PS121 Exam #4- Civil Liberties & Civil Rights

Extending the sixth amendment

Norris v. alabama (1935)- African Americans cannot be prohibited from serving on juries. Taylor v. Louisiana (1975)- women cannot be prohibited from serving on juries. Gideon v. wainwright (1963)- poor defendants are entitled to counsel even if they cannot afford independent counsel

Freedom of Speech protections

Less protected -fighting words -defamation -obscenity Well protected -Political speech -Symbolic speech -Freedom of assembly

Third Amendment

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Affirmative action

a range of policies aimed at promoting equality of outcome by providing expanded education and employment opportunities for members of a previously disadvantaged group.

The Expansion of civil rights

-While rooted in the equal protection clause of the 14th amendment, enforcement has evolved slowly since 1868. -Civil rights continues to be an ongoing process.

Selective incorporation

-the Supreme Court incorporate several provisions in the Bill of rights throughout 20th century. Look at Incorporation of civil liberties chart -Not all of the clauses of the bill of rights have been fully incorporated. A number of clauses still do not apply to the states, while the application of others to the states is not yet clear. The supreme court has ruled that some civil liberties are more "fundamental" to our notions of freedom than others. Selective rather than full incorporation of bill of rights. -Not been incorporated- are right to an indictment by a grand jury and right to a jury trial in civil law suits; states are not required to extend the same protections. Questionably incorporated- 3rd amendment protection against the quartering of troops and the 8th amendment protection against excessive bails and fines. Look at chart- rights not yet incorporated or questionable incorporation

Amendment II Right to bear arms

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. 2nd amendment has evaded incorporation: the process by which the Supreme Court applies the civil liberty provisions of the bill of rights to the states. -Does this phrasing suggest that people have an individual right to possess firearms? -Does it suggest that people have a collective right to protect themselves from the government?

Freedman

Former slaves who were freed during the Cvil war and enjoyed fill citizenship rights, including voting and running for political office, during reconstruction in the south. -Newly enfranchised African Americans comprised a majority in the South Carolina house of representatives

Civil Liberties protect individuals from abuses of power by the government

-Civil liberties- restraints on government found in the bill of rights and due process clause of the 14th amendment. Civil rights- protect citizens from discrimination by the government or other citizens and are rooted in the Equal protection clause of the 14th amendment. Civil liberties- concerned with individual freedoms. civil rights- concerned with equality of citizenship. -Bill of Rights- civil liberties. 7 articles of the consitution express what the government can do, 10 amendments in the bill of rights express what the government cannot do. -The liberties guaranteed by the constitution contain their own limitations. Balance between protecting individual freedom and protecting public health and safety

Civil Rights legislation

-Civil rights legislation proposed by JFK stalled in congress in 1963 -Pres Kennedy was assasinated -Pres Lyndon B johnson pushed congress to act. He signed the bill into law in 1964.

Central ideas

-Civil rights require equal protection of the law regardless of race, color, religion, gender, age, disability, or national origin. -African Americans and women paved the way for the expansion of civil rights. -Consitutional amendments, judicial interpretation, and congressional legislation have expanded civil rights. -Diverse groups have employed similar tactics to obtain civil rights protections.

The first feminists: women fight for the vote

-1848- senca falls contention, NY. Elizabeth cary Stanton and Lucretia Mott- 300 male and female activists for 2 days to discuss appropriate remedies for discrimination against women. "Declaration of sentiments"- present the inequalities in politics and society and call for reform. 100 men and women signed it- 12 specific action items to steer the agenda of the women's movement for the next several years. Wlmens rights conventions took place annually from 1850-1860. -Reconstruction amendments excluded women from expansion of civil rights. Suffragests were incensed. Elizabeth Cady Stanton and Susan b Anthony- national woman suffrage association in 1869 to push for a constitutional amendment to grant women the right to vote. National American woman suffrage association formed (NAWSA). -1913- some states had granted women the right to vote, not shared nationwide. Alice Paul and Lucy burns formed the congressional union (later known as the national woman's party) and staged protests. 3/4 states approved amendment in 1919 and it was added in 1920 as the 19th amendment (drafted by Susan b Anthony).

