Gov ch. 8 - 9 Civil rights and liberties

methods used to deprive African Americans their right to vote

After the Civil War and Reconstruction, southern states employed a range of tactics to prevent blacks from exercising their right to vote. They used violence, vote fraud, gerrymandering, literacy tests, white primaries, among others. These tactics caused registration by blacks to drop significantly. Such measures as the poll tax, literacy tests, grandfather clauses, and the white primary proved especially effective in disfranchising blacks.

Which amendment laid the foundation for the process of extending the protections within the Bill of Rights to the states?

After the passage of the Fourteenth Amendment, the Supreme Court, through a string of cases, found that the Due Process clause of the Fourteenth amendment included applying parts of the Bill of Rights to States (referred to as incorporation).

Wisconsin v. Yoder

Amish children do not have to go to school until they are 16---they may stop after the 8th grade The Court ruled that the individual liberty to worship freely outweighed the state's interest in forcing students to attend school.

NOW

National Organization of Women, 1966, Betty Friedan first president, wanted Equal Employment Opportunity Commission (EEOC) enforce its legal mandate to end sex discrimination

What was the Supreme Court's main argument in the case Dred Scott v. Sandford?

The majority held that "a negro, whose ancestors were imported into [the U.S.], and sold as slaves," whether enslaved or free, could not be an American citizen and therefore did not have standing to sue in federal court. America = slave country

What is the purpose of the Ninth Amendment?

To protects all rights not included in the bill of rights

Tinker v Des Moines

U.S. Supreme Court case that upheld a student's First Amendment right to engage in symbolic speech in school, The landmark decision in Tinker v. Des Moines is widely considered the watershed of students' free speech rights at school.

Espionage Act of 1917

United States federal law passed shortly after entering World War I, on June 15, 1917, which made it a crime for a person to convey information with intent to interfere with the operation or success of the armed forces of the United States or to promote the success of its enemies. The legislation was passed at the urging of President Woodrow Wilson, who feared any widespread dissent in time of war, thinking that it constituted a real threat to an American victory.

How does the first wave of the women's rights movement differ from the second wave of the women's rights movement?

Whereas first-wave feminism focused mainly on suffrage and overturning legal obstacles to gender equality (e.g., voting rights and property rights), second-wave feminism broadened the debate to include a wider range of issues: sexuality, family, domesticity, the workplace, reproductive rights, de facto inequalities, and official legal inequalities.

bill of attainder

a law that punishes a person accused of a crime without a trial or a fair hearing in court

ex post facto

a law that would allow a person to be punished for an action that was not against the law when it was committed

strict constructionist

a person who interprets the Constitution in a way that allows the federal government to take only those actions the Constitution specifically says it can take

Suppose a female who works for a large corporation is approached by her male boss who suggests that she should consider going on a date with him if she wants to get a promotion or have a future with the company at all. This is an example of

sexual harassment

features of the Americans with Disabilities Act (ADA)

1. Employment (Title I) Title I requires covered employers to provide reasonable accommodations for applicants and employees with disabilities and prohibits discrimination on the basis of disability in all aspects of employment. Reasonable accommodation includes, for example, restructuring jobs, making work-sites and workstations accessible, modifying schedules, providing services such as interpreters, and modifying equipment and policies. Title I also regulates medical examinations and inquires. 2. Public Services (Title II) Under Title II, public services (which include state and local government agencies, the National Railroad Passenger Corporation, and other commuter authorities) cannot deny services to people with disabilities or deny participation in programs or activities that are available to people without disabilities. In addition, public transportation systems, such as public transit buses, must be accessible to individuals with disabilities. 3. Public Accommodations (Title III) Public accommodations include facilities such as restaurants, hotels, grocery stores, retail stores, etc., as well as privately owned transportation systems. Title III requires that all new construction and modifications must be accessible to individuals with disabilities. For existing facilities, barriers to services must be removed if readily achievable. 4. Telecommunications (Title IV) Telecommunications companies offering telephone service to the general public must have telephone relay service to individuals who use telecommunication devices for the deaf (TTYs) or similar devices. 5. Miscellaneous (Title V) This title includes a provision prohibiting either (a) coercing or threatening or (b) retaliating against individuals with disabilities or those attempting to aid people with disabilities in asserting their rights under the ADA.

