civil liberties
the constitutional and other legal protections against gov actions. Our civil liberties are formally set down in the BOR
civil rights
Civil rights protect individuals from discrimination based on characteristics such as race, national origin, religion, and sex.
why did the founders write the BOR?
the founders wrote the BOR to restrict the powers of the national gov
bill of rights
the first 10 amendments to the US constitution, which define such basic liberties as freedom of religion, speech, and the press, and they guarantee defendant's rights
1st amendment
religion, speech, press, assembly, petition
2nd amendment
right to bear arms
3rd amendment
quartering of soldiers
4th amendement
searches and seizures
7th amendment
trial by jury in common law cases
9th amendment
rights retained by the people
10th amendment
rights reserved to the states
barron v. baltimore:
the 1833 SC decision holding that the BOR restrained only the national gov, not the states or cities
14th amendment
adopted after the civil war. Declares "no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the US; nor shall any state deprive any person of life, liberty, or poverty, w/o due process of law; nor deny to
the slaughterhouse cases (1873)
the SC gave a narrow interpretation of the 14th amendment's privileges or immunities clause, concluding that it only applied to national citizenship and not state citizenship and thus did little to protect citizens against state actions
gitlow v. new york
1925 court decision holding that freedoms of speech and press are "fundamental personal rights and liberties protected by the due process clause of the 14th amendment from impairment by the states" as well as the federal gov
equal protection clause
A clause of the Fourteenth Amendment stipulating that no state shall "deny to any person within its jurisdiction the equal protection of the laws." The equal protection clause has served as the basis for most legal challenges to discrimination.
due process clause
A clause of the Fourteenth Amendment stipulating that no state shall "deprive any person of life, liberty, or property without due process of law." This clause aims to ensure that neither states nor the federal government infringe upon the rights of indiv
procedural due process
fair procedure, right to fair steps taken by gov before losing liberty
substantive due process
fair and clear laws, fundamental rights
incorporation doctrine
the legal concept under which the SC has nationalized the BOR by making most of its provisions applicable to the states through the 14th amendment
establishment clause
part of the 1st amendment stating that "congress shall make no law respecting an establishment of religion
free exercise clause
a 1st amendment provision that prohibits gov from interfering w the practice of religion
lemon v kurtzman
the 1971 SC decision that established that aid to church related schools must (1) have a legislative secular process; (2) have a primary effect that neither advances nor inhibits religion; and (3) not foster excessive gov entanglement w religion
agostini v. felton
SC decided that public school systems could could send teachers into parochial schools to teach remedial and supplemental classes to needy children
zelman v simmons-harris
the 2002 SC decision that upheld a state program providing families w vouchers that could be used to pay for tuition at religious schools
1984 equal access act
congress made it unlawful for any public high school receiving federal funds to keep student groups from using school facilities for religious worship if the school opens its facilities for other student meetings
engle v vitale
the 1962 SC decision holding that state officials violated the 1st amendment when they're required that a prayer to be recited by public school children
intelligent design
the view that living things are too complicated to have resulted from natural selection and thus must be the result of an intelligent clause
religious freedom restoration act
applies only to the national gov, requires laws to meet a more restrictive standard: a law or regulation cannot interfere w religious practices unless the gov can show that it is narrowly tailored in pursuit of a "compelling interest
prior restraint
gov actions that prevent material from being published. As confirmed in near v minnesota prior restraint is usually prohibited by the 1st amendment
roth v United states
a 1957 SC decision ruling that "obscenity is not within the area of constitutionally protected speech or press
miller v california
a 1973 SC decision holding that the community standards be used to determine whether material is obscene, defined as appealing to a "prurient interest", being "patently offensive" and lacking in "serious literary, artistic, political, or scientific value
communications decency act
banning obscene material online and criminalizing the electronic transmission of indecent speech or images to anyone under 18. Was overturned by congress for being vague and being a violation free speech
libel
the publication of false and malicious statements that may damage someone's reputation
new york times v. sullivan:
a 1964 SC decision establishing that, to win damage suits for libel, public figures must prove that the defamatory statements about them were made w "actual malice" and reckless disregard for the truth
texas v johnson
a 1989 case in which the SC struck down a law banning the burning of the american flag on the grounds that such action was symbolic speech protected by the 1st amendment
symbolic speech
nonverbal communication, such as burning a flag or wearing an armband. The SC has accorded some symbolic speech protection under the 1st amendment
zurcher v. sanford daily:
a 1978 SC decision holding that a search warrant could be applied to a newspaper without necessarily violating the 1st amendment rights to freedom of the press
commercial speech
communication in the form of advertising, which can be restricted more than many other types of speech
miami herald publishing company v tornillo
a 1974 case in which the SC held that a state could not force a newspaper to print replies from candidates it had criticized. The case illustrates the limited power of gov to restrict the print media
red lion broadcasting company v FCC
a 1969 case in which the SC upheld restrictions on radio and tv broadcasting similar to those it had overturned in miami herald v tornillo. The court reasoned that regulating radio and tv broadcasting is justified bc there are only s limited # of broadcas
the federal election campaign act of 1971
included limits on campaign contributions to candidates for the presidency and congress, disclosure and reporting requirements, and public financing of presidential elections. Also ruled that spending $ to influence elections is a form of constitutionally
bipartisan campaign reform act
(McCain-Feingold Act) banned unrestricted ("soft money") donations made directly to political parties and the solicitation of those donations by elected officials
rights to assemble
the right to gather together in order to make a statement. freedom of assembly includes the rights to parade, picket, and protest. the right to associate w people who share a common interest, including an interest in political change
NAACP v. alabama
the 1958 SC decision that the right to assemble meant that alabama could not require the state chapter of NAACP to reveal its membership list
district of columbia v heller
the SC held that the 2nd amendment protects and individual right to possess a firearm for lawful purposes, such as self-defense w/in the home.
