Exam 3 Study Guide

*Matching Section* What are the civil rights amendments and what did each do?

*13th Amendment:* Abolished Slavery *14th Amendment:* Citizenship, Due Process, and Equal Protection of the Law *15th Amendment:* no prohibition on the right to *vote based on race*. *19th Amendment:* no prohibition on the right to *vote based on gender*. *24th:* Abolished the poll tax. *26th:* Lowered national voting age to 18

What occurred during the *second wave* of the women's rights movement? What was the goal of the second wave?

*19th Amendment:* established women's right to vote In second wave, women were focused on acquiring multiple rights: *social, economic and political* status of women they recognized there was discrimination in: employment opportunities, educational opportunities, and pay

What do affirmative action policies *NOT require*?

*Affirmative Action DOES NOT Require:* - organizations to *hire unqualified candidates* or the hiring of a qualified minority candidate over a qualified non minority candidate

Based on information provided in your textbook, what do affirmative action policies typically require? (pg 179)

*Affirmative Action Requires:* 1. that employers receiving federal $$ take affirmative action to ensure that their hiring and employment practices are *free of racial, religious, and gender discrimination* 2. that an organization makes intentional efforts to *diversify its workforce* by providing equal opportunity to classes of people that have been historically subject to discrimination

What is affirmative action?

*Affirmative Action:* Intentionally promoting diversity when hiring people

What is bail? Is there an absolute right to bail in all cases? What standard is used to determine if bail is "excessive?" How might the current bail system be discriminatory against the poor?

*Bail:* Bail is the amount of $$ defendants must post to be released from custody until their trial. The Court has ruled that there is *no absolute right to bail*. Generally, bail set at a figure higher than an amount reasonably calculated to ensure the defendant will appear for trial is considered *"excessive"* under the Eighth Amendment.

What are civil rights? What idea are civil rights based upon?

*Civil Rights:* Our guaranteed rights and privileges under the *equal protection clause* and the *due process clauses* of the Fifth and Fourteenth Amendments. Civil rights are based on the idea that individuals should be *protected against discrimination based on inherent characteristics*.

What is *eminent domain*? - What *requirements* must the state adhere to in order to legally exercise eminent domain? - How did the Court expand the meaning of "public use" in Kelo v New London, Connecticut (2005)?

*Eminent domain* is the seizure of private property by the state for public use. For the state to legally exercise eminent domain under the Fifth Amendment: - They can only seize private private property for *legitimate public use*. - They must provide a *fair compensation* to the owner of the property. In Kelo v City of New London, Connecticut (2005) ruled that the government may legally use eminent domain for *economic development purposes* that provide a public benefit.

What is a hate crime? Overall, have hate crimes increased or decreased in recent years? Have the number of hate crimes based on sexual identity increased or decreased?

*Hate Crime:* a crime committed against a person, property, or a society in which the offender is *motivated* by his or her *bias against the victim* because of the victim's *race, religion, disability, sexual orientation or ethnicity* *decreased overall* *increased* based on sexual identity

What test is used by the courts when reviewing laws that treat men and women differently? Is this test stronger or weaker than the one used to review suspect classifications? What must the gov. prove to be able to engage in gender-based discrimination?

*Heightened Scrutiny Test* (Intermediate Scrutiny) weaker Gov must prove that: the gender discrimination is *substantially related* to the achievement of an *important* public interest.

Know the constitutional requirements and terms of office for both congressional chambers.

*House:* - 25 years of age, 7 years of citizenship, state resident - Serve 2 year terms *Senate:* - 30 years of age, 9 years of citizenship, state resident - Serve 6 year terms

What is impeachment power? What role does the House perform (and vote required) during the impeachment process? What role does the Senate perform (and vote required) during the impeachment process?

*Impeachment power:* the constitutional authority of the House to *charge* the President, Vice President, and other "civil officers" *with "high crimes and misdemeanors"* House: - levies (imposes) impeachment charges via *majority* vote Senate: - *conducts trial* of impeached official; *2/3 vote* required for conviction

What occurred during the *first wave* of the women's rights movement? What was the movement's initial focus? What was the most significant accomplishment of this focus? What social norms limited the rights of women during this time?

