American Government Unit 3
Plessy vs. Ferguson
(1896) The Court ruled that segregation was not discriminatory (did not violate black civil rights under the Fourteenth Amendemnt) provide that blacks received accommodations equal to those of whites.
Limitations on the death penalty
*1976-supreme court ruled the death penalty does not violate eighth amendment and due process of 14th amendment -unconstitutional to execute someone with certain mental handicaps -unconstitutional to execute a minor
What is the process to amend the Constitution
-2/3 of house and senate need to approve -3/4 of states need to approve
Background of New Jersey v. TLO
-A 14-year-old freshman, TLO, was caught smoking in the bathroom -after she said she didn't do it, the vice principal searched her purse, and along with cigarettes, found rolling papers, marijuana, a pipe, plastic bags, money, and a notecard that said the kids who owed her money -TLO was charged as a juvenile, but claimed the evidence the vice principal found violated her fourth amendment rights because of unreasonable search since he did not have a warrant
Why did anti-federalists and others want a bill of rights?
-Constitution alone went against everything they had fought a revolution for -wanted Bill of rights to protect their rights -think federal gov is too strong and needs some restrictions
Historical Reasoning for the 2nd Amendment
-Debate between Federalist and anti-Federalist's, federalists: strong national government, anti-federalist: strong state government to create militias -compromise between all of the factions over the idea of gun control(strong national government, but can have militias to protect against federal government) -British try to take gun rights away from the colonists -protecting over tyranny -protecting land(keeping slaves in line) -compromise to make sure federal army doesn't get too strong -to avert the use of military at home -helps us understand modern-day controversy
Rawlings made recently regarding the second amendment
-District of Columbia vs. Heller * DC handgun ban break second amendment * it is ruled that the Second amendment is about self-defense, not just about creating militias
Establishment clause background
-England has an established religion and has the church of England -The intent of the establishment clause is to prevent an official national religion or show favoritism towards a specific religion
Griswold vs. Connecticut(1965)
-Estelle Griswold challenge an 1879 Connecticut law that prohibited the use of birth control or contraception -Connecticut law ruled unconstitutional as a violation of marital privacy(what happens between a married couple is private) -Bill of Rights create zones that establish a right to privacy(combination of first, third, fourth, fifth, and ninth amendments create a new constitutional right to privacy) *right to privacy incorporated to states through due process clause of 14th amendment
Roe vs Wade background
-Jane Roe(A pseudonym) challenged the constitutionality of a Texas law allowing abortions only to save a life of the mother
What is the position of the Antifederalists?
-Jefferson, George Mason, and Patrick Henry, most Americans who lived through Revolutionary War -strong local gov -states have most of the power
Background of the Tinker v Des Moines
-John Tinker, his sister Mary Beth, and Christopher Edwards planned a protest in school about the Vietnam war by wearing black armbands with white peace signs -Des Moines school district officials said that students could not do this and would suspend any student who worn arm band on December 16(they created a rule once they found out about it) -The fathers of the three students requested an injunction on the school districts actions, but both the District Court and appeals court sided with school officials
Gideon vs. Wainwright Background
-June 3, 1961-The pool room bar in Panama City, Florida was robbed of a small amount of money and alcohol(pocket change, small items) -Henry Cook claimed to witness Clarence Earl Gideon with the stolen items, and because Gideon was charged with burglary, robbery, and larceny in the past, he was quickly arrested and charged with breaking and entering and petty larceny -Gideon was unable to afford legal counsel, so he requested that the state of Florida provide him with an attorney, but he was denied. Representing himself, Gideon was convicted of both crimes and given a maximum sentence of five years -Gideon believed he had an unfair trial, so he went to the prison library and study the legal system -Jan 1962- Gideon wrote to us the Supreme Court pleading them in an appeal to hear his case, they accepted
Why did the Federalists believe that a Bill of Rights was not necessary?