mcdonald v chicago
the court extended the 2nd amendment limits on restricting an individual's right to bear arms to state and local gun control laws
probable cause
reasonable grounds for believing that a person is guilty of a crime. In order to make a lawful arrest, the police must have a probable cause
unreasonable searches and seizures
obtaining evidence in an unlawful manner, a practice prohibited by the 14th amendment. The police must have probable cause and/or a search warrant in order to make a legal and proper search for and seizure of incriminating evidence and seize such evidence
search warrant
a written authorization from a court specifying the area to be searched and what the police may search for
exclusionary rule
the rule that evidence cannot be introduced into a trial if it was not obtained in a constitutional manner. The rule prohibits use of evidence obtained through unreasonable search and seizure
mapp v. ohio
the 1961 SC decision ruling that the 14th amendment's protection against unreasonable searches and seizures must be extended to the states
herring v united states
the court held that the exclusionary rule does not apply when there is isolated police negligence rather than systematic error or reckless disregard of constitutional requirements
5th amendment
a constitutional amendment designed to protect the rights of persons accused of crimes. It provides protection against double jeopardy, self-incrimination, and punishment without due process of law
self-incrimination
being a witness against oneself. The 5th amendment forbids involuntarily self-incrimination
suspects immunity
exemption from prosecution in exchange for suspect's testimony regarding their own and other's misdeeds
miranda v arizona
the 1966 SC decision that set guidelines for police questioning of accused persons to protect them against self-incrimination and to protect their right to counsel
6th amendment
designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial
gideon v. wainwright
the 1963 SC decision holding that anyone accused of a felony where imprisonment may be imposed has a right to a lawyer. The decision requires the gov to provide a lawyer to anyone so accused who is too poor to afford one
plea bargaining
a bargain struck btw a defendant's lawyer and a prosecutor to the effect that the defendant will plead guilty to a lesser crime (or fewer crimes) in exchange for the state's promise not to prosecute the defendant for a more serious crime or for additional
military commissions act
specifically authorized military commissions to try alien, unlawful enemy combatants and denied such combatants access to the courts
8th amendment
forbids cruel and unusual punishment
cruel and unusual punishment
court sentences prohibited by the 8th amendment
gregg v georgia
the 1976 SC decision that upheld the constitutionality of the death penalty, as "an extreme sanction, suitable to the most extreme of crimes
mccleskey v kemp
the 1987 SC decision that upheld the constitutionality of the death penalty against charges that it violated the 14th bc minority defendants were more likely to receive the death penalty than were white defendants
victim impact
statements detailing the character of murder victims and their families' suffering to be used against a defendant
right to privacy
the right to a private personal life free from the intrusion of gov
roe v wade
the 1973 SC decision holding that a TX state ban on abortions was unconstituional. The decision forbade state control over abortions during the 1st trimester of pregnancy, permitted states to limit abortions to protect a mother's health in the second trim
planned parenthood v casey
a 1992 case in which the SC loosened its standard for evaluating restrictions on abortion from one of "strict scrutiny" of any restraints on a "fundamental right" to abortion to one in which regulations not impose and "undue burden" on women
civil rights
policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals
unalienable rights
which all are equally entitled
14th amendment
states that "no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the US; nor shall any state deprive any person of life, liberty, or property, w/o due process of law; nor deny to any person within its jur
Equal protection of the laws
part of the 14th amendment emphasizing that the laws must protect equivalent "protection" to all people. This equal protection clause became the principal tool for waging struggles for equality
A classification that is arbitrary
a law signaling people w red hair or blue eyes for inferior treatment is unconstitutional
court has ruled that racial and ethnic classifications are
inherently suspect
classifications based on gender receive
intermediate scrutiny, the courts presume them to be neither constitutional or unconstitutional
dred scott v. sandford
the 1857 SC decision ruling that a slave who escaped to a free state enjoyed no rights as a citizen and that congress had no authority to ban slavery in the territories. Announced that a balck man, slave or free, was a "chattel", and had no rights under a
