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Civil Rights/Civil Liberties/Court Cases

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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