-Madison doesn't understand the point of it -the Constitution says what the government can do, and if the government isn't directly given that power, they didn't have it -many states have a bill of rights of their own
Sixth amendment protection
-Right to counsel(Lawyer) -right to an unbiased Jury *A group of citizens that determines a guilt or innocent at the end of a trial -right to a speedy, public trial *Has to be written account of what occurs -Right to confront witnesses -right to know why you were arrested -court's help in obtaining friendly witnesses * The court is going to try and find witnesses that will testify against you and also help you and your lawyer find witnesses that will testify on your behalf
Why did the Supreme Court give school officials more freedom to conduct searches than the police have?
-School officials do not need probable cause, only a reasonableness requirement, schools have this requirement because what a student does in school could affect or violate rules or policies and affect the entire student body -School officials do not have time to get a warrant because the student may be able to hide the evidence during that time, so the school official has to have the reasonableness requirement that they believe evidence will show up in the search
Why are civil liberties advocates against law-enforcement using facial recognition technology?
-Technology is sometimes inaccurate and could lead to wrongful arrests, especially in people of color -it's an invasion of privacy and could be used for mass surveillance, which gives a lot of power to the government
rights of the accused
-The 4, 5, 6, and 8 amendment provide constitutional protections of the rights of the accused -when people are accused of a crime, they are protections for them from the government in order to protect their rights
Supreme court ruling in New Jersey v. TLO
-The Court ruled that the school's search of TLO was constitutional(New Jersey wins) -The court says that school administrators May search students without a warrant because the school needs to move fast and what a student does can impact other students -The schools only need a reasonableness requirement to search a student(reasonable cause)(rather than probable cause, which requires more evidence needed)
Miranda vs. Arizona background
-The Miranda case is a combined case of four separate cases: three state and one federal -In the federal case Ernesto Miranda was arrested at his Phoenix home and taken to the police station by two officers. after two hours of interrogation, Miranda signed a confession that he was guilty of kidnapping and rape. He was not told his right to an attorney or right to remain silent. -Miranda appealed his conviction and the case went to the Supreme Court. His appeal was based on the fifth amendment right of no self incrimination -The Supreme Court took the case in order to clarify problems from earlier decisions relating to the rights of people while in police custody
What is the Near vs. Minnesota case about?
-The Saturday press was going to publish a story about how the city of Minneapolis was under the control of a cadre of Jewish gangsters(The mayor and the chief of police) -City officials obtained an injunction to stop the publication and gave the Saturday press editors a chance to go in front of a judge to say the story was true -The judge filed an injunction and said that if the newspaper violated it, they would be punished for contempt of court -The newspaper countersued that their freedom of the press is violated. The Supreme Court agreed because free press is essential
Roe vs. Wade supreme court ruling
-The Supreme Court ruled 7-2 in favor of Roe -A woman's right to an abortion fell within the right to privacy recognize in Griswold vs. Connecticut and protected by the due process clause in the 14th amendment -Texas law was unconstitutional
Supreme court ruling in Tinker vs. Des Moines
-The Supreme Court ruled 7-2 that this form of expression was protected by the first amendment -no evidence was found of the students harming anyone else or disrupting learning, so the protest was allowed -no general policy existed against wearing controversial or political symbols at this time so the black armbands are allowed in the court's eyes -they use armbands as a form of political speech because they were speaking out against government action in the Vietnam war
Why do people fear that the US could become a surveillance state with facial recognition technology?
-The US uses this technology to keep a close watch over citizens -it happened in China where they track religious groups and political opponents * The surveillance but also go against peoples freedom of speech because people may not go to protests in fear of being watched
Supreme court decision in Hazelwood vs. Kuhlmeier
-The court ruled 5-3 against the student editors -The court's opinion states that the rights of kids in public schools are not the same as adults in other settings, so schools can refuse to publish student work -since the newspaper is a part of the school curriculum, the school can monitor what the students say(can not have political or personal opinion) -School newspapers are not the press, so they can be censored
Miranda vs. Arizona supreme court ruling
-The court ruled 5-4 that Miranda's conviction should be overturned(Miranda won) -The case states that a prosecutor cannot interrogate a person in custody unless they are effective safeguards to protect the person against self-incrimination -procedural safeguards must be used in order to protect the accused fifth amendment rights, The suspect must be worn before interrogation of his right to remain silent, anything he says maybe use against him in a court of law, he has the right to the presence of an attorney, and that if you cannot afford one, one will be appointed to him -once this one is a given, the suspect may stop answering questions, halt the interrogation in order to wait for an attorney, or waive his exercise of these rights -The Miranda case only have to deal with interrogations
Background of Hazelwood vs. Kuhlmeier
-The principal of Hazelwood East high school said that an article about girls' experiences with pregnancy and an article about a girl's experience with divorce was not allowed in the Spectrum(School newspaper) -The 3 student editors of the Spectrum filed a suit against the principal and the school district because his actions violated their first amendment right -A federal district court judge ruled against the students, but the appeals court sided with the students
How is the tinker case different than the Hazelwood case?
