Describe the state of our Fourth Amendment rights since 9/11.
patriot act-the department of Justice (DOJ) created a post constitutional interpretation of the fourth amendment that allows it to access millions of records of Americans using only subpoenas, not search warrants-technology (wiretapping)-LESS
Identify three Supreme Court cases and explain how they have expanded privacy rights.
Roe v Wade- abortion
Griswold v Connecticut- contraceptives in your house
Mapp v Ohio- protected from unreasonable search and seizure
Explain how the federal government has expanded power regarding civil rights throughout the 20th century.
-affirmative action-fair housing act-civil rights act-abolishment of jim crow laws
What exceptions are there to the general rule against warrant less searches?
1) Special Needs
2) Plain View
3) Exigent Circumstances
4) Consent
5) Incident to arrest
6) Automobile Exception
7) Stop & Frisk
Can laws change opinion and behavior?
Behavior- of course because if you break laws, you go to jail, if you obey laws, you live good life
Opinion- not necessarily, congress could pass a law that you don't particularly agree with, but it is still a law you have to follow
Describe some Supreme Court rulings that help expand the rights of those accused crimes:
-Miranda v Arizona: created the miranda rights (dealing with the 5th amendment and 6th)-Gideon v Wainwright: right to a lawyer (6th amendment)
What were some ways that whites subordinated Black political power after the civil war?
JIm crow laws: white primaries, poll taxes, grandfather clause, literacy tests, as well as basic segregation
Explain whether polygamy is protected by The First Amendment.
No-Reynolds v US
Is burning the flag illegal?
yes- texas v johnson
How did the Burger Court define obscenity?
(Burger Court is referring to the Supreme Court) and defined obscenity as "utterly without socially redeeming value" to that which lacks "serious literary, artistic, political, or scientific value".
Fighting words
Speech that directly incites damaging conduct.
First Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redre
Establishment Clause
The clause in the First Amendment that says the government may not establish an official religion.
Free Exercise Clause
A First Amendment provision that prohibits government from interfering with the practice of religion.
Freedom of Petition
the right to present requests to the government without punishment.
Clear and Present Danger Doctrine
Judicial interpretation of Amendment 1 that the government may not ban speech unless such speech poses an imminent threat to society.
Letter From Birmingham Jail
A letter written by Martin Luther King Jr. after he had been arrested when he took part in a nonviolent march against segregation. He was disappointed more Christians didn't speak out against racism.
Double Jeopardy
Being tried twice for the same crime
Restrictive Covenants
A statement written into a property deed that restricts the use of the land in some way; often used to prohibit certain groups of people from buying property
Exclusionary Rule
A rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct
Dual Citizenship
the case in which a person can be a citizen of two countries
Bill of Attainder
a law that punishes a person accused of a crime without a trial or a fair hearing in court
Separate but Equal
Principle upheld in Plessy v. Ferguson (1896) in which the Supreme Court ruled that segregation of public facilities was legal.
Miranda Right
Must be informed of your right to an attorney
Regulatory Taking
Government regulation of property so extensive that government is deemed to have taken the property by the power of eminent domain, for which it must compensate the property owners.
Privacy Rights
Liberties protected by several amendments in the Bill of Rights that shield certain personal aspects of citizens' lives from governmental interference, such as the Fourth Amendment's protection against unreasonable searches and seizures.
Equal Protection Clause
Constitutional guarantee that everyone be treated equally-14th amendment
Poll Tax
A requirement that citizens pay a tax in order to register to vote
Civil Rights Movement
movement in the United States beginning in the 1960s and led primarily by Blacks in an effort to establish the civil rights of individual Black citizens
Commerce Clause
The clause in the Constitution (Article I, Section 8, Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.
Executive Privilege
The power to keep executive communications confidential, especially if they relate to national security.
Interstate Commerce Clause
Constitutional clause that gives Congress the right to regulate interstate commerce. This clause has been broadly interpreted to give Congress a number of implied powers.
Eminent Domain
Power of a government to take private property for public use.