*Initial focus:* women's right to vote *most significant accomplishment:* They had a meeting at Senaca Falls to talk about the *lack of legal rights for women*. At the end of the convention, they signed the *Declaration of Sentiments* (*sig. accomplishment*), which listed the many rights and opportunities the law did not guarantee women. In this wave, *voting rights for women were left up to the states.*

What was the importance of the *Lawrence v Texas (2003)* and *Obergefell v Hodges (2015)* decisions to the LGBT community?

*Lawrence v Texas* established *sexual privacy* - LGBTQ advocates hoped this would lead to federal protections of LGBTQ citizens' rights *Gay marriage was legalized* in the *Obergefell v Hodges* case (protected right to marry as a fundamental liberty)

What was the significance of the Court's decision in *Plessy v Ferguson* (1896)? What was the *separate but equal doctrine*, and how did this doctrine *distort the purpose* of the equal protection clause of the Fourteenth Amendment?

*Plessy v Ferguson*: 1896 supreme court ruling creating the *separate but equal doctrine* *separate but equal doctrine:* established by supreme court in Plessy v. Ferguson, it said that *separate but equal facilities* for whites and non-whites *do not violate the 14th amendment* clause

What is the general purpose of the Ninth Amendment? (Lecture)

*Purpose:* This amendment *reserves all rights not listed in the Constitution* to the people

What test is used when reviewing laws that treat people differently based on suspect classifications? What are suspect classifications? What must the government prove to be able to legally discriminate against members of a suspect class? Can the government typically meet this burden?

*Strict Scrutiny Test* *Suspect Class:* A class of individuals that have been historically discriminated against. This classification includes *race, ethnicity and religion*. Gov. must prove that: the discrimination based on suspect classes is a *necessary* means to achieve a *compelling* public interest. Discrimination against suspect classes is *rarely found to be constitutional.*

Which chamber is considered "the peoples' chamber," and why?

*The House* is because each representative is elected by a district in their state and their term only lasts 2 years, so the people have more control over it.

Which chamber is based on equal representation? How many U.S. Senators does each state have?

*The Senate* 2 senators per state

Which chamber is constitutionally empowered to confirm all key presidential appointments? What vote is required for confirmation? Which chamber is constitutionally empowered to ratify all treaties? What vote is required for ratification?

*The Senate* confirming key *presidential appointments*: - requires *majority* vote *ratifying treaties:* - requires *2/3 vote*

Organized and promoted by groups such as the NAACP, the SNCC, CORE and the SCLC, what *strategies* were employed during the civil rights movement to *advance civil rights for African Americans*?

*non-violent direct action strategies* these groups emphasized building *leadership skills* of African American citizens and emphasized *voter registration and education*

*Right to Counsel*: Know and understand the significance of the *Gideon v Wainwright (1963)* decision. Based on this decision, when must the state provide counsel for defendant? How was the right to an attorney expanded by the *Escobedo v Illinois (1964)*?

- Affords the accused the constitutional *right to an attorney* for their defense. - In Gideon v Wainright (1963) the Court ruled that the state *must provide an attorney to defendants* charged with a serious offense (felony) *Right to counsel* was established in Escobedo v Illinois

What is double jeopardy? When does double jeopardy protection apply? When does it not?

- If a person is tried with a verdict of NOT GUILTY, they CANNOT be retried for the same offense. - Double jeopardy protection does not extend to mistrials, hung juries, or convictions overturned on appeal. innocent = CANNOT be retried guilty = CAN be retried

How has the Court ruled on the application of the death penalty to the mentally retarded? To minors? What does evidence reveal regarding racial bias and the death penalty?

- In *Atkins v. Virginia (2002)* the Court held that it is a violation of the 8th Amendment ban on cruel unusual punishment to execute death row inmates with *mental retardation*. - The United States Supreme Court ruled in *Roper v. Simmons (2005)* that the death penalty for those who had committed their crimes at *under 18* was cruel and unusual punishment and hence unconstitutional More African Americans are given the death penalty than whites

What has the Court ruled regarding the constitutionality of the death penalty? How does the court determine if the method of execution is in violation of the Eighth Amendent?