The Reconstruction amendments and Jim Crow

-After the confederacy lost in 1865, congress proposed 3 amendments aimed at extending civil rights to freed slaves (13, 14, and 15th amendments). 13th amendment- banned all forms of slavery and involuntary servitude. 14th- granted full rights of national and state citizenship to "all persons born or naturalized in the US" also guaranteed citizens due process and equal protections under the law. -15th amendment- right to vote. (for color or race previous condition of servitude- not for women). -In order to ensure the success of the amendments- southern states were required to ratify them as a prerequisite for admission back into the Union with full political representation in congress. Reconstruction. -The period of the northern occupation- 1865-1877 Radical republicans in congress passed several legislative reforms aimed at guaranteeing the rights of freedmen, including voting and holding political office. Newly enfranchised African Americans comprised a majority of in the South Calrolina house of representatives. -White democrats in the south mobilized in bitter opposition to the reconstruction efforts of the national government. Also opposed to steep taxes imposed by the new republican legislatures- taxes levied to subside the reconstruction efforts. Whites began to impose new restrictions on African Americans in society and politics. -State and local levels- Jim Crow laws- segregation of schools, transportation, facilities, restaurants, and other public places. The civil rights act of 1875 was rendered unconditional and the national government lacked the authority to regulate private acts of discrimination. -Plessy v. Ferguson (1896)- Argued that he had been denied equal protection under the law. Supreme Court disagreed. Majority found that the lousiana law merely separated the two races but did not treat them unequally- yielded "separate but equal" doctrine.

Protections of the accused

-Amendments IV, V, VI, VII are intended to protect individual citizens from the power of the government to accuse, detain, judge, convict, and punish citizens. -These amendments show another way in which the founders sought to protect citizens from abuses of power.

Equal Dignity in the eyes of the law

-Analyze obergefell v hodges -Marriage as a right to privacy in grisworld v Connecticut was drawn to legalize same-sex marriage in obergefell v Hodges. -Liberty by marrying of the same sex and having their marriages deemed lawful on the same terms and conditions as opposite sex marriages. -Obergegell and his partner, John Arthur, traveled from their home state of Ohio to Maryland to become legally married. When Arthur died, just a few months later, Ohio law prevented obergefell from being listed as the surviving spouse on the death certificate due to the state's ban on same-sex marriages. -14th amendment- promises liberty and equal protection. -Right to marry- fundamental right inherent in the liberty of the person, and under the due process and equal protection clauses of the 14th. Same-sex couples may not be deprived of that right and liberty. -Right to dignity- gay couples are merely asking for the right to choose whom to love, to marry out of that love, and find equal recognition for that marriage by the state.

The Rise of Jim Crow Laws

-Between 1870-1877 - Southern white Democrats systematically regained control of state institutions through electoral victories and intimidation. -Jim Crow Laws were state and local laws in place between 1877 and the mid-1960s that mandated segregation in all public places. -African Americans challenged these laws in the court

The Bill of Rights defines the core of civil liberties, protections, and Supreme Court interpretations define the limits of these protections

-Bill of Rights- a compromise between the federalists and the antifederalists. Over 100 amendments proposed, congress approved 12 and sent them to the states for ratification. Only 10 ratified and added to the constitution in 1791. 1st amendment was actually the third of 12 amendments in the Original BOR (States failed to ratify the first two). -1st aendemtn- defends 5 liberties- religion, speech, press, assembly and petition. -"Congress shall make no law"- the government (and not for example, the private sector) is restricted from abridging these liberties. -1st amendment also creates 2 counter-balanced reforms related to religion: prevents the establishment of religion by government and ensures the free exercise of religions by citizens

The right to privacy and sexuality

-Bowers v. Hardwick (1986)- court ruled that the right to privacy did not extend to homosexuals; states and the right to restrict sexual activity unattached to procreation in order to protect standards of morality and cultural decency. -Lawrence v texas (2003)- bowers was overruled. Invalidadted anti-sodomy laws, but did not legalize same-sex marriage.

