POLS 1101 (EXAM 1) 1.4
• Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex. • Section 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article. • Section 3. This amendment shall take effect two years after the date of ratification.
(1920) to the Constitution of the United States provides men and women with equal voting rights. The amendment states that the right of citizens to vote "shall not be denied or abridged by the United States or by any State on account of sex."
(1920) to the Constitution of the United States provides men and women with equal voting rights. The amendment states that the right of citizens to vote "shall not be denied or abridged by the United States or by any State on account of sex."
19th Amendment
Freedom of: speech, petition, assembly, press and religion
1st amendment and its protections
Right to bear arms
2nd amendment and its protections
Freedom from unreasonable search and seizure
4th amendment and its protections
Right to grand jury indictment, no double jeopardy, freedom from self-incrimination, due process of law
5th amendment and its protections
Right to be in-formed of charges be present when witnesses speak in court, to call defense witnesses, to have a lawyer.
6th amendment and its protections
Freedom from excessive bail and cruel and unusual punishment
8th amendment and its protections
(Layer cake) Basically the state government can do whatever they want without the federal government interfering as long as they stay within the clearly defined terms. The power is divided between the state and federal governments. (1789-1945)
Define: Dual federalism
the authority possessed by both state and national governments, such as the power to levy taxes and borrow money
Define: concurrent powers
(New Federalism) defined as a strong national government that exerts tight. control of the states through orders or mandates—typically without accompanying financial resources. (1969-present day)
Define: Coercive Federalism
(Marble cake) is a concept of federalism in which national, state, and local governments interact cooperatively and collectively to solve common problems, rather than making policies separately but more or less equally (1930-70s)
Define: Cooperative federalism
the provision of Article IV, Section 1, of the Constitution requiring that the states normally honor the public acts and judicial decisions that take place in another state
Define: full faith and credit clause
powers, derived from the Tenth Amendment of the Constitution, that are not specifically delegated to the national government or denied to the states
Define: reserved powers
the transfer or delegation of power to a lower level, especially by central government to local or regional administration.
Devolution
"Federalism" is the process by which two or more governments share powers over the same geographic area.
Federalism
is a right to silence warning given by police in the United States to criminal suspects in police custody (or in a custodial interrogation) before they are interrogated to preserve the admissibility of their statements against them in criminal proceeding.
How is civil liberties related to Miranda Rights?
of the Fifth Amendment to the United States Constitution provides: "[N]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb.
How is civil liberties related to double jeopardy?
The Due Process Clause of the Fourteenth Amendment is exactly like a similar provision in the Fifth Amendment, which only restricts the federal government. It states that no person shall be "deprived of life, liberty, or property without due process of law." Usually, "due process" refers to fair procedures.
How is civil liberties related to due process?
Separation from church and state (schools) but can practice it wherever else
How is civil liberties related to establishment clause?
no unnecessary search and seizure , can't use outside illegally obtained evidence
How is civil liberties related to exclusionary rule?
practice it wherever you want but the government cant dismiss it or warrant it
How is civil liberties related to free exercise clause?
It ensures that your rights are secure
How is the due process clause related to selective incorporation?
The law must have: 1 a secular purpose 2 a neutral effect 3 excessive entanglement between church and state.
Lemon Test
Plessy v. Ferguson
Plessy v. Ferguson
Burning a flag in protest, wearing a black arm band are both examples of
Symbolic Speech
These 3 Amendments were efforts to give male African Americans equal rights of citizenship like white American men already had.
The 13th, 14th, and 15th Amendments
- The Fifteenth Amendment gave the right to vote to African American men. - The Fifteenth Amendment was ratified on March 30, 1870. - The Fifteenth Amendment removed race qualifications for voting. The Fourteenth Amendment did not guarantee this right because the states still had their own governing rights when it came to voting. Basically, citizenship alone didn't give you the right to vote. That is why the Fifteenth Amendment was ratified.
The Fifteenth Amendment
- The Fourteenth Amendment guaranteed basic rights and citizenship to African Americans. - The Fourteenth Amendment was ratified on July 28, 1868. - The intent of the Fourteenth Amendment was to protect all rights. Like the 13th and 15th Amendments, the 14th Amendment was mainly ratified for freedom that specified with enslaved African Americans.