Brown v. Board of Education

1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.

Brandenburg v Ohio

1969--Determined that a law that proscribes advocacy of violence for political reform is constitutional if applied to speech that is not directed toward producing imminent lawlessness and is not likely to produce such action is not constitutional.

How did James Madison's proposed amendments for the Bill of Rights address Alexander Hamilton's concerns that a list of rights would be incomplete and allow for tyranny?

9th amendment (more implied rights)

Schenck v. United States

A 1919 decision upholding the conviction of a socialist who had urged young men to resist the draft during World War I. Justice Holmes declared that government can limit speech if the speech provokes a "clear and present danger" of substantive evils. What was Schenck's major argument? Any law, such as the Espionage Act, that prevents opposition to the draft by peaceful means is a violation of the First Amendment freedom of speech and press.

writ of habeas corpus

A court order requiring jailers to explain to a judge why they are holding a prisoner in custody.

Suppose that Congress passed a law stating that children born to undocumented immigrants in the United States would no longer be granted American citizenship. If a group were to challenge the bill in court, on which legal grounds would they most likely base their case?

A major provision of the 14th Amendment was to grant citizenship to "All persons born or naturalized in the United States," thereby granting citizenship to formerly enslaved people

How do the responsibilities of a grand jury differ from those of a jury?

A trial jury, also known as a petit jury, decides whether the defendant committed the crime as charged in a criminal case, or whether the defendant injured the plaintiff in a civil case. Consists of 6-12 people. Trials are generally public, but jury deliberations are private. Defendants have the right to appear, testify, and call witnesses on their behalf. Final outcome is a verdict, in favor of plaintiff or defendant in a civil case, or guilty/not guilty in a criminal case. A grand jury is presented with evidence from the U.S. attorney, the prosecutor in federal criminal cases. The grand jury determines whether there is "probable cause" to believe the individual has committed a crime and should be put on trial. If the grand jury determines there is enough evidence, an indictment will be issued against the defendant. Consists of 16-23 people. Grand jury proceedings are not open to the public. Defendants and their attorneys do not have the right to appear before the grand jury.

How is Edward Snowden's situation similar to the circumstances surrounding the Gitlow v. New York case?

Both Snowden and Gitlow acted in a way that was intended to inform the American people but posed a threat to safety of others. Gitlow was involved in the court case Gitlow v. New York, in which the Court upheld his conviction for publishing Communist materials. The case was monumental in applying free speech protections to the states.

Suppose that during class, you and your fellow students are discussing the difference between civil liberties and civil rights. Which example might you give of a civil right?

Civil liberties are the protections from the abuse of government power. Civil rights are the protections from discrimination based on gender, race, or religion. Civil right: voting.

Mapp v. Ohio

Established the exclusionary rule was applicable to the states (evidence seized illegally cannot be used in court)

Americans with Disabilities Act (ADA)

Legislation passed in 1990 that prohibits discrimination against people with disabilities. Under this Act, discrimination against a disabled person is illegal in employment, transportation, public accommodations, communications and government activities.

Why was the freedom to practice religion and the avoidance of establishing a national religion important to the founding fathers?

Many of those who came to America did so to escape religious persecution, and the founding fathers wanted to avoid the conditions they fled in England.

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. Engel v. Vitale, legal case in which the U.S. Supreme Court ruled on June 25, 1962, that voluntary prayer in public schools violated the U.S. Constitution's First Amendment prohibition of a state establishment of religion.

main goal of the Civil Rights Act of 1964

Provisions of this civil rights act forbade discrimination on the basis of sex, as well as, race in hiring, promoting, and firing. The Act prohibited discrimination in public accommodations and federally funded programs. It also strengthened the enforcement of voting rights and the desegregation of schools.