Women's Rights

-Civil Rights Act of 1964 did not include language explicitly protecting sex and gender. -Title IX of the Education Amendments of 1972 required equal access to federally funded educational programs and activities; application of its provisions has led to more equitable funding for women's athletics. -Roe v. Wade (1973) expanded women's reproductive rights. -In 1976, a new Supreme Court interpretation of Title VII of the Civil Rights Act of 1964 extended its provisions to protect against sexual harassment

Civil Rights require equal protection of the law regardless of race, color, religion, gender, age, disability or national origin.

-Civil liberties are primarily concerned with individual freedoms. Civil rights are concerned with guaranteeing those freedoms are provided equally to all citizens. -Civil liberties are generally considered negative liberties because the are associated with the absence of government interference or coercion. Protect individual freedoms by placing limits on what the government can do. Civil rights- positive liberties- associated with actions that the government must take to ensure that all citizens are able to participate fully in society. -Civil rights are rooted in the equal protection clause of the 14th (Equal protection of the laws). Prohibits unreasonable discrimination; laws cannot treat people differently. -Two forms of equality: equality of opportunity and equality of outcome. Equality of opportunity- every individual must have the same chance to succeed in life. -Equality of outcome- same chance of succeeding and all actually succeed. Redistributing wealth and status so that economic and social equality is achieved.

Central Ideas

-Civil liberties protect individuals from abuses of power by the government. -The bill of rights defines the core of civil liberties protections, and Supreme Court interpretations define the limits of these protections. -Civil liberties protections have sometimes been extended to apply to state governments as well. -the interpretation of individual liberties has changed over time.

Second Amendment

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Civil rights or civil wrongs?

-Continuing struggle of disadvantaged groups raises questions concerning the meaning of equality, the role of the government in promoting equality, the ability of the government to eradicate inequality in society, and the extent of the right for inclusion and access to civil rights protections. Most Americans support the idea of equality of opportunity, but fewer support the idea of equality of outcome. -Figth for civl rights also raises an important question about the purpose of government in democracy. The question about the purpose of government in democracy. The founders declared that all men possess certain "unalienable rights" including "life, liberty, and the pursuit of happiness." Governments were established to protect these rights; maintaining order. Since the end of the civil war and ratification of the 19th, the government has understood protection of these rights to include the promotion of equality. -Governmets capacity to address inequalities in society. The court realized that, while it could address de joule segregation (or segregation grounded in the law), it was incapable of addressing de facto segregation (or segregation that has no legal basis but is practice nonetheless). -Civil rights- struggle over inclusion and access. Protections to people because of their legal status as citizens of a nation-state.

Older than the bill of rights

-Determine the origin of the right to privacy and assess this right's relationship to the consitution. -Obergefell v Hodges- legalized same-sex marriage. Individuals' right to privacy and dignity. These two rights, however are not explicitly spelled out in the consitution. -Examine the origins and evolution of these two rights- help us understand the reasoning behind the obergefell rulling- specifically, what role privacy played in this case. -Part I- review consistuonal underpinnings of the right to privacy, exploring some of the supreme court's cases that have expended its definition. -Part II- majority opinion in the obergefell v Hodges case to see how the concept of privacy has been applied to a modern issue.