-The students in the tinker case were using political speech that was protected by the Bill of Rights, while the Hazelwood case had content that dealt with the schools curriculum, so the school was able to control what was published in the paper -The tinker case took place with a bigger picture outside of school, while the Hazelwood case took place in a school setting.
Whose interests were in conflict in the Tinker case?
-The students' interests -The students wanted to wear black armbands in protest of the Vietnam war, but the school would not let them -The students (Tinker) ended up winning the Supreme Court case
Why are the bill of rights written in plain language?
-This is a document for the people, the framers want to make sure that the people understood their rights and are able to participate in their own democracy -it came from the people -written in crisp, compact language so that ordinary people could actually memorize it
Constitutional issue in Tinker vs. Des Moines
-Was wearing armbands as a form of political protest in public schools protected by the first amendment guarantee of freedom of speech? -is a public schools policy preventing symbolic protest violate the students first amendment?
Equal protection clause
-Works to guarantee all citizens have equal protection of the laws and groups treated equally(used for ensuring civil rights)
The bill of rights originally limited which level of gov?
-a lot of the proposed amendments from the states weakened the national government -Madison wants to only protect individual rights in the Bill of Rights (first Congress passes 12 of the 19 amendments, Senate was not ready to take on the states requests until 77 years later) -first two amendments don't make it
What reason did the court give for allowing school officials to censor the school newspaper?
-a school newspaper is not a "forum for public expression", so the School had the right to say what will or will not be published in the school paper -Hazelwood school district won the case in the Supreme Court
What role did Madison play in proposing and categorizing the amendments for the bill of rights
-didn't think it was necessary, but made a congress campaign promise about it -proposed it in New York after he was elected -picks 19 amendments out of the 200 made bc he wanted to only protect individual rights and not damage the Constitution
Constitutional issue in Hazelwood vs. Kuhlmeier
-does the first amendment guarantee of freedom of press prevent school administrators from regulating student speech in school sponsored publications, such as newspapers or yearbooks?
Gideon vs. Wainwright constitutional issue
-does the sixth amendment requires states to provide criminal defendants a right to trial?
14th amendment
-guaranteed citizenship to all persons born in the US, gave all citizens the right to due process and equal protection under the law, led to the incorporation of the bill of rights to the states through the due process clause
Laws the federal government has regulating the manufacturing, trading, and possession of guns
-gun control act of 1968: all citizens and legal residents must be 18 to buy ammo, shotguns, rifles. Must be 21 to buy other firearms -background checks when purchasing firearms -States have their own gun laws and limits that can be overturned by supreme court
What are some legal examples of religion in public space?
-having chaplains open legislative sessions (because it is tradition) -decorating a public space with a nativity scene -having a 10 Commandments Monument At a State capital as long as there are other non-religious monuments
Gideon vs. Wainwright supreme court ruling
-in 1963, the court voted 9-0 in Gideon's favor(it overturn the 1942 case Betts vs. Brady -States are now required to provide free legal counsel to indigent defendants charged with any serious crime, not just capital offenses(as stated in previous laws) -supreme court ruled that the due process clause of the 14th amendment requires states to follow the bill of rights. Gideon must have been provided a lawyer in his trial. States have to follow the sixth amendment.