Bakke v UC regents

Regents of the University of California v. Bakke is a 1978 Supreme Court case which held that a university's admissions criteria which used race as a definite and exclusive basis for an admission decision violated the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act of 1964.

Section 504 of the Rehabilitation Act of 1973

Section 504 forbids organizations and employers from excluding or denying individuals with disabilities an equal opportunity to receive program benefits and services. It defines the rights of individuals with disabilities to participate in, and have access to, program benefits and services.

de facto segregation

Segregation resulting from economic or social conditions or personal choice.

Suppose a man who is suspected of committing fraud has been tried and acquitted of all charges. The law enforcement officers do not believe that the jury acted fairly and believe the man should be re-tried for his alleged crimes. The man is protected from being convicted of fraud by

The Double Jeopardy Clause in the Fifth Amendment to the US Constitution prohibits anyone from being prosecuted twice for substantially the same crime.

main function of the establishment clause in the First Amendment

The Establishment clause prohibits the government from "establishing" a religion. The precise definition of "establishment" is unclear. Historically, it meant prohibiting state-sponsored churches, such as the Church of England. The Court in Agostini identified three primary criteria for determining whether a government action has a primary effect of advancing religion: 1) government indoctrination, 2) defining the recipients of government benefits based on religion, and 3) excessive entanglement between government and religion

What had the greatest effect on African American voter registration?

The Fifteenth Amendment (ratified in 1870) extended voting rights to men of all races. However, this amendment was not enough because African Americans were still denied the right to vote by state constitutions and laws, poll taxes, literacy tests, the "grandfather clause," and outright intimidation. The Twenty-fourth Amendment (ratified in 1964) partly addressed this injustice by prohibiting the use of poll taxes in federal elections. In addition to these constitutional amendments, the Voting Rights Act of 1965 secured voting rights for adult citizens of all races and genders in the form of federal laws that enforced the amendments.

Tenth Amendment

The Tenth Amendment says that the Federal Government only has those powers delegated in the Constitution. If it isn't listed, it belongs to the states or to the people.

What is the main idea behind the exclusionary rule?

The exclusionary rule prevents the government from using most evidence gathered in violation of the United States Constitution. The exclusionary rule applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment, as ruled in Mapp v. Ohio (1961), and to improperly elicited self-incriminatory statements gathered in violation of the Fifth Amendment, as ruled in Miranda v. Arizona (1966).

The Fourth Amendment requires that the government obtain which document before searching people or places?

a warrant

What is the main difference between the majority opinion and the dissenting opinions in the McDonald v. Chicago case on the Second Amendment?

With Justice Samuel A. Alito writing for the majority, the Court reasoned that rights that are "fundamental to the Nation's scheme of ordered liberty" or that are "deeply rooted in this Nation's history and tradition" are appropriately applied to the states through the Fourteenth Amendment. Justice John Paul Stevens dissented. He disagreed that the Fourteenth Amendment incorporates the Second Amendment against the states. He argued that owning a personal firearm was not a "liberty" interest protected by the Due Process Clause. Justice Stephen G. Breyer, joined by Justices Ruth Bader Ginsburg and Sonia Sotomayor, also dissented. He argued that there is nothing in the Second Amendment's "text, history, or underlying rationale" that characterizes it as a "fundamental right" warranting incorporation through the Fourteenth Amendment.

The "penumbra" mentioned in the opinions of the Supreme Court in Griswold v. Connecticut refers to

Writing for a 7-2 majority in Griswold v. Connecticut, Justice William O. Douglas famously said that a general right to privacy is found in the "penumbras," or zones, created by the specific guarantees of several amendments in the Bill of Rights, including the First, Third, Fourth, and Ninth Amendments.

De jure segregation

segregation by law