public entities?

Reasonable accommodations for people with disabilities.

Affirmative action

Policies designed to increase opportunities for historically disadvantaged groups in education and employment.

Affirmative Action Limitations

Programs cannot use quotas, must be narrowly tailored, temporary, and cannot unfairly harm others.

Narrowly Tailored

A policy, law, or program carefully designed to achieve a specific goal (w/o overstepping/harming unnecessarily)

Regents of the University of California v. Bakke (1978)

Affirmed Action is allowed if narrowly tailored and prevented rigid quotas

Jim Crow Laws

State and local laws enforcing racial segregation in the South.

Black Codes

Laws passed after the Civil War to restrict the rights and freedoms of African Americans.

Literacy Tests

Exams used to prevent African Americans from voting.

Use of Curfews

Restrictions historically used to control movement and suppress rights of minority populations.

Grandfather Clause (Voting)

Policy: exempts certain people from new requirements if their grandfathers were eligible to vote

Suffrage Synonyms

Franchise & Electorate

Disenfranchise

To deny someone the right to vote.

Preclearance

Requirement under the Voting Rights Act: Certain jurisdictions must get federal approval before changing voting laws.

Shelby v. Holder (2013)

Supreme Court case that invalidated the preclearance formula, weakening federal oversight of state election laws.

Title IX of the Higher Education Act

Prohibits sex-based discrimination in federally funded education programs, including athletics.

Reverse Discrimination

Claims that affirmative action or diversity programs unfairly disadvantage majority groups.

Family and Medical Leave Act (FMLA)

Guarantees employees unpaid leave for family or medical reasons while maintaining job protection.

26th Amendment

Lowered the voting age to 18 (from 21)

Obergefell v. Hodges (2015)

All states must allow and recognize same-sex marriages.

Barron v. Baltimore (1833)

Ruled that the 5th Amendment did not restrict state governments. (Before 14th Amendment)

Lemon v. Kurtzman (1971)

Created the Lemon Test

Lemon Test

A 3-part test to determine if a law violates the Establishment Clause.

Slander

the action or crime of making a false spoken statement damaging to a person's reputation.

writ of certiorari

A formal writ used to bring a case before the Supreme Court through the Rule of 4.

Rule of 4

Requires four or more justices to "grant certiorari" (agree to hear an appeal).

Scott v. Sandford, 1857 (Dred Scott Case)

Ruled that a slave who had escaped to a free state enjoyed no rights as a citizen (including the ability to sue).

Plessy v. Ferguson (1896)

Established "Separate but Equal"

De Facto Segregation

Segregation resulting from economic or social conditions or personal choice (not systemic).

De Jure Segregation

Segregation upheld by government/system

Roe v Wade (1973)

The court legalized abortion. (Based off Right to Privacy for Women)

Importance of the Right to Privacy

Government could criminalize any private activity.

"Don't Ask Don't Tell"

Homosexual service people can stay in the military if they don't openly admit their sexuality. (Bill Clinton)

Hatch Amendment on Abortion

Mandates the stricter of the state and federal laws on abortion. (Unratified)

Basis for the Right to Privacy

Implicitly mentioned in many amendments, indicating that privacy is a liberty for all citizens.

Original Jurisdiction of the Supreme Court

Cases involving Diplomats from foreign nations, and disputes between states.

Texas v. Johnson (1989)

Flag burning is protected by the 1st Amendment

Miranda v. Arizona (1966)

Established Miranda warnings of counsel and silence. Must be given before questioning.

Mapp v. Ohio (1961)

Illegally obtained evidence cannot be used in court. (Obscene material found in place of warranted crime)

What does the Supreme Court consider subversive speech?

Speech that advocates the overthrow of the government or undermines its authority.

Freedom of Information Act (FOIA)

Allows public access to non-classified federal records/information;

Burden on the government to explain the withholding of information

writ of habeas corpus

A court order requiring explanation to a judge why a prisoner is being held in custody.

Ex Post Facto Laws

A law which punishes people for a crime that was not a crime when it was committed.

Bill of Attander

Law that punishes a specific group or person without a trial.

Grand Jury

Judges whether there's probable cause to charge someone with a federal crime. (Can indict with sufficient evidence)

Strict Scrutiny (Used When)

Laws affect fundamental rights (speech, religion, etc.) or suspect classifications (race, national origin)

Strict Scrutiny Test

A compelling government interest AND narrowly tailored law (least restrictive means)

Intermediate Scrutiny (Used When)

Laws involving quasi-suspect classifications (gender/legitimacy)

Intermediate Scrutiny Test

Important government interest AND the law is substantially related to that interest

Rational Basis Review (Used When)

Laws involving non-suspect classifications (age, income, education)