Implications of Roe vs. Wade
-in future supreme court cases, states may place reasonable limits on an abortion as long as they do not cause an undue burden -Trump administration appointees were asked if they would vote to overturn Roe vs. Wade(judiciary) to make abortion illegal -A moral decision vs. a legal constitutional decision(Societal)
Why should law enforcement be able to use facial recognition technology?
-keeps people safe because it is powerful and efficient -can be used to help find missing people -secures airports and borders installations -saves time -make some unsolvable cases solvable
Miranda rule
-protects against self-incrimination -right to a lawyer -supreme court allows a public safety exception -not a legal law, just from a Supreme Court decision(stare decisis)
Why can't a Soccer coach for a public school lead a prayer before game even if he excludes people who would like to be excluded?
-public school, so led by government -coach is an employee of the school, so he works for the government -The prayer promotes one religion: Christianity("God")(shows favoritism) -although the students could leave, they would probably be pressured to stay
Fifth Amendment Protections
-right to a grand jury *determines whether criminal charges should be filed against a suspect, grand jury determines whether charges are filed -eminent domain *Government must compensate for land it takes from private citizen -double Jeopardy * cannot be charged for the same crime twice, if the jury says you're innocent, you can't be charged for the same crime again -due process *guarantee that a person has the right to the fair application of law -no self-incrimination *you are not forced to testify against yourself if accused, I plead the fifth, you don't have to give away info that could incriminate yourself
What does it mean to be a "person" under the Constitution?
-someone who has fundamental rights that needs to be protected -A person is able to fully express all the rights given to them in the constitution if it is appropriately expressed and does not harm anything
What is the position of the Federalists?
-strong national gov that would have power over the states -the gov needs to make sure the states don't abuse their rights -Washington, Hamilton and James Madison
What is Selective incorporation?
-supposedly reserves more power to the states -each of the rights and liberties in the Bill of Rights had to be incorporated against the states on a case-by-case basis -if people felt as if states were violating their liberties, they had to go to the Supreme Court, which by now has incorporated almost every clause of the Bill of Rights against the states
What are some examples of legal religion in schools?
-using public funds to buy supplies for religion schools -using public funds to provide tuition for students to attend religion schools(A voucher)
Heart of Atlanta Motel v. US
1964, Businesses can't discriminate against blacks or women when providing goods and services.
Affirmative Action
A policy designed to redress past discrimination against women and minority groups through measures to improve their economic and educational opportunities
Exclusionary rule
A requirement that any evidence found during any illegal search/seizure cannot be used to try someone for a crime -law-enforcement may not follow the rules above(intentionally or unintentionally), but this rule is needed to protect peoples rights -not in the fourth amendment -always exceptions, for example, in a car
Why did the vice principal search TLO's purse?
A teacher had caught her smoking in the bathroom and the vice principal was looking for the cigarettes
The Supreme Court ruled that the standard for libel of a public figure is ______ ______.
Actual malice -in order to win, you must prove that the publisher of the libelous statement knew that the statement was false and acted with reckless disregard for the truth
Commercial speech
Advertisements and commercials for products and services; they receive less First Amendment protection, primarily to discourage false and misleading ads.
What articles were taken out of the Spectrum by the principal?
An article about girls experiences with pregnancy and an article about a teen's experience with their parents divorce
Civil liberties are contained in the ____ ____ _____, which is a name that we give to the first ___ ________. The ___ amendment is included to remind us that the list of liberties and/or rights in isn't exhaustive. There might be other rights out there, but the Constitution doesn't specifically ___ ____ ___ ______.
Bill of Rights, 10 amendments, 9, say what they are
The main thing to know about the first amendment and the press is that it prevents the government from _____ ____ ______
Censoring the press -preventing the press from publishing some information in the first place or after the news has already published the story
Punishment definition and examples
Consequence -incarceration, house arrest, mandated rehab
civil rights
Curbs on the power of majorities to make decisions that would benefit some at the expense of others -guarantees of equal citizenship, citizens are protected by discrimination by majorities
"Cruel and unusual"
Deliberately degrading or too severe for the crime committed
Civil Rights Act of 1964
Discrimination based on sex, race color, sex is illegal, public places can't discriminate
Roe vs. Wade constitutional issue
Does the constitution provide a woman's right to an abortion under a right to privacy?
