Civil rights
The rights and privileges guaranteed under the equal protection and due process clauses of the fifth and the fourteenth amendment
What are Americans' view on equality?
#NAME?
equal protection clause
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Plessy vs Ferguson (1896)
Plessy sues state because of discrimination. Plessy is forced to sit in the blacks only section of the train. Court rules that it is seperate but equal. Plessy argues for 14th amendment for equal protection but the states argue for 10th amendment which is
civil rights
the rights and privileges guaranteed under the equal protection and due process clauses of the fifth and 14th amendment
Voting rights act of 1965
prohibits racial discrimination in voting and registration. Banned discriminatory voter registration practices and it allowed federal intervention in for voter registration in states with a history of discriminating against black voters
Despite the persisting issues of racism, African Americans have made gains in
elected office
What helped secure equal treatment under the law?
combination of acts of civil disobedience, boycotts, peaceful protests, lawsuit, and decisions by the supreme court.
EX: Brown vs. Board of Education
Rosa Parks refusal to give up her seat
MLK speech
Civil rights act
Which constitutional amendment granted women the right to vote?
19th Amendment
Rostker vs. Goldberg
the supreme court upheld the constitutionality of gender classifications even though such classification need to be scrutinized more closely than classifications by age or income
In order to ensure equal employment opportunity for all, the federal government in the 1960s began to require agencies and businesses to
establish policies aimed at giving minority-group members equal opportunities to obtain jobs.
Which of the following women were vice presidential candidates for a major U.S political party?
Sarah Pallin and Geraldine Ferraro
According to the supreme court, laws that discriminate between people based on their race or ethnicity are laws that make use of
suspect classifications
Which of the following was the 1954 landmark case that ended segregation in public schools?
Brown vs. Board of Education of Topeka
Lawrence vs. Texas(2003)
gays and lesbians gained a major victory when the supreme court invalidated state laws that prohibited sexual relations between consenting adults of the same sex
Since the 1950s, how has the federal government responded to demands for equal rights for African Americans?
It passed a series of laws that secured fundamental rights for African Americans
Regents of University of California vs Bakke
The supreme court ruled that while an institution of higher learning could consider race in its application process, race could not be the sole motivating factor in admitting a student
Which 2003 supreme court decision overturned an earlier case in which it had upheld Georgia anti-sodomy law?
Lawrence vs. Texas
Affirmative action
these programs have greater support among African Americans than among whites
Most Americans support giving historically disadvantaged groups equal treatment, although most disapprove of giving these groups preferential or special treatment
De jure discrimination
is discrimination that is based on law
Ex: Jim Crow laws
De facto
Discrimination is discrimination by fact that is based on historical prejudice
Ex: People not having the money to pay for college because of prejudice and economic circumstance
What was the first result of the national boycott of California lettuce and grapes that was launched by Cesar Chavez?
California passed a law giving migrant workers the right to bargain collectively
reasonable basis test
Application: other categories(such as age and income)
to determine if a particular law is resonable
strict-scrutiny test
Application: Race ethnicity
presumes that the law is unconstitutional unless government can provide a compelling basis for it
suspect collection
that laws classifying people differently on basis of their race or ethnicity are assumed to have discrimination as their purpose
civil rights act of 1964
barred discrimination in public accommodations, including restaurants, libraries, movies, hotels, and in employment
Voting right Act of 1965
outlawed all discriminatory voting practices such as grandfather clauses, literacy test, and poll taxes
Lau v. Nichols(1974)
A case brought by a Chinese American family that affected the civil rights of Asian American and Asian immigrants, the supreme court ruled that placing public school children for whom english is a second language in regular classrooms without specials ass
Civil Rights Act of 1968
Prohibit discrimination in housing and housing lending. The law prohibits landlords from refusing to sell or rent a house based on a person race, religion, ethnicity, or sex.