The Fourteenth Amendment
- The Thirteenth Amendment made slavery illegal (abolished slavery). - The Thirteenth Amendment was ratified on December 18, 1865. - The Thirteenth Amendment to the U.S. Constitution put into the U.S. Federal law the prohibition against involuntary service, servitude and slavery.
The Thirteenth Amendment
The right to privacy refers to the concept that one's personal information is protected from public scrutiny. U.S. Justice Louis Brandeis called it "the right to be left alone." While not explicitly stated in the U.S. Constitution, some amendments provide some protections.
The right to privacy:
individual rights protected by law from unjust governmental or other interference.
What are civil liberties?
Three ... tests may be gleaned from our cases. First, the statute must have a secular legislative purpose; second, its principal or primary effect must be one that neither advances nor inhibits religion; finally, the statute must not foster an excessive government entanglement with religion.
What are the 3 prongs used for:
Fosters state loyalty, practices pragmatism, creates "laboratories" of democracy, political stability, encourages stability, prevents tyranny
What are the advantages of a federal system? What is the significance of the supremacy clause:
It went from being states rights to where the federal and the state governments were integrated, to the national government becoming very powerful
What are the changes in the balance of power between the states and the national government over time?
The president nominates judges, and can veto legislation
What are the checks and balances of the executive branch?
The judicial branch can declare laws and presidential acts unconstitutional
What are the checks and balances of the judicial branch?
The legislative branch has to approve presidential nominees, control the budgets, can pass laws over the presidents veto and can impeach and remove a remove a president from office.
What are the checks and balances of the legislative branch?
prevents creation of national policy, leads to a lack of accountability
What are the disadvantages of a federal system?
All those enslaved in confederate territory to be forever free and ordered the army to treat as free all those enslaved in 10 states that were still in rebellion. It applied to slaves.
What did the Emancipation Proclamation proclaim?
which only restricts the federal government. It states that no person shall be "deprived of life, liberty, or property without due process of law." Usually, "due process" refers to fair procedures.
What does the statement "there are no absolutes?"
Civil liberties are rights that individuals have against government. Citizens of the new United States refused to ratify the Constitution unless a Bill of Rights was added, specifically protecting them against official infringements of their "inalienable rights." Among our civil liberties are the right to free expression, the right to worship (or not) as we choose, and the right to be free from unreasonable searches and seizures. Only the government can violate your civil liberties. Civil Rights: Rights guaranteed by government, through acts, executive orders and judicial rulings.
What is the difference between civil rights and civil liberties?
The three-part test enunciated in Lemon v. Kurtzman which is used to asses whether a law violates the Establishment Clause. The "Establishment Clause" was intended to prevent any governmental endorsement or support of religion.
What is the lemon test for:
What is the status of the ERA today
What is the status of the ERA today
In 1909, the NAACP commenced what has become its legacy of fighting legal battles to win social justice for African-Americans and indeed, for all Americans. The most significant of these battles were fought and won under the leadership of Charles Hamilton Houston and his student and protégée, Thurgood Marshall.
What tactics did the NAACP take in the fight for equal rights for African American
To make sure the peoples rights were protected and that no branch over stepped its boundaries, this was applied to the constitution through Checks and Balances
What was Madison's concept of "double protection" (or double check)? and how was it applied to constitutional framework developed?
The 14th Amendment
Where would you find the due process clause in the constitution?
The 4th, 5th, 6th, and 8th Amendments provide much of the constitutional basis of these rights
Which amendments specifically deal with the due process rights of the criminally accused:
(1896), was a landmark United States Supreme Court decision upholding the constitutionality of state laws requiring racial segregation in public facilities under the doctrine of "separate but equal".
Which case appealed:
Equality of outcome
the concept that society must ensure that people are equal, and government must design policies to redistribute wealth and status so that economic and social equality is actually achieved.
Equality of opportunity
the idea that each person is guaranteed that same chance to succeed in life