Constitutional issue in New Jersey v. TLO
Does the fourth amendment requires schools to have search warrants and probable cause in order to search students?
What is meant by every American being granted "dual citizenship"? How did it relate to the Constitution prior to the 14th amendment?
Dual citizenship: you are a citizen of the US and of the state, but the Constitution only protects you from the federal gov after the 14th amendment, people have to keep their life, liberty, and property and no state gov can take these away, so now people are protected from abuse of their natural rights from both govs -states can't deny equal protection, civil rights, or due process
Two constitutional clauses from the 14th amendment
Due process and equal protection
Voting Rights Act of 1965
Eliminates barriers(literacy tests) to voting
24th amendment
Ends poll taxes
What 2 fundamental guarantees of religious freedom does the first amendment give?
Establishment clause and the free exercise clause
Amendment #1
Freedom of Religion, Speech, Press, Assembly, and Petition
19th amendment
Gave women the right to vote
Free exercise clause
Gives you the right to believe but not the right to always act upon that belief -this clause guarantees each person to believe what they want -religion cannot make an act legal when otherwise it would be illegal -Government can act when religious practices violate criminal laws, offend public morals, or threaten community safety
Matthew Shepard Act
Hate Crimes Prevention Act
What does the Bill of Rights protect?
Individual freedoms, freedoms are liberties
What biases exist with using facial recognition technology?
It is easier for facial recognition systems to identify white men's faces rather than dark skinned or female faces
Segregation
Keeping things or people separate
Warrant
Legal document that authorizes a search of property based on probable cause -search warrant verified by a judge
Civil Liberties
Limitations placed on the government -there are things the government can't do that interfere with your personal freedoms -freedoms that are designed to protect the people for abuses of the government, found in the Bill of Rights
Fines
Money paid as a consequence
Bail
Money paid to the court to guarantee the accused appears in court -fifth and sixth, rights of the accused
Amendment #8
No excessive bail, no cruel and unusual punishment
What does the fifth amendment guarantee?
No person can be compelled to self incriminate themselves/be a witness against himself
Amendment #9
People have rights that are not mentioned in the Constitution (non-enumerated rights)
Due process
People have the right to be treated fairly by the government -there are two kinds: what a law actually says and how laws are enforced -what a law says: laws must be fair and reasonable, government cannot pass laws that unfairly limit peoples natural rights -how laws are enforced: Government officials must follow certain rules and procedures when they enforce laws, they cannot take away or limit someone's natural rights without following those rules
General categories of speech
Political speech, commercial speech, and symbolic speech
Amendment #10
Powers Reserved to the States
Where did the phrase " Wall of separation between church and state" originate?
Pres Thomas Jefferson wrote to the Baptists in Danbury, Connecticut that the federal government would not interfere with their church and that the First Amendment build this wall -often misinterpreted as bill of rights, but not actually in Bill of rights
Censorship of the press before a story is published in print, broadcast on television, radio or the Internet, is called _____ _______, and the Supreme Court ruled that it was not allowed in a case called Near vs. Minnesota
Prior restraint
Title IX of Education Act of 1972
Prohibited gender discrimination in federally funded education programs
Establishment clause
Prohibits creating a national religion or favoritism towards a religion -division of religion and government/church and state
Free exercise clause
Prohibits the government from limiting how do you practice your religion
Due process clause
Protects against all governments from denying liberties found in the Bill of Rights(used to ensure our civil liberties)
Amendment #4
Protects against unreasonable search and seizure
What does the court mean by "custodial interrogation"?
Questioning done by law enforcement officers after a person is taken into custody or deprived of their freedom in any significant way, but not as a witness in a court room
Amendment #3
Right to No quartering of soldiers
Amendment #6
Right to a speedy, fair trial
Amendment #7
Right to a trial by jury in civil cases
Amendment #2
Right to bear arms
Amendment #5
Right to due process of the law in criminal cases
Brown vs. Board of Education
Segregation in schools is illegal(separate but equal is not equal)
Unprotected speech types
Slander and libel
Militia
Small, locally based non-professional military
What's the difference between substantive liberties and procedural liberties?