American with Disabilities Act
Granting employment and other protections to disabled Americans. Its purpose is to make sure people with disabilities have the same rights and opportunities as everyone else
The establishment Clause
Part of the first amendment freedom of religion that regulates the relationship between the government and religion
Prohibits government from establishing a national region and requires the government to remain neutral toward all religious institutions
selective incorporation
the process by which the supreme court makes certain parts of the Bill of Rights applicable to the actions of the states
Due process procedures
The legal safeguard that prevent the government from depriving citizens of life, liberty, or property without adhering to strict legal procedures
14th amendment
Freedom of Assembly
one of the fundamental rights citizens possess in a democratic society
The government must apply reasonable regulations to all groups fairly and in the same way. However, officials can:
-Regulate the time and place of assemblies
-Ensure that public assemb
civil liberties
constitutional guarantees that protect citizens from arbitrary government actions
Eighth Amendment
protects citizens against cruel and unusual punishment
Supreme court test to determine what constitutes punishment:
-disproportion to the crime
-violates standards of good conscience and fairness
-unnecessarily cruel
The Patriot Act
was passed after the 9/11 to combat terrorism. Its goal was to allow the FBI and other intelligence agencies to better identify potential terrorist attacks by accessing personal information and records from targeted individuals.
The______________clause of the first amendment bans the state from helping religious institutions, whereas the _______clause bans the state from restricting the free practice of religion by individuals
establishment, free exercise
Roe vs. Wade
the supreme court ruled that the right to privacy established by the court in Griswold extended to include a woman's right to an abortion
The right to privacy
the right of an individual to be left alone without any interference from others
Libel
False written statement that are meant to harm a person's reputation
Slander
False spoke statement that are meant to harm a person's reputation
The Bill of rights
originally applied only to national government; eventually, it was expanded to apply to both the national and state government
Which amendment are the due process rights found?
-4th
-5th
-6th
-8th
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.
Korematsu vs. United States
the supreme court upheld the forced relocation and internment of tens of thousand of Japanese American during WW2
courts allowed government policies during wartime that would not be allowed in time of peace
exception to the exclusionary rule
good faith exception: (united states vs. Leon) Admission into trial of otherwise excludable evidence if the evidence was obtained by police who thought they were following proper procedure
Inevitable Discovery Exception: (Nix vs. Williams) States that exc
Brandenburg vs. Ohio
The Court held that government cannot punish inflammatory speech unless that speech is directed to inciting, and is likely to incite, imminent lawless action
imminent lawless action
Unlawful conduct that is about to take place and that is inevitable unless there is intervention by the authorities.
the 6th Amendment
guarantees the right to an attorney, right to a a speedy trial, right to be tried by a jury of one's peers, the right to cross-examine witnesses and review evidence
5th amendment
protects citizens from harassment, persecution, and forced confessions.
prohibits tried twice for the same crime and tried for a federal crime unless indicted by a grand jury
To remain silent when accused of a crime
plain view exception
says that evidence found in plain sight is admissible even if a suspect was stopped for another infraction
free-exercise clause
prohibits government from enacting laws that restrict an individual right to practice his or her religious beliefs
exclusionary rule
prohibit the police from using illegally obtained evidence during trial
In Mapp v. Ohio, the supreme court extended the constitutional protection against unreasonable search and seizures to action by __government
state
The imminent lawless action test
says that speech must be likely to produce lawless action, has two criteria for speech advocating the unlawful use of force to be prohibited, says that for speech to be restricted it must be directed at inciting or producing imminent lawless action
Gitlow vs Newyork
the bill of rights protects citizens from the actions of both the national and state government and freedom of speech is one of the most fundamental rights possessed by citizens in a democratic society
The alien and Sedition Act
The act made it illegal to publish any speech or writing critical of the government, congress, or the president
racial profiling
is the assumption that certain groups of people are more likely to commit particular crimes
2nd amendment
well-regulated militia
the right to keep and bear arms
writ of habeas corpus
is a legal provision that requires law enforcement officials to appear before a judge to specify the reason for detaining an individual
felker vs. turpin
the supreme court ruled that, except in unusual cases, those convicted in state courts were limited to one appeal on the grounds that their federal constitutional rights were violated
prior restraint
the attempt to block the publication of material considered to be harmful by the government
Gideon v. Wainright
the supreme court ruled that the government must provide attorneys to those defendants too poor to afford their own
Engle v. Vitale
the supreme court ruled the establishment clause prohibits the recitation of prayers in public schools
United States vs. Leon
good faith
The Lemon test is designed to
ensure that government policies have a nonreligious purpose.
McDonald v. Chicago
It used the doctrine of selective incorporation to strike down a Chicago ordinance that banned handgun possession.