- The Court ruled in Gregg v Georgia (1978) that the punishment of death was NOT a violation of the 8th Amendment. However, the *method of execution* could be found to be *unconstitutional if* it "inflicted *torture or a lingering death."* the Court has emphasized that the 8th Amendment *forbids "inhumane and barbarous"* methods of execution - More recently, in Glossip v Gross (2015) the Court in ruled that the use of *lethal injection* was NOT cruel and unusual punishment

What has occurred during the *third wave* of the women's rights movement? What has been its primary focus? How do third wave feminists view the impact of intersectionality on discrimination?

- realized there was unequal pay, sexual harassment, and the glass ceiling *primary focus:* differences in race, class, sexual orientation, gender identity, ethnicity, and religion Low-income and working-class women of all ethnicities seek solutions to problems like affordable child and health care. Lesbian, bisexual, and transgendered women are examining the *intersection* between *gender discrimination and oppression* based on their *sexual identity*.

What standards have been used by the Court to define "cruel and unusual punishment?"

1. *Criminal Sentence must be Proportionate to the crime:* 2. *Must Uphold Evolving Standards of Decency*

What rights are afforded under the Fourteenth Amendment? What is the primary purpose of the Equal Protection Clause of the Fourteenth Amendment?

1. *citizenship* for any person naturalized or born in the U.S. 2. *protects fundamental rights* of individual citizens and restrains state efforts to discriminate against out-of-state citizens. 3. The Fifth Amendment prohibits the federal government from depriving anyone of "life, liberty or property without *due process* of law." The Fourteenth Amendment prohibits the *states* from doing the same. 4. *equal protection clause*: states must treat all persons in an equal manner, and may not discriminate unreasonably against a particular group unless there is a sufficient reason to do so.

Know the key clauses and protections *(6)* in the Sixth Amendment. Be able to recognize examples of each. Know all the information about each of these clauses and how they have been interpreted by the Court, as provided in lecture and in pages 138-140.

1. Right to a Speedy and Public Trial 2. Right to an Impartial Jury 3. Right to be Informed 4. Right to Confront Witnesses 5. Right to Compulsory Process 6. Right to Counsel

What three tests do the courts use to determine if our civil rights have been violated? Which test is considered the highest standard of review that can be used by the Court? (pp 152-153)

1. Strict Scrutiny 2. Heightened Scrutiny 3. Ordinary Scrutiny highest standard of review? Strict Scrutiny

Know the purposes of the Eighth Amendment. (Lecture and pp 139-140)

1. To Protect Against Excessive Bail or Fines 2. To Protect Against Cruel and Unusual Punishment

What have been the four primary approaches to address to *address illegal immigration* in America (according to your textbook)?

1. implementing *mass deportations* 2. *offering pathways to citizenship* for families with children born in U.S. 3. providing *temporary reprieves* from deportation without a pathway to citizenship (*greencards*) 4. providing *refugee status* to unaccompanied *minors* fleeing their home countries

What percent of the U.S. population is of Asian descent?

6%

What does the prohibition against self-incrimination protect? Know the significance of the Court's decision in Miranda v Arizona (1966). What are Miranda Rights? (pg 139)

A cornerstone of the adversarial system of justice: Defendants cannot be compelled to incriminate themselves --- i.e. testify against themselves, either to police or in court. *Miranda v Arizona* (1965) and the Miranda Rule: - You have the *right to remain silent*. - If you give up the right to remain silent, anything you say can and will be used against you in a court of law. - You have the *right to an attorney*. If you desire an attorney and cannot afford one, an attorney will be obtained for you before police questioning.

What constitutional right was established in Roe v Wade (1973)? May states pass laws which impose an undue burden on women seeking abortion?

Abortion *****

Know and understand each of the advantages that incumbents typically have over challengers in congressional elections. (Lecture and pages 373-375 and 379-381)

Advantages incumbents have: 1. Stronger name recognition 2. Easier access to media coverage 3. Redistricting that favors the incumbent party 4. Franking 5. Campaign contributions 6. Casework

What types of equality do most Americans support? What type of equality do most Americans reject, and why?

Americans typically support government efforts to promote and protect *political equality, legal equality, and equality of opportunity.* However, Americans typically reject government efforts to establish *equality of outcome*.

What are unenumerated rights?

An *unenumerated right* is a fundamental right not listed in the Constitution

How do Asian Americans compare to other racial/ethnic groups in America in terms of medium income and educational attainment?