Substantive liberties: limits on what the government can do Procedural liberties:limits on how the gov can act
American democracy relies on its citizens having enough information to make good decisions and hold elected officials accountable. We rely on the press to ___ ___ ___ ___ ______ __ _____ So that we can decide whether or not we want to let them keep doing it
Tell us what the government is doing
The right to Privacy
The Bill of Rights does not specifically grant a right to privacy -it had to be created by supreme court decisions(not an expressed civil liberty there)
What does the 14th amendment include?
The due process clause and the equal protection clause
Equal protection
The government must protect people equally(under the 14th amendment) -no unreasonable discrimination by the government -if a law treats one group of people differently, the government must prove there's a good reason for it
What criteria did the coercion test create to find violations of the establishment clause?
The government violates the establishment clause if it: 1. provides direct aid to religion in a way that would tend to establish a state church 2. coerces people to support or participate in religion against their will
What criteria did the lemon test create to find violation of the establishment clause?
The lemon test must set three rules for laws to be constitutional 1. The law must have a primary secular purpose 2. its principal effect can neither aide nor hurt religion(religious neutrality) 3. Government and religion cannot be excessively entangled
What do the fifth and sixth amendments protect?
The rights of the accused -they protect civil liberties of those who has been convicted but not arrested
Which level of government was limited by the passage of the 14th amendment in 1868?
The state government
Symbolic speech
The use of nonverbal communication to make a message
Why is national security an exception to the absolute protection of a Free Press?
There are some national security issues that are so important that the government is allowed to censor the press before they can print stories -Printing accurate troop movements during a war is dangerous because this would help the enemy
Probable cause
There is enough evidence to justify obtaining a search warrant - police needs this to justify obtaining a search warrant
What must police do to conduct a lawful search under the fourth amendment?
They must have probable cause, which is enough evidence to prove that they need to search because they will probably find something important to the case
Political Speech
To Speak out against a government action
Search
To look; items in plain sight can be taken without a warrant -if police need to search(The item they are looking for is not in plain sight), they need a warrant
What were the Bill of Rights originally intended for?
To protect citizens civil liberties from the federal government
Slander
To say intentionally harmful and false things about others
Seizure
To take away someone's property as evidence
Libel
To write intentionally harmful and false things about others
Going all the way back to the framers, Americans have been concerned about a ____ ___________ ______ taking away citizens' freedoms
Too powerful government -liberties apply mostly to citizens, but some to non-citizens too
The more you're concerned about _________, The freer you want speech and the press to be
Tyranny
Miranda vs. Arizona constitutional issue
Under what circumstances may interrogation take place that will produce a confession constitutionally admissible in a court of law?
If a newspaper print something that is _______ about the government, more practically, about a government official, there's a remedy for this. The person or agency about whom the untrue thing was said, or written and published, can sue the publisher for ______, and if he proves his case, can get _________ ______
Untrue, liable, monetary damages
Protecting civil liberties requires _______ citizens to be aware of the ways their government is overstepping its bounds. It's also vital that out majority pay attention to the ____ ____ ___ ______, and that we ensure that everyone is afforded the same protections and benefits promised by our system of law.
Vigilant, civil rights of others
What kind of questioning does the Miranda decision allow?
Voluntary statements, but there must be a lawyer present -A convicted felon needs to be told their rights before they speak
What question does the eighth amendment answer?
What happens after an accused person is found guilty?
In what circumstances is the right of free expression in schools not absolute?
When the expression being done could harm others or disrupt the learning environment
Impact of the 14th amendment
While the bill of rights was originally intended to keep the federal government in line, the addition of the 14th amendment keeps both the federal and state governments in line
Citizens need a Free Press to be able to ________ ___ ______ and to expose government wrongdoing because otherwise the government can____ ____ ___
criticize the government, get away with -spying on us -The press should be able to protect us over an overreaching government
Desegregation/integration
the mixing of groups of people
