Amendments Anti- Federalist created in fear of a large federal government?
bill of rights; specifically the 9th and 10th Amendments
9th amendment: states that there are other rights that may exist aside from the ones explicitly mentioned, and even though they are not listed, it does not mean they can be violated.
10th Amendment:
What is the Bill of Rights?
*in 1789 Congress sent proposed Bill of Rights to the states for ratification (occurred in 1791)
*guaranteed freedom of speech, press religion
*it highlighted the anti-Federalists' fears
How has the 14th Amendment been interpreted? Has it Limited or Grown?
*suggested that the protections of the Bill of Rights should also protect state violations of those rights
1.) Privileges and Immunities Clause
2.) Due Process Clause
3.) Equal Protection Clause
"No state shall ... deprive any person of life, liberty, or
Gitlow v. New York
*court case in which the SC first noted that the states were not completely free to limit the forms of political expression
*fundamental personal rights were protected from infringement by states by the due process clause of the 14th Amendment
(1925)
Selective Incorporation
a judicial doctrine whereby most, but not all, of the protections found in the Bill of Rights are made applicable to the states via the Fourteenth Amendment
What are the Bill of Rights Amendments?
1st: freedom of religion, speech, press
2nd: right to bear arms
3rd: housing of soldiers
4th: protection from unreasonable searches
5th: protection to rights of life, liberty and property
6th: rights of accused persons in criminal cases
7th: rights in civ
What is the Establishment Clause?
the clause in the 1st Amendment that prohibits the establishment of religion by Congress
What is Hierarchical when dealing with Freedom of Speech?
if one disrupts the peace and causes anger it can not be claimed freedom of speech
New York Times v. USA
*Censorship cases ("prior restraint")
*speech that addresses matters of public concern may not be censored
Stromberg v CA
*upheld flying of the red flag (symbolic of opposition to the US government)
*symbolic speech
Free Speech Zones
areas set aside in public places for the purpose of political protesting. they haven't come to the courts, why no one knows about it
Brady Bill
US Congress mandated federal background checks on firearms purchases in the US, and imposed a 5-day waiting period on purchases
Miranda v Arizona
1966
Supreme Court decision that sets guidelines for police questioning of accused persons to protect them against self-incrimination, the "right to remain silent", and to protect their right to counsel (speak with lawyer)
Gideon v Wainwright
1963
Ordered states to provide lawyers for those unable to afford them in criminal proceedings. Warren Court's judicial activism in criminal rights. 6th Amendment & right to counsel.
Gideon was charged with breaking and entering in Florida and could not a
Griswold case created what?
- Right to privacy
landmark ruling which the court establishes that there is a "penumbra" of rights
- these are civil liberties closely attached to the Bill of Rights
- in this case, the right to consenting adults to use birth control is a privacy right p
Discrimination is based on what characteristics?
age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation
Missouri Compromise
36''30 line; balanced representation of slavery and anti-slavery states by admitting Missouri as a slave state and Maine as a free state
Uncle Toms Cabin - Harriet Beecher Stowe (Lincoln Quote)
book about a slave woman trying to escape with her young child; first time a book is written from a slave perspective and sold to the public
Civil War Amendments
~13th, 14th, 15th
~abolish slavery, citizenship due process, voting rights for black males
Plessy v Ferguson
*Court found that separate but equal accommodations did not violate the equal protection of the 14th amendment
19th Amendment
guaranteed women the right to vote
Brown v Board of Ed
1954
The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.
Rosa Parks
Refused to give up her seat to a white passenger. After she was jailed, the Montgomery bus boycott was organized.
Tactics of the Civil Rights Movement
Nonviolence
--> protests
--> boycotts
--> sit ins
--> grass roots organizing
De-Jure
separation enforced by law
De- Facto
racial discrimination that results from practice rather than the law (housing patterns)
The Equal Rights Amendment
*originally presented as simple correction to the Constitution
*became politicized
*halted by Roe v. Wade decision
Regents of University of Cal v Bakke
Supremes upheld notion of affirmative action but said race could be only one factor in determining admission
Walmart
*women claimed to be payed lower wages than men and offered fewer opportunities
*another group claimed that Wal-Mart knowingly hired illegal immigrants and in doing so violated the worker's ciivl rights by refusing to pay Social Security and other wage co
Women's Rights
-litigation for equal rights
-Hoyt v. Florida: trial by all-male jury is acceptable, decision is reversed in 1975
-Kennedy created President's Commission on the Status of Women
-->Report, American Women, documented pervasive discrimination against women
-
Dred Scott
*found that MO Compromise was unconstitutional
*slaved were not US citizens and couldn't bring suits in federal court
15th Amendment
*one of the Civil War Amendments
*specifically enfranchised newly-freed male slaves
*didn't guarantee suffrage, it simply said that states could not deny anyone the right o vote on account of race or color
Roe v Wade
Court found a woman's right to an abortion was protected by the right t privacy that could be implied from specific guarantees found in the bill of Rights, and that were applied to the states through the 14th Amendment
Civil Rights Act of 1964: leading to the legislation
-Kennedy request on banning discrimination in public accommodations
-March on Washington led by MLK
-"I have a dream" speech
-Kennedy was assasinated
-Johnson, southern-born VP, put civil rights on top of his agenda as new president
-opposition from Strom
Civil Rights Act of 1964: once the legislation passed
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Civil Rights Act of 1964: Impact
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