Studied by 2 peopleCivil Liberties
protections from the abuse of the govt power
Civil Rights
protection from discrimination based on race, gender, or other minority status
common for African American struggle
Selective Incorporation
ap
1st Amendment
Freedom of Speech
Freedom of the Press
Freedom of Assembly and Association
peaceful not violent
cannot disrupt day-to-day life
freedom of association: govt cannot restrict the number or type of groups or organizations people belong to as long as national security not threatened
Freedom of Religion
free exercise: govt cannot prevent individuals from practicing their faiths; few exceptions
the establishment clause: prevents govt from est state religion
Lemon test: test to determine if the est clause is violated
2nd Amerndment
right to bear arms
question of “well-regulated militia”
states make sub laws of this tho
3rd Amendment
no quartering of troops at all during times of peace and only by law during war
three is a party
4th Amendment
protect individual’s “person, house, papers, and effects against unreasonable searches and seizures”
probable cause: the search is likely to find evidence of illegality
search warrant: issued by judge to search and seize
exclusionary rule: evidence found by police who disregard this procedure may not be admitted as evidence in trial
objective good faith exception: allows for convictions in cases in which a search was not technically legal but was conducted under the assumption that it was legal
inevitable discovery rule: illegally seized evidence that would have eventually been found legally is allowed in court
immediately after arrest, consent, plain view, and probable cause allow searches and seizures
exigent circumstances: reason to belive that someone may be harmed or evidence could disappear
5th Amendment
protect from broad powers of fed govt; grand jury, prohibit double jeopardy, eminent domain laws, may not deprevie and individual of “life, liberty, or property by any level unless due process of law is applied,” rights granted to the accused
Protection from Self-Incrimination
Constitution protects; defendant cannot be forced to testify, jury cannot infer guilt, right to remain silent, right to a lawyer
6th Amendment
habeas corpus: protects against unlawful imprisonment and ensures that a person cannot be held indefinitely without being formally charged before a judge or in a court, or without a legal reason to extend their detention
lawyer must be provided
the right to a speedy trial
7th Amendment
trial by jury in common-law cases
8th Amendment
“excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”
bail can be denied though
cruel and unusual punishment clause = death penalty debate
9th Amendment
“the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people” AKA rights not in the Constitution are still protected
privacy and others
Right to Privacy
implied right to privacy: 1, 3, 4, 5, 9, and 14 = privacy
Civil Rights
Civil War
13th Amendment
14th Amendment
15th Amendment
Civil Rights Act of 1875
Jim Crow laws and voting restrictions
poll taxes, grandfather clauses
Equal Pay Act of 1963
24th Amendment
Civil Rights Act of 1964
Voting Rights Act of 1965
Civil Rights Act, Title VIII
Civil Rights Act of 1991
de facto Segregation
segregation by living location, like neighborhoods feeding into schools
Affirmative Action
seek to create special opportunities for minorities
reverse discrimination argument
Women’s Rights
19th Amendment
Equal Pay Act of 1963
Civil Rights Act of 1964
Title IX, Higher Education Act
Restoration Act of 1988
Lilly Ledbetter Fair Pay Act of 2009
Failed Equal Rights Amendment
argued that women do not yet have a full guarantee of equality under the law from the federal government
Note
Flashcard