AP GoPo Unit 3 : Civil Liberties and Civil Rights
Terms in this set (41)
Constitutional freedoms guaranteed to all citizens; protection from intrusion by government
Bill of Rights
The first ten amendments to the Constitution; restrictions on federal government's ability to infringe on civil liberties
The legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the Fourteenth Amendment.
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.
Freedom of Religion
people shall be free to exercise their religion, and government may not establish a religion
Clause in the First Amendment that says the government may not establish an official religion.
Free Exercise Clause
the First Amendment guarantee that citizens may freely engage in the religious activities of their choice
Engel v. Vitale (1962)
Prohibited state-sponsored recitation of prayer in public schools by virtue of 1st Amendment's establishment clause and the 14th Amendment's due process clause; Warren Court's judicial activism.
Wisconsin v. Yoder
Amish do not have to attend school after 8th grade - right to freedom of religion (free exercise)
freedom of speech
the right to express one's opinions publicly
imminent lawless action test
rule used by the courts that restricts speech only if it is aimed at producing or is likely to produce imminent lawless action
nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.
words that attack groups such as racial, ethnic, religious, and sexual minorities; is protected under the 1st Amendment
Libel, slander, obscenity, fighting words
forms of expression not protected by the 1st Amendment
Schenck v. US (1919)
Allows limits to speech based on the "clear and present danger" principle
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 v. United States
(1971) Overturned the Justice Department's order to restrict free press in the interests of national security (the Justice Department aimed to block publication of the so-called Pentagon Papers). The ruling firmly protected freedom of the press.
Freedom from unreasonable searches and seizures
improperly gathered evidence may not be introduced in a criminal trial
the constitutional rights which police must read to a suspect before questioning can occur
Criminal Proceedings; Due Process; Eminent Domain; Double Jeopardy; Protection from Self incrimination
The right to a Speedy Trial by jury, representation by an attorney for an accused person
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.
liberty v. order
debate between preservation of civil liberties or need for security; often used in gun control debates or arguments surrounding government surveillance of electronics
McDonald v. Chicago
The right of an individual to "keep and bear arms" protected by the 2nd Amendment is incorporated by the due process clause of the 14th Amendment and applies to the states.
Policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals.
Black Codes/Jim Crow Laws
Southern laws designed to restrict the rights of the newly freed black slaves
poll taxes and literacy tests
How Southern states got around the 15th Amendment, guaranteeing African-Americans the right to vote.
Democratic primary in the south that was limited to white people; ruled unconstitutional in Smith v. Allwright
Abolition of slavery w/o compensation for slave-owners
1) Citizenship for African Americans, 2) Repeal of 3/5 Compromise, 3) Denial of former confederate officials from holding national or state office, 4) Repudiate (reject) confederate debts
Citizens cannot be denied the right to vote because of race, color , or precious condition of servitude
Amendment to the U.S. Constitution (1920) extended the right to vote to women in federal or state elections.
Amendment to the U.S. Constitution (1964) eliminated the poll tax as a prerequisite to vote in national elections.
States cannot deny the right to vote based on age (18+)
Voting Rights Act of 1965
a policy designed to reduce the barriers to voting for those suffering discrimination.
Title IX of Education Act of 1972
Prohibited gender discrimination in federally subsidized education programs
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.
A policy designed to redress past discrimination against women and minority groups through measures to improve their economic and educational opportunities
Bakke v. Regents of the University of California
The Supreme Court upheld the university's use of race in its admissions decisions
The Court also found that Bakke, a white, should have been admitted to the university's medical school
THIS HOLDING BANNED THE USE OF RACIAL QUOTAS FOR ADMISSIONS.
numerical requirements for hiring, promoting, admitting and/or graduating members of a particular racial group; generally not allowed for admissions to college