Fifth Amendment
A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law.
Immigration Reform and Control
Act that prohibits discrimination against job applicants on the basis of national origin or citizenship; establishes penalties for hiring illegal aliens and requires employers to establish each employee's identity and eligibility to work.
EEOC
Equal Employment Opportunity Commission
Lemon Test
The three-part test for Establishment Clause cases that a law must pass before it is declared constitutional: it must have a secular purpose; it must neither advance nor inhibit religion; and it must not cause excessive entanglement with religion.
Freedom of Assembly
the right of the people to gather peacefully and to petition government
Freedom of the Press
the right of journalists to publish the truth without restriction or penalty
Ex post facto law
a law that makes an act criminal although the act was legal when it was committed
Writ of Habeaus Corpus
A court order that requires police to bring a prisoner to court to explain why they are holding the person
Selective incorporation
The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.
Non-protected speech
Libel, obscenity, fighting words, and commercial speech, which are not entitled to constitutional protection in all circumstances.
Prior Restraint
A government preventing material from being published. This is a common method of limiting the press in some nations, but it is usually unconstitutional in the United States, according to the First Amendment and as confirmed in the 1931 Supreme Court case
Libel
A written defamation of a person's character, reputation, business, or property rights.
Obscenity
an offensive or indecent word or phrase
Majority-minority Districts
In the context of determining representative districts, the process by which a majority of the population is from the minority.
Eminent Domain
Power of a government to take private property for public use.
Civil Rights Act of 1964
This act made racial, religious, and sex discrimination by employers illegal and gave the government the power to enforce all laws governing civil rights, including desegregation of schools and public places.
What public funds can go to parochial (religious) schools?
Transportation (Emerson v. Board of Ed.)
What rights are protected in the first amendment?
Freedom of speech, freedom of religion, freedom of the press, freedom of assembly, and the right to petition.
Right of a Person Accused of a Crime
-right to a fair trial
-due process
-to seek redress or a legal remedy
-rights of participation in civil society and politics such as freedom of association
Jim Crow Laws
Laws designed to enforce segregation of blacks from whites.
Affirmative Action
A policy designed to redress past discrimination against women and minority groups through measures to improve their economic and educational opportunities.
Segregation
Separation of people based on racial, ethnic, or other differences.
Equality of Results
Distributing desired things equally to the races.
Equality of Opportunity
A widely shared American ideal that all people should have the freedom to use whatever talents and wealth they have to reach their fullest potential.
15th Amendment
Citizens cannot be denied the right to vote because of race, color , or precious condition of servitude.
14th Amendment
Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws.
Due Process
Following established legal procedures.
1968 Fair Housing Act
Prohibits discrimination in the sale, rental, and financing of housing-related transactions, based on race, national origin, religion, sex, familial status, and handicap.
Describe and analyze the expanding role of the government in combating discrimination and expanding economic equality.
EEOC, affirmative action, 4th amendment
Evaluate the legality of affirmative action and explain recent Supreme Court rulings regarding affirmative action.
affirmative action is ab providing equal opportunity but in the 70s people argued that it was reverse racism (Bakke v. California)
In what way does the Constitution regulate equality?
Equal protection clause, due process
Discuss the difference between equality of opportunity and equality of results.
while one is an idea that everyone has the same opportunity and chances in any field the other is the idea that no matter what background or hardships anyone face, the results should be the same
What laws did Congress pass to regulate discrimination?
Title IX, Title VI, Title VII, Civil Rights Act of 1964, Voting rights Act of 1965, Fair Housing Amendments Act of (1968 and 1988), Americans with disabilities act 1990
What clause of the constitution has the Congress used to regulate discrimination?
commerce clause
Can a public school have a Bible study?
No (establishment clause)
Is the term "separation of Church and State" in the First Amendment?
No, it is the summary of the establishment clause used by Thomas Jefferson
What is the difference between the Free Exercise Clause+the Establishment Clause?
The Free Exercise Clause protects citizens while the Establishment Clause limits the government