Civil Liberties and Civil Rights Study Guide

Miranda vs. Arizona:

Established "Miranda" Rights Rights of the accused must be stated upon arrest Right to an attorney Right to be free from self-incrimination Police can use anything you say against you

Mapp vs. Ohio:

Established that evidence obtained illegally cannot be submitted legally in court Protected due process rights of citizens

Civil Liberties:

--Personal rights and freedoms that the government cannot abridge, either by law or judicial interpretation, without due process --Protection against government action --Identified in Bill of Rights

Voting Rights Act of 1965:

Abolishes racial discrimination in voting Enforced voting rights as granted by the 14th Amendment, allowing for the mass enfranchisement of minorities Signed under Lyndon B. Johnson

14th Amendment:

All persons born in U.S. are citizens States cannot violate citizens rights → "equal protection of the laws"

Baker vs. Carr:

Allow federal government to intervene and to decide redistricting cases in a state

Exclusionary Rule: (no illegal evidence)

Any evidence obtained illegally, violating the 4th amendment, cannot be legally admitted in court Purpose: to deter police from corrupt practices and protect the constitutional rights of suspects

Gitlow vs. New York:

Expanded First Amendment rights First Amendment rights are applicable to state governments through due process clause of 14th Amendment

Slaughterhouse cases:

First SC interpretation of 14th Amendment Rendered the "privileges and immunities" clause essentially meaningless by creating a doctrine of separate federal and state citizenship black codes, jim crow laws, sharecropping (attempt by southerners to reinstate slavery post civil war, essentially worked, marked failure of reconstruction)

First Amendment:

Freedom of Religion: Free Exercise Clause: Freedom to practice any religion as long as it does not affect the rights of others to practice their freedom of religion as well Establishment Clause: Congress shall make no law respecting the establishment of religion or prohibiting the free exercise thereof Freedom of the Press, Speech, Assembly

19th Amendment: (1920)

Guarantees all American women the right to vote NATIONALLY

Bill of Attainder:

Legislature declaring a person guilty of some crime and punishing them without trial Banned in constitution

Equal Protection Clause:

No state can deny any person within its jurisdiction the equal protection of the laws

Privileges and Immunities Clause:

No state shall make or enforce any law, which shall abridge the privileges or immunities of U.S. citizens

Gregg v. Georgia (1976)

Overturned Foreman v. Georgia and the moratorium on capital punishment Death penalty DOES NOT constitute as cruel and unusual punishment

Civil Rights Act of 1964:

Passed to enforce 14th Amendment Outlawed discrimination on the basis of race, color, sex, or national origin Protected voting rights of minorities Required equal access to public facilities and schools → in response to largely segregated South and Jim Crow Laws

Fourth Amendment:

Prohibits any unreasonable search and seizures Requires all warrants to be judicially sanctioned and supported by probable cause exigent circumstances--no warrant needed (i.e hot pursuit, plainview)

24th Amendment: (1964)

Prohibits poll taxes in state and federal elections

Affirmative Action:

Racial or gender quotas used to grant disadvantaged minorities opportunities Also can be used negatively→ racial quotas for college admission, etc.

De facto Segregation:

Racial segregation that exists "by the fact" and not by the law i.e. segregation in public schools due to predominantly black neighborhoods

Civil Rights:

Right to be free from unequal treatment by the government Actions government can take to achieve equal rights for all people i.e all of the Civil Rights Movements

Plessy vs. Ferguson: (1896)

Separate but equal Deemed segregation as constitutional Legislature cannot overcome social prejudice

Brown vs. Board of Education: (1954)

Separate is NOT equal Doll test Test used to show that segregation had detrimental effects to African American children Overturned Plessy v. Ferguson Schools started to integrate

New York Times vs. Sullivan:

Set malice standard, which has to be met before press can be considered "defamation and libel" supported freedom of the press

Dred Scott:

Set precedent that people of African American descent were not considered citizens of the United States reversed by 14th amendment

Americans with Disabilities Act:

Signed under George H. W. Bush Required that Americans with disabilities have equal access to education/facilities Unfunded federal mandate

Gideon vs. Wainwright:

States are required, under 14th Amendment, to provide counsel in criminal cases to represent defendants that cannot pay for their own attorneys Established right to counsel

Selective Incorporation:

States cannot take away a citizen's constitutional rights that are stated in Bill of Rights

Due Process Clause:

The protection of all citizens under the laws and rights provided in the Constitution "No state shall deprive any person of life, liberty, or property without due process of the law" Used to champion for the rights of minorities i.e. homosexuals

15th Amendment:

The right of citizens to vote shall not be abridged by the United States or any state on the basis of race, color, or previous condition of servitude

Bakke vs. California Board of Regents:

Upheld affirmative action, allowing for race to be one of the admitting factors in college admission policy

Writ of Habeas Corpus:

Used to determine if the detention of a prisoner is valid; if not, prisoner must be released Courts cannot just hold prisoners without charging them Writ of Habeas Corpus sometimes suspended under martial law during times of war Lincoln

Title IX: (1972)

a comprehensive federal law that prohibits discrimination on the basis of sex in any federally funded education program or activity.

14th Amendment:

citizenship for all born in U.S

Seventh Amendment:

jury of peers

Roe vs. Wade: (1973)

legalized abortion feminist standpoint: if women don't have control over reproduction and their own bodies, they don't have control over anything

Eighth Amendment:

prohibits government from imposing excessive bail, fines, or cruel and unusual punishments

Equal Rights Amendment: (1923)

proposed amendment to constitution, passed congress but failed to get ratified by 3 states "equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex."

Sixth Amendment:

speedy and public trial, confronting witnesses

Earl Warren Court and Criminal Rights:

supreme court justice on Miranda v. Arizona, Gideon v. Wainwright, and Mapp v. Ohio believed police must play fair, or accused go free even if accused are obviously guilty..tough penalty for cops ensures misconduct won't occur

Eminent Domain:

the right of a government or its agent to expropriate private property for public use, with payment of compensation.