Civil Rights Legislation

-Early 1960s- JFK pushed for desegregation of public facilities and equal protection of the right to vote. Pressured congress to pass legislation, but the legislation was stalled in committee when he was assassinated. Lyndon Johnson pushed congress to act and passed the Civil Rights act of 1964. -Act guaranteed equal treatment in schools, workplaces, and public facilities, banning any form of discrimination based on race, color, religion, or national origin. (did not include sex). Attached federal funding to compliance- any state agency that violated the act would lose federal funding. To monitor compliance congress established the Equal employment opportunity commission to provide a vehicle for individual employees to file discrimination complaints. The act also incorporated provisions that empowered the national government t oversee state efforts at compliance and to bypass state courts in cases of racial discrimination. -march 1965- Selma- Montgomery march participants attacked by police using tear gas and clubs- "Bloody Sunday." Months after- voting rights act of 1965 passed; targeted restrictions on or qualifications for black voting rights and required states with history of discrimination to obtain federal approval before amending their voting laws.

African Americans and women paved the way for the expansion of civil rights

-Framers did not perceive civil liberties as universal, only reserved for white men. Women and African Americans led movements for the expansion of civil rights in the US. -States allowing slavery (south) benefited economically, those opposed did so for moral and pragmatic reasons, they Felt slavery was wrong and disliked the economic advantage it gave to southern states. three fifths compromise temporarily defused tension over slavery by permitting states to count slaves as 3/5 of a person for the purposes of representation and taxation. -By 1808- every state except for South Carolina outlaws the slave trade. Cvil war- slave population was at 4 million. -Abolitionists in the north opposed slavery. William Lloyd garrison and Frederick Douglas - American antislavery society. Outrage against slavery- anti-slavery Republican Party 1854. -President Lincoln- set to abolish slavery. SC responded by seceding the union and 6 other states followed before Lincoln had assumed office. 4 additional states joined the confederacy. Emancipation proclimation- 1863- freeing all slaves in states in active rebellion against the Union. Encouraged slaves to escape their southern maters and join union forces fighting the confederacy. -Dredd scott v stanford (1854)- after death of his master, Scott brought suit in the state of Missouri, arguing that the provision of the Missouri compromise of 1820 that extended freedom to any slave whose master established residence in a free territory applied to his situation. Supreme Court found that, as a slave, Scott did not possess the rights of citizenship and this could not sue in federal court. Court also said that Missouri compromise- unconstitutional exertion of congressional power.

The Right to privacy and abortion

-Grisworld v. Connecticut- challenged a Connecticut law that banned the use of contraceptives. Court refereed to the implication of the 1st, 3rd, 4th, 5th, 9th, and 14th amendments as evidence that this right was assumed to exist by the framers (right to privacy). 7-2 majority ruling. -Roe v. wade- extended right to privacy to include a women's right to have an abortion. -Freedom to self actualize. -Court resorted to a trimester system- 1st trimester the woman has absolute right to an aboriton. 2nd and 3rd- state can regulate abortion practices accordingly. Webster v. reproductive health services (1989) and planned parenthood v Casey (1992) restrictions by states may be too much of an undue burden on the woman requesting the procedure. Invalidating some laws. -2013- texas legislature passed HB2- restrictions on abortion providers; required abortion clinics to maintain admitting privelges at a hospital within 30 miles of the clinic- complications for rural clinics or that lack the minimum number of admittances to meet requirements for hospital privileges. Number of clinics dropped from 42 to 19. overturned the law in the Whole women's health v. hellerstedt (2016)- placed "undue burden" on women seeking abortions.

Suffragists on parade

-Suffrage parade of 1913- unconventional political participation. -Codificaion of voting rights for men in the 15ths amendment but not women, enraged suffragists- turned to more unconventional modes of political participation for their cause. -Suffragist parade- march 3, 1913. Lawyer Inez millholand led the parade on a white horse. a lot of sexism from men, even the police. Scheduled their demonstration to coincide with the inaguration of Woodrow Wilson to maximize amount of press coverage of the event.