Asians have the *highest median income* and are twice as likely to earn a Bachelor's degree or higher

From what areas of the world do *Latinos* in America descend? What percent of the U.S. population is of Hispanic descent? Are most Latinos in America natural born citizens or new immigrants?

Central America, South America, and the Caribbean 17% of U.S. population natural born citizens

From which country do the largest percentage of Asian Americans originate?

China

*Right to Compulsory Process:* To what does this entitle the accused?

Entitles the accused to the *same privileges afforded the prosecution*, in particular to *supeana* favorable witnesses.

What strides were made for the civil rights of African-Americans during the Reconstruction Era? Generally speaking, did Congress attempt to solidify the rights of African-Americans during this era?

Freed African Americans were able to *advocate in the gov, vote, and be elected* into offices Yes, congress did.

What is the purpose of a Grand Jury? In what way does a grand jury protect us?

Grand juries determine if the state has enough evidence to justify a trial.

What is the membership size of each chamber?

House: 435 members Senate: 100 members

Based on the outcome of the 2018 election, which political party currently holds a majority of seats in the U.S. House? In the U.S. Senate?

House: Democrats Senate: Republicans

In *Griswold v Connecticut (1965)* what constitutional interpretation was used by Justice William O. Douglas to find a right to privacy in the Constitution? (pp 134-135) Upon what legal bases did concurring Justices in Griswold suggest the right to privacy be based?

Justice William O. Douglas argued that a *zone of privacy* surrounded every person in the U.S. and that government could not pass laws that encroached upon this zone. The Court argued that the *right to privacy is inherent* within many constitutional guarantees: - *1st Amendment*: freedom of association - *3rd Amendment*: right to be free from quartering of soldiers - *4th Amendment*: right to be free from unreasonable searches or seizures - *5th Amendment*: protection against self-incrimination - *9th Amendment*: assurance of rights not explicitly listed in the the Bill of Rights

What were Black Codes?

Laws passed immediately after the Civil War by the confederate states that *limited the rights of "freemen"* (former slaves).

What was the Emancipation Proclamation?

Lincoln's 1863 declaration freeing slaves in the Confederacy

What began to happen to the rights of African-Americans in the aftermath of the Reconstruction Era (i.e. circa 1877)?

Most that happened in the Reconstruction era was *undone* for African Americans *Segregation laws were enacted*

*Were treaties* made by the federal government with Native American tribes *upheld*?

No

Are our civil rights absolute? (pg 152)

No

Does federal law currently prohibit LGBT-based discrimination?

No

Speedy and Public Trial by Impartial Jury: Has the Supreme Court set a specific time limit that defines "speedy?" What is the general definition of an impartial jury?

No. It simply must be in a reasonable timeframe. *Impartial Jury:* A jury that hears a case with no prejudice and will give a fair verdict.

What is the *weakest test* used by the courts to determine if a discriminatory act of government is constitutional? When is this test typically applied? What must the government prove to be able to engage in discriminatory action under this test?

Ordinary Scrutiny Test (Rational Scrutiny) is applied when government actions are NOT directed against suspect classes or are based on gender. Usually applied for discrimination against *age* Under the ordinary scrutiny test, the gov needs to prove that its discriminatory treatment of individuals is a *rational means to achieve a legitimate public interest. *

Where must revenue bills originate?

Revenue bills originate in the House of Representatives.

What form of privacy was afforded constitutional protection in Lawrence v Texas (2003)?

Sexual Conduct Between Consenting Adults

Know the key clauses and protections in the Fifth Amendment, as explained in lecture and in pages 138-139. Know how these clauses have been interpreted by the Court.

The *5th amendment* prohibits *double jeopardy* and compelled *self-incrimination* *key protection:* - protection of individuals against abuses of power by the state *Miranda rights:* a criminal procedural rule, established in the 1966 case Miranda v. Arizona, requiring police to inform criminal suspects, on their arrest, of their legal rights (*right to remain silent, right to counsel*)

The *6th amendment* establishes rights to:

The *6th amendment* establishes rights to: - a *speedy and public trial* - a trial by a jury of one's peers - to information about the charges against oneself - to the confrontation of witnesses testifying against oneself - to *legal counsel*

What is the general purpose of the Due Process Clause of the Fifth Amendment? - What is procedural due process? - What is substantive due process?