13th amendment
the constitutional amendment ratified after the civil war that forbade slavery and involuntary servitude
freedmen's bureau
provided assistance to former slaves who were making the difficult transition from slavery to freedom
jim crow laws
segregationist laws on african americans
plessy v ferguson
an 1896 SC decision that provided a constitutional justification for segregation by ruling that a louisiana law requiring "equal but separate accommodations for the whit and colored races" was constitutional
niagara movement
an early civil rights organization, founded in 1905. It folded the national association for the advancement of colored people, which were formed in 1908
McLaurin v Oklahoma state regents
the Sc ruled that a public institution of higher learning may not provide different treatment to a student solely bc of his or her race
Sweatt v. painter
the court found that "separate but equal" formula generally unacceptable for professional schools
brown v board of education
1954 SC decision holding that school segregation is inherently unconstitutional bc it violates the 14th amendment's guarantee of equal protection. This case marked the end of legal segregation in the US
alexander v holmes county board of education:
ruled that delays in desegregating school systems are no longer tolerable
swann v. charlotte mecklenberg county schools
practice of assigning students to schools in a way that promote racial balance
de jure
(by law) segregation
De facto
in reality
civil rights act of 1964
the law making racial discrimination in public accomadations illegal. It forbade many forms of job discrimination. It also strengthened voting rights. Created the equal employment opportunity commission (EEOC) to monitor and enforce protections against jo
jones v. mayer
(1968) to prevent racial discrimination congress could regulate the sale of private property and congress passed the open housing act of 1968 to forbid discrimination in the sale or rental of housing
suffrage
the legal right to vote, extended to african americans by the 15th amendment, to women by the 19th amendment, and to 18-20 year olds by the 16th amendment
15th amendment
adopted in 1870 to extend suffrage to african americans
grandfather clause
exempted persons whose grandfathers were eligible to vote in 1860 from taking these literacy tests
poll taxes
small taxes levied on the right to vote. Poll taxes were used by most southern states to exclude african americans from voting
white primary
primary elections from which african americans were excluded, an exclusion that, in the heavily democratic south, deprived african americans of a voice in the real contests. SC declared it as unconstitutional in 1944 in smith v. allwright
24th amendment:
passed in 1964 that declared poll taxes void in federal elections
harper v virginia state board of education
SC voided poll taxes in state elections
voting rights act of 1965
a law designed to help end formal and informal barriers to african american suffrage. Under the law, hundreds of thousands of african americans registered to vote, and the # of AA elected officials increased dramatically
hunt v. cromartie
conscious consideration or face is not automatically unconstitutional if the state's primary motivation is potentially political rather than racial
minority majority
a situation in which americans who are members of minority groups will outnumber americans of european descent
Dawes act of 1887
the federal gov turned to a strategy of forced assimilation, sending children to boarding schools off the reservations, often against the will of their families, and banning tribal rituals and languages
santa clara pueblo v. martinez (1978)
the SC strengthened the tribal pier of individual tribe members and furthered self-gov by indian tribes
hernandez v texas
a 1954 SC decision that extended protection against discrimination to hispanics
plyer v doe
Sc struck down the law as a violations of the 14th amendment, arguing that illegal immigrant children are entitled to protection from discrimination unless a substantial state interest can be shown to justify it
korematsu v. US
1944 SC decision that upheld as a constitutional the internment of more than 100k americans of japanese descent in encampments during WWII
covertue
the legal doctrine deprived women of any legal identity separate from that of their husbands
19th amendment
adopted in 1920 that guarantees the women the right to vote
equal rights amendment
originally introduced in congress in 1923 and passed in 1972, stating that the "equality of rights under the law shall not be denied or abridged by the US or by any state on accountant of sex". Despite public support, the amendment fell short of the 3/4s
betty friedan
Author of The Feminine Mystique, a 1963 book that raised concerns about the status of women in society and fueled the women's rights movement of the 1960s and 1970s. Friedan became the first president of the National Organization for Women.