Amendment VI: the right to a fair trial

-Guarenteed right to a speedy trial, a public trial, a trial for significant offenses, an impartial trial composed of peers, and legal defense. Defendants also have the right to notice of the accusations brought against them as well as the right to confront those witnesses and brought to testify against them in a court of law. -Impartial jury has not always meant a jury randomly chosen from entirety of adult population before the mid 20th century (was just white men). Prohibiting jury pools from excluding African Americans (Norris v. Alabama, 1935) and women (Taylor v. Louisiana, 1975), not until the 60s that the right to council was understood to require the state provide public defenders. Gideon v. waignwright (1967)- poor defendants lacking financial resources to hire legal represetnaiton- entitled to counsel.

The future of civil liberties

-Important patterns concerning civil liberties- 1. the court has shifted its interpretation of civil liberties over Time. 2. Important function of the court is to protect the cvil liberties of citizens while respecting the political sovereignty and interest of the sates. Struggled to find a balance between these two cross-pressures especially with the shift to new federalism over the past 30 years. since 9/11 this balance has become even more unstable.

Women's rights today

-Jan 21, 2017- Women's march in protest of trump's administration and his policies and statements percieved to be offensive. -Women working in various industries shed light on sexual misconduct, harassment, molestation, and assault in the workplace. "me too movement. -Women's rights continue to evolve and expand. Violence against women act of 1994, Lily Ledbetter fair pay act of 2009, and sexual harassment policies, etc.

LGBT rights

-Judiciary has also been influential in extending civil rights to gays and lesbians. 2013- Ct. struck down a provision of the defense of marriage act that denied federal marriage benefits to same-sex couples; finding it in violation of the 5th amendment's guarantee of equal protection. -Obergefell v. Hodges- legalized gay marriage nation wide. Consitutional right to marry- marriage is an intimate personal choice available to all, it is more important relationship between 2 individuals than all others, marriage supports families and raising children and marriage is important to our social order, structuring the law and disbursements of governmental benefits. -Media has been used to raise public awareness and. shape perception. The GLAAD organizaiton- tried to shape LGBT portrayl to make sure people are not discriminated against, tries to reeducate the public.

The case

-Learn how the NAACP used segregation in public schools to argue the unconstitutionality of the "separate but equal" doctrine before the Supreme Court. -Video 1: Organization fighting to protect rights of blacks. Challenge "separate but equal" by poesy v. Ferguson. Legal defense fund to test cases in the courts to look to overturn poesy. Found a group of parents that's children were turned away from schools. Linda brown denied admission to the all-white school, the NAACP was able to proceed with its case challenging the "separate but equal doctrine" -Video #2: 5 cases (Kansas, Delaware, VA, SC, and DC) Class action suit- number of different individual cases that are asking the same question of the court but with different set of facts behind them. Equal protection clause. Social experiencemt with dolls- distain and anger toward black dolls. Suggests that separated education are creating power plays. Unanimous decision- separate but equal is unconstitutional and overturned. Appointment of Earl Warren as Chief Justice helped court come to unanimous decision. Equal protection clause of the 14th rendered the "separate but equal doctrine unconstitutional. -Video #3: Southern states slow to implement change of law. Brown II- nothing has changed. Court ordered to desegregate (and taking an active role in implementing). -Identify current issues related to school segregation and evaluate the remedies taken by advocates of reform.

Brown v Board 65 years later

-Legal cases brought by parents regarding school funding and segregation issues. -Mr. Cruz Guzman claims that Minnesota knowingly allowed towns and sixties to set policies and zoning bondaries that led to segregated schools, lowering test scores and graduation rates for low income and nonwhite children. -Many advocates of school desegregation now argue that school districts are violating provisions in state constitutions. -It unequal funding leading to inadequate education for low-income students -Funding and greater racial and socioeconomic integregation of schools can help improve low stats in success. Spending 10% more per pupil=associated with students staying in school longer and earning about 7% more in adulthood. -Hanuserk's argument- no significant improvements have been seen despite continual increases in education spending. -School busing was deemed successful in states like North Carolina in the decades after the brown ruling. -Charter-school advocates- nervous about the law suit because charter schools are traditionally attended by mostly nonwhite and low income students, which advocates believe protects those students from discrimination at traditional public schools. -ruled in favor of the plaintiffs, allowing the case to move to trial.

