Civil Rights/Civil Liberties/Court Cases

62 terms by alyssacoscarelli 

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Civil rights apply to..

groups of people

civil liberties apply to..

individuals

2 clauses of 14th amendment

Due Process and Equal Protection

13th Amendment

Freed Slaves

14th Amendment

Citizenship

15th Amendment

Voting rights

Plessy v. Fergusson

Separate IS equal

3 Jim Crow Laws

poll tax, literacy test, grandfather clause
(violate equal protection of 14th amendment)

2 rulings of Brown v Board of Education

-separate is NOT equal
- all deliberate speed (own pace)
(overturned Plessy v. F)

Civil Rights Act 1964

outlaws public discrimination

Used the most to expand power of national government?

Commerce Clause

De Jure Discrimination

by law; illegal; racial segregation that is a direct result of law or official policy

De Facto discrimination

by fact; results from practice such as housing patterns; can't stop it

Open Housing Acts of 1968

illegal for realtors to discriminate in selling of real estate

Voting Rights act of 1965

eliminated poll tax; fed gov. used to ensure equal protection; BYE jim crow laws

Women's rights act begins at..

Seneca Falls Convention

organizers of women's convention

Elizabeth Cady Stanton and Lucretia Mott

what is suffrage?

the right to vote

19th Amendment

women's suffrage

Reed v Reed

men do not have precedence over women

Title IX

prohibited gender discriminatoin in federally subsidized education programs

Homosexual Rights

DOMA (marriage=right between man and woman); Virginia Civil Union Law (gave homosexual couples same rights as married couples)

Lau vs. Nichols

Hispanic rights- required school systems to have ESOL

UC Regents vs. Bakke

strict quotas unconstitutional

Gratz vs Bollinger

race cannot be determining factor (struck down bonus points at UM)

Grutter vs. Bollinger

allowed race to be used only as GENERAL factor in law school admissions at UM

Barron vs. Baltimore

Bill of rights only applies to national government and not the states

Incorporation

aka Selective Incorporation
Using the 14th amendment to apply the Bill of Rights to the states on a case by case basis

First court case to use incorporation

Gitlow vs. New York

Gitlow vs. New York

incoporated free speech

Near vs. Minnesota

incorporated freedom of press

2 clauses of Freedom of Religion

Establishment clause and Free Exercise clause

Establishment clause

prohibits gov from establishing national religion; "Wall of Separation"

Engel vs. Vitale

struch down non-denominational prayer in schools

Lemon vs. Kurtzman

Lemon test to determine what is religious in schools and what is secular

Free Exercise clause

"congress shall make no law prohibiting free exercise"; Reynolds vs US; Oregon vs Smith=banned illegal drug use in religious ceremonies

Schenck vs. US

Clear and Present danger (FIRE! in movie theater)

NYT vs. US

pentagon papers. Prior Restraint/Censorship- unconstitutional unless it presents clear and present danger to our nation

Miller v California

Obscenity; Community standards test "I KNOW IT WHEN I SEE IT"

Dejonge vs Oregon

incorporated freedom of assembly

National Socialist Party of America vs. Skokie

constitutional for Nazis to march in jewish neighborhood

Texas vs. Johnson

flag burning is constitutional; freedom of symbolic speech; giving money to presidential candidates

Tinker vs. Des Moines

freedom of expression in school;ok to wear black armband; symbolic speech

Hazlewood vs. Kuhlmeier

administration has prior restraint (Beaulieu can look at newspaper and decide whether or not o publish articles in school)

which two amendments have not been incorporated

2nd and 3rd

Mapp vs Ohio

incorporated exclusionary rule

Exclusionary rule

anything obtained in illegal search and siezure cannot be used in trial (EXCEPT IN PLAIN SIGHT OR WITH CONSENT)

Katz vs US

wiretapping without consent violates 4th amendment

NJ vs. TLO

@SCHOOL; search/siezure--> NOT probable cause, Reasonable Suspicion

5th amendment protections

indictment by grand jury
self incrimination
double jeopardy
eminent domain

Miranda vs Arizona

protection against self incrimination- informed you have the right to remain silent- miranda rights

Kelo vs City of New London

private proerty to give to private companies

6th amendment

right to speedy trial, right to a lawyer

Gideon vs. Wainwright

right to an attorney

Escobedo vs. Illinois

right to a lawyer during police interrogation

8th Amendment

cruel and unusual punishment

Gregg vs. Georgia

death penalty is NOT cruel/unusual punishment

Griswold vs Connecticut

establishes Right to Privacy; law passed in connecticut banning the dissemination of info about the sale of contraceptives

Roe Vs Wade

decision to carry a pregnancy to term or have an abortion was a woman's fundamental right;
1) woman's undefined right
2) prohibiting abortion prohibits right to privacy

what amendment did roe v wade use

9th

Cruzan v Missouri Dept of Health

right to die; living will is legitimate; only if patients family is able to provide evidence like a living will; uses 9th amendment

group that led to swift adoption of BOR

anti federalists

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