thurgood marshall
Founder and first executive director of the NAACP's Legal Defense and Educational Fund, which pursued a strategy of legal challenges to segregation on the basis of the equal protection clause. Marshall successfully argued Brown v. Board of Education of To
reed v reed
the landmark case in 1971 in which the SC for the 1st time upheld a claim of gender discrimination
craig v.boren
the 1976 ruling in which the SC established the "intermediate scrutiny" standard for determining gender discrimination
equal pay act of 1963
makes it illegal to pay different wages to men and women if they perform equal work in the same workplace
americans w disabilities act of 1990
requires employers and public facilities to make "reasonable accommodations" for people w disabilities and prohibits discrimination against these individuals in employment
defense of marriage act:
permits states to disregard same sex marriages even if they are legal elsewhere in the US
affirmative action
a policy designed to give special attention to or contemporary treatment for members of some previously disadvantaged group
equal results
diff groups have the same percentage of success in obtaining good jobs
regent of the uni of cali v. bakke
1978 court decision holding that a state uni may weigh race or ethnic as one element in admissions but may not set aside places for members of particular racial groups
adarand constructors v. pena
a 1995 SC decision holding that federal programs that classify people by race, even for an ostensibly benign purpose such as expanding opportunities for minorities, should be presumed to be unconstitutional
reverse discrimination
individuals are discriminated against when people who are less qualified are hired to admitted or admitted to programs bc of their minority status
Marbury v. Madison (1803)
SC asserted its rights to determine the meaning of the US constitution. the decision established the court's power of judicial review
McCulloch v. Maryland (1819)
established the supremacy of the national gov over state govs. the court, led by chief justice john marshall, held that congress had certain implied powers in addition to the powers enumerated in the constitution
Schenck v. United States (1919)
SC decision upholding the conviction of a socialist who had urged resistance to the draft during WWI. justice holmes declared that gov can limit speech if the speech provokes a "clear and present danger" of substantive evils
Brown v. Board of Education (1954)
SC decision holding that school segregation was inherently unconstitutional bc it violated the 14th amendment's guarantee of equal protection. this case marked the end of legal segregation in the US
Baker v. Carr (1961)
Supreme Court case that set the standard that House districts must contain equal numbers of constituents, thus establishing the principle of "one person, one vote.
Engel v. Vitale (1962)
the 1962 SC decision holding that state officials violated the 1st amendment when they wrote a prayer to be recited by new york's schoolchildren
Gideon v. Wainwright (1963)
SC decision holding that anyone, however poor, accused of a felony where imprisonment may be imposed has a right to a lawyer
Tinker v. Des Moines (1969)
Public school students may wear armbands to class protesting against America's war in Vietnam when such display does not disrupt classes
New York Times Co. v. United States (1971)
Affirmed the 1st amendment guarantee of a free press and limited "prior restraint" of the press
Wisconsin v. Yoder (1972)
The Court ruled that Wisconsin could not require Amish parents to send their children to public school beyond the eighth grade because it would violate long-held religious beliefs.
Roe v. Wade (1973)
holding that a state ban on abortions was unconstitutional. the decision forbade state control over abortions during the 1st trimester of pregnancy, permitted states to limit abortions to protect the mother's health in the 2nd trimester, and permitted sta
Shaw v. Reno (1993)
NO racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts.
United States v. Lopez (1995)
Commerce clause of Constitution does not give Congress the power to regulate guns near state-operated schools
Citizens United v. Federal Election Commission (2010)
a 2010 landmark SC case that ruled that individuals, corporations, and unions could donate unlimited amounts of $ to groups that make political expenditures
McDonald v. Chicago (2010)
The Second Amendment right to keep and bear arms for self-defense is applicable to the states
letter from bermingham jail
Written by Martin Luther King, Jr., while detained in a Birmingham, Alabama jail cell for protesting segregation. letter critiqued the idea that civil rights demonstrators should wait until a later time to pursue racial justice and that it was immoral for
near v. minnesota
the 1931 SC decision holding that the 1st amendment protects newspapers from prior restraint
schenck v united states:
a 1919 SC decision upholding the conviction of a socialist who had urged resistance to the draft during ww1. Justice Holmes declared that the gov can limit speech if the speech provokes a "clear and present danger" of substantive evils
gitlow v. new york:
holding that freedoms of speech and press are "fundamental personal rights and liberties protected by the due process clause of the 14th amendment from impairment by the states" as well as by the federal gov