Caught in a bad romance

-Tactics used in suffrage movement led by Alice Paul and the national woman's party. -Suffragists picketed. the idea of women leaving the home and convening for political reasons was viewed as as unnatural to many at the time. Woodrow Wilson is watching but does not appear to act immediately. -Identify radical tactics used by the suffrage movement and evaluate the effectiveness of unconventional forms of political participation.

Civil Rights Act of 1875

-The Civil Rights Act of 1875 was passed by Congress to prohibit discrimination in public facilities and accommodations. -It was ruled unconstitutional by the Supreme Court in the Civil Rights Cases (1883). -The Supreme Court ruled that Congress could only regulate state acts of discrimination, not private acts

Limits to Free speech

-Less protected= defamation, obscenity, fighting words, and commercial speech. Certain forms that receive less protection because they are believed to not contribute to the public debate or convey ideas that contain social value. -Defamation- speech, spoken or written, that is untruthful and can be proved to have malicious intent the may be harmful to the subject. Libel (writen) and slander (oral). Supreme Court has greatly limited the definition of libel. A false statement must also be proven to have been printed with "actual malice" or "reckless disregard of the truth" in order to be qualified as libel. Courts- public figures subject themselves to scrutiny by entering politics and must have thick skin to deal with potentialy offensive statements. -Obscenity- obscsene material. Defining obscenity is challenging. 1964- jacobellis v. Ohio- protect any form of obscenity except hard-core pornography. today- three part test to determine obscenity. -Millter test: Material can be banned if the average person would find that: 1. It appeals to pureeing interests (those associated with sexual desire); 2) it is patently offensive; 3) the work as a whole lacks serious literary, artistic, political, or scientific value. -Protects community- level standards- what might be obscene in one part of the country may not be considered obscene in another part. -Fighting words: "inflict injury or tend to incite an immediate breach of the peace -Commercial speech, or advertising conducted by a private firm with the intention of making a profit, is subject to government regulation because it is not thought to constitute political speech (advertising of tobacco products, alcohol, loteries, or prostitution). Central Hudson test- determine whether restrictions on commercial speech violate the first amendment. Government can limit commercial speech that is misleading or relate to illegal activity. -Regulation must be related to a substantial government interest -Restriction on commercial speech must directly advance that government interest; and -The regulation must only be as broad as necessary to achieve the government's interest. -Ex of compelled commercial speech- food labeling.

Limits of free speech

-Libel- defamation in written form -Slander- a defamation in spoken form -Obscenity- has been difficult to define consistently -Commercial speech is subject to government regulation

Amendment II: The right to bear arms

-Lies at the center of the ongoing debate over gun control. -Different set of implications for the constitutionality of laws that restrict individuals from owning firearms. Brady Bill 1993- challenged boundaries of this civil liberty, as have recent Supreme Court cases. -Brady bill, or the Brady handgun violence protection act, required federal background checks on those attempting to purchase firearms. Prohibits minors, convicted felons, people with mental illness, undocumented immigrants, dishonorably dicharged members of the military, Americans who renounced citizenship, and those with restraining order or been convicted of domestic violence. -1994- federal assault weapons ban. Had a ten year sunset provision and subsequent legislation concerning federal gun control did not renew it. Congress did not reach a vote to reinstate this provision. -CA, CT, MA, NJ, and NY- implemented laws to restrict posssesion of firearms and prohibit assault weapons. NY- bans more types of assault weapons that previously restricted by the federal government, monitors ammunition sales, stiffens background checks, requires 5 year recertification of gun licenses, and cracks down on illegal gun use through harsher penalties. -2nd amendment- one of the last civil liberties to evade incorporation by the end of the 20th century, debate has ranged over the constitutionality of gun laws enacted at state and local levels (the process by which the Supreme Court applies the civil liberty provisions of the bill of rights to the states). District of Colombia v. Heller (2008)- court ruled that a Washington DC statute prohibiting handguns= unconstitutional. Gun control measures limit sales to criminals or those with mental illness- subject to government regulation. -Mcdonald v. City of Chicago (2010)- 2nd amendment should be applied to states. Protected from state and federal infringement. -After parkland shooting, florida- banning sale or possession of bump stocks, require 3 day waiting period for purchasing certain firearms, age raised from 18-21, arming (and training) school personnel, and improving school security.

