60 terms

U.S. Government: Civil Rights and Civil Liberties

affirmative action
Preferential treatment given to historically underprivileged minorities.
Brown v. Board (of Education)
Sait that seperate schools are inherently unequal, overturning Plessy v. Ferguson and "seperate but equal"
civil rights
Protect the rights of groups. Traditionally said to be the subject of Amendments 9 and 10.
Civil Rights Act of 1964
Passed by the Johnson administration after the assasination of JFK and the Democratic landslide of 1964, it assued equality of opportunity in employment, public accomodations, voting, and schools
civil rights movement
A movement by African-Americans for integrated public facilities, the right to vote, and equal treatment involving nonviolent civil disobedience, a three part plan in the courts, and changing public opinion.
de facto segregation
Segregation that exists, but not under law. Ex. white flight and minority dominated communities
de jure segregation
Segregation by law.
14th Amendment
Guarunteed the freed slaves citizenship, equal protection, all privileges and immunities, and no removal of rights unless by due process of law. Basis for selective incorporation.
freedom rides
Interracial group testing desegregation law by attempting to travel in the South in the summer of 1961.
Martin Luther King, Jr.
Civil rights leader and head of the SCLC who used civil disobedience as his main tool.
Montgomery bus boycott
In 1955, Rosa Parks refuses to give up her seat and is arrested. The black community of Montgomery boycotts the buses and the Supreme Court eventually declares bus segregation unconstitutional.
A black interest group primarily active in the courts.
nonviolent civil disobedience
Peaceful violation of laws considered unjust and accepting punishment for the violation.
Plessy v. Ferguson
Upheld seperate facilities as long as they were equal in a case involviving a 1/8ths black man attempting to sit in the "whites only" section of a railroad car.
The government may treat some classes of people differently from others if the treatment is reasonable and not arbitrary.
Roe v. Wade
Declared state laws against abortion in the first trimester unconstitutional.
Evens in Greensborough and Montgomery where students sat at segregated lunch counters among violent crowds.
strict scrutiny
Some classifications are inherently suspect. The government must have a compelling public purpose to use this. Racial classification is reviewed this way.
Swann v. Charlotte-Mecklenberg Board of Education
Approved busing and redrawing district lines as means of integration.
Voting Rights Act of 1965
Outlawed discriminatory voting practices and authorized federal enforcement of voting.
Reed v. Reed
Concluded that gender discrimination violates the equal protection clause of the 14th Amendment.
Griswold v. Connecticut
Found a "right to privacy" in the Constitution that would prohibit any state law against selling contraceptives.
Planned Parenthood v. Casey
Reaffirmed Rov v. Wade but stated that there could be limits imposed on abortion as long as they did not cause undue burden on the mother.
Regents v. Bakke
Stated that the use of racial quotas by the University of California in admissions was unconstitution but diversity was a legitimate goal that could be pursued by taking race into account.
Grutter and Gratz v. Bollinger
Numerical benefits cannot be used to admit minorities, but race can be a plus factor.
Lawrence v. Texas
State law may not ban sexual relations between same-sex partners.
Boy Scouts of America v. Dale
A private organization may ban gays from its membership.
1st Amendment
Congress shall make no law 1) respecting an establishment of religion (establishment cluase) 2) or prohibiting the free excercise thereof (free-excercise clause) 3) or abridging the freedom of speech 4) or of the press 5) or of the right of the people to peaceably assemble 6)and to petition the Government
2nd Amendment
Militia is necessary; right ot bear arms
3rd Amendment
4th Amendment
Protects the right against unreasonable searches and seizures. States that no warrants shall be issued unless upon probable cause.
5th Amendment
No double jeopardy or self incrimination.
6th Amendment
Speedy and public trial, assistance of counsel for defense.
7th Amendment
Trial by Jury
8th Amendment
Cruel and unusal punishment
9th Amendment
There may be other rights, not specifically stated, included in the Constitution.
10th Amendment
Powers not dlegated to the United States by the Constitution are reserved to the States, respetively, or to the people
14th Amendment
Gave freedmen the rights of citizens. Privilieges and immunities, equal protection, and "due process clause." The basis for selective incorporation of he Bill of Rights
commercial speech
Corporations and organizations are treated as individuals under the 1st Amend., but their speech is subject to greater restrictions.
civil liberties
Patriot Act
prior restraint`
search warrent
symbolic speech
Gitlow v. New York
Palko v. Connecticut
fighting words
Collin v. Smith
Miller v. California
public figures
Schenck v. United States
Texas v. Johnson
Engel v. Vitale
Lemon v. Kurtzmann
Gideon v. Wainwright
Mapp. v. Ohio
Miranda v. Arizona
in good faith