The 5th amendment tells the federal government that no one shall be "deprived of life, liberty or property without *due process* of law." - *Procedural Due Process* requires that the state correctly follow established *procedures* under the law. - *Substantive Due Process* requires that the law and legal procedures be *fair*.

What primary power is vested to Congress? What is bicameralism?

The Constitution vests *legislative power* (the power to make law) to Congress. The U.S. Congress is a *bicameral institution*, consisting of *2 chambers:* the *House* of Representatives and the *Senate*

Right to be Informed: To what do defendants have the right to be informed?

The accused has the right to be informed of *what law he has violated and what he did to violate that law. *

What was the Equal Pay Act?

The result of petitions, threats of legal action and strikes. In 1963 the Act established the principle of equal pay for women doing the same job as men. There were still many exceptions.

What were Jim Crow laws?

They were laws that *enforced segregation*

In elections, who is the incumbent? Who is the challenger? In congressional elections, who is more likely to win, the incumbent or the challenger?

incumbent: person who already holds office challenger: person who is challenging the incumbent the incumbent is more likely to win

Relatedly, what are inherent characteristics? (pg 151)

individual attributes such as race, national origin, religion, and sex

How does the Civil Rights Act of 1964 advance and protect civil rights?

it *mandates equality* on numerous fronts. It bars government agencies from discriminating and allows the federal gov to *sue to desegregate public schools*

How did Title IX amend the Civil Rights Act of 1964?

it provides equal protection of the law for women

Is Hispanic voter turnout typically higher or lower than turnout for whites and African Americans?

lower

Do most criminal charges actually result in trials?

no

Is there a constitutionally-protected right to practice doctor-assisted suicide?

no

Which chamber is based on proportional representation (and what does proportional representation mean)? What is reapportionment? How often must reapportionment take place?

proportional representation: *House* *Reapportionment:* The reallocation of seats in the U.S. House to each state based on changes in state populations Reapportionment of House seats takes place *every 10 years*.

What is the purpose of the Voting Rights Act of 1965?

protected the voting rights of African Americans

What is *de facto segregation*, and which *region* was this form more regularly practiced?

segregation maintained by practice North

What is *de jure segregation*, and in which *region* of the country was this the norm?

segregation mandated by law South

What was the significance of the Supreme Court's decision in Dred Scott v Sandford (1857)?

the court was NOT in his favor, claiming he *wasn't a citizen* because he was black and he didn't have the legal right to bring a lawsuit to court consequences: "it was pivotal for *mobilizing the abolitionist movement* and swaying public opinion *in favor of the war*"

What is intersectionality?

the experience of *multiple forms of oppression* (based on race, gender, class, sexual orientation, or sexual identity) *simultaneously*

• What is the franking privilege?

the privilege of *sending mail free of charge* by members of Congress

What is civil disobedience?

the refusal to obey unjust laws

What rules do the Fifth and Sixth Amendments generally establish? (pg 138)

the rules for conducting a trial

Understand how the NAACP worked and used legal challenges to eventually *strike down the separate but equal doctrine*. What was the significance of Brown v Board of Education of Topeka (1954)?

they took it to court and determined that *segregated schools violate the equal protection clause* of the 14th amendment, concluding that "separate but equal" schools were *inherently unequal*

What were the events that inspired the Black Lives Matter movement? How did the movement expand? Why has the movement lacked a clear agenda? What have been the results of the movement?

white police officer, George Zimmerman, shooting black 17-year-old Trayvon Martin expanded to *college campuses and social media* *lacked clear agenda:* they attempt to make *broad social changes* as opposed to changing specific law or policy *results:* counter-protests like All Lives Matter or Blue Lives Matter

Under what standards or conditions *(4)* is the court more likely to find affirmative action programs constitutional?

• Is Affirmative Action constitutional? It depends. • Affirmative action programs are usually *constitutional when*: 1. They are in response to a past proven *history of discrimination* 2. They *do not ban whites* from competing 3. They serve a clearly identified, legitimate, and "compelling governmental interest" 4. They are "narrowly tailored" to achieve the *government's compelling interest*

Know and understand our civil liberty protections under the Fifth through Ninth Amendments of the U.S. Constitution. (5)

• Right to a Grand Jury • Protection Against Double Jeopardy • Protection Against Self-Incrimination • Right to Due Process of the Law • Protection Against Unlimited Eminent Domain