Desegregating public transportation

-NAACP mobilized to challenge other areas of egregious discrimination in public life, especially transportation, "white" section and a "colored" section. if the white section of the bus filled to capacity, then it was customary for bus drivers to require blacks to give up their seats in the front of the "colored" section for additional white passengers, even if it required black ones to get off the bus. -Rosa parks refused to move and was arrested. She was 42, experienced civil rights activist, and a member of the NAACP. -Bus boycott by black community in Montgomery. Led by young MLK jr. after a year of gridlock, the city changed its policy= victory for NAACP and black community in the movement to end discrimination. -1957- MLK JR- president of the SCLC, a group of ministers committed to equal treatment of the races as well as nonviolence and civil disobedience. -1960- SNCC was founded by a racially diverse group of college students dedicated to racial justice. The SNCC and CORE organized road trips called freedom rides to venture into the Deep South and directly challenge segregated facilities along the way. Met with great resistance and assaulted by public and arrested by police. -MLK JR arrested in 1963; wrote a response to a statement by a white clergyman who sympathized with his cause but criticized his tactics (wrote while in prison) King defended his use of nonviolent protest to restrict unjust laws. "Letter from a Birmingham jail" -television coverage of police brutality against civil rights protestors in Birmingham drew national attention to the issue of racial inequality.

Desegregating public education

-Naacp began targeting inequalities in education in the 1930a; believed that improving educational opportunities for future generations would go a long way toward improving the station of African Americans in society. focused on segregation in graduate and professional education. Advantages- 1. targeted a relatively small pop.; the change brought about by desegregation of graduate and professional schools would be felt by a small number of people and thus would be more palatable to society at large. 2. state universities would find it difficult to offer "separate but equal" learning environments at this level of education as the sheer expense of law schools and medical schools would prevent them from establishing a parallel track for black students. -Missouri ex rel. Gaines v. Canada (1938)- Lloyd gains sued because was denied admission to University of Missouri law because of his race. Violated the equal protection clause of the 14th amendment. The Supreme Court agreed and required that the university either establish a separate but equal law school for blacks or grant gains full admission to an existing all-white shcool in the state. -Sweatt v painter (1950)- he-man sweatt sued u of Texas law school for same reason. U of Texas established a sepearet black law school in Austin; the facilities were separate but not equal the ct agreed. -NAACP then looked to inequalities in elementary and secondary education. 5 cases concerning segragation began to make their way through the legal system to the Supreme Court. Brown v. Board- little girl had to walk miles to attend her all black school. -Brown presented the court with argument that no educational facility the segregated children based on race could possibly be equal. "Doll study"- racial superiority was being socialized at a very young age and reinforced through the public education system; irreparable harm to African American children. Separate= inherintly unequal. -Brown v. Board II- court found that little to no changes had been made over the course of a year, and riled that schools desegregate with all deliberate speed. -"Little Rock nine"= arkensas governor took a stand against desegregation of central high school in Little Rock. 9 black students had been blocked entry by governor, but Dwight D Eisenhower federalized the AR national guard against the governor's wishes to protect the students and provided them entry.

The right to privacy and abortion

-Not explicitly mentioned in the constitution The Supreme Court found the right to privacy implied in several amendments: 1, 3, 4, 5, 9, 14 -Grisworld v. Connecticut 1965- "The present case, then, concerns a relationship lying within the zone of privacy created by several fundamental constitutional guarantees. And it concerns a law which, in forbidding the use of contraceptives, rather than regulating their manufacture or sale, seeks to achieve its goals by means having a maximum destructive impact upon that relationship... would we allow the police to search the sacred precincts of marital bedrooms for telltale signs of the use of contraceptives? the very idea is repulsive to the notions of privacy surrounding the marriage relationship. We deal with a right of privacy older than the bill of rights" Roe V. Wade (1973) -"The detriment that the state would impose upon the pregnant woman by denying this choice altogether is apparent. Specific and direct harm medically diagnosable even in early pregnancy may be involved. Maternity, or additional offspring, may force upon the woman a distressful life and future. Psychological harm may be imminent. Mental and physical health may be taxed by child care. there is also the distress, for all concerned, associated with the unwanted child, and there is the problem of bringing a child into a family already unable, psychologically and otherwise, to care for it. In other cases, as in this one, the additional difficulties and continuing stigma of unwed motherhood may be involved. All these are factors the woman and her responsible physician necessarily will consider in consultation." -Roe v. Wade (1973) did not grant absolute abortion rights. the majority opinion also recognized state interests- "At some point the state interests as to protection of health, medical standards, and prenatal life, become dominant." -A trimester system was established for abortion. Restrictions that can be imposed by the state have been further clarified -Webster v. Reproductive health services (89') -Planned Parenthood v. Casey (92')

A privacy matter

-Origins of right to privacy and how it was applied in landmark supreme cases. -Recalling the supreme court's historic stament on contraception and privacy: griswald v. Connecticut, 1965, 7-2 majority- consittutional right to privacy for married couples to use contraception. General right to privacy is found in the penumbras or the zones created by specific guarantees of several amendments in the bill of rights including the 1st, 4th, and 9th amendments. -1879- Connecticut criminalized use of contraception. -Tileston v. Ullman (1943)- Supreme Court dismissed a challenge from a doctor based on a lack of standing- had not demonstrated a threat to his personal life or liberty. -Poe v. Ullman (1961)- Court dismissed a challenge from a woman on lack of standing- woman had not actually been prosecuted under the law. -1961- Griswold and Buxton opened a new health clinic in connecticut- arrested for providing information and advice to married couples seeking contraception. Fined $100 each. Appealed case, but conviction was upheld by appellate division of the circuit court and by the Connecticut Supreme Court. -Appealed to the Us Supreme Court and argued that the Connecticut law violated their due process rights under the 14th amendmendment- the court agreed. -1st amendment- privacy is protected from government intrusion.3rd amednment- prohibition against quartering of soldiers. 4th amendment- protections against "unreasonable searches and siezures" and 5th amendment- examples of privacy guarantees. 9th amendment (majority's analysis) rights of the people are not limited to those enumerated in the condition. 14th amendment- allowed the courts to bring these protections to bear against state law. -9th amendment- fundamental right to marital privacy without needing support of others (justice Goldberg) (Harman and white)- the law was a violation of "liberty" under due process protections of the 14th amendment- concurring opinions. -Explain the modern importance of the right to privacy.

Amendment XIV

-Passed in 1868 -Extended the protections of the bill of rights to the states -Effectively ended dual citizenship -But was not truly enforced until 1925 when the Supreme Court used the 14th amendment to enforce freedom of speech rights -Enforcing the 14th amendment was the beginning of incorporation

The first amendment and freedoms of assembly and the press

-Peaceful demonstrations in public spaces- within citizens' rights (peaceful demonstrations in private spaces have received less protection). Freedom of press- sharing of info believed to be necessary for self-government. Broadcast media- subject to federal regulation, the press is protected from government censorship, even if the government seems the publication of certain content harmful. -"Prior restraint"= an attempt by the government to block publication of certain material before it is actually printed. Press is protected from it, but can be limited under extraordinary circumstances that threaten national security. "gag order"= government may prevent publication of material when it would Make it impossible for a defendant in an ongoing court case to have a fair trial.

The right to die

-Physician assisted suicide- voluntary termination of one's own life by administration of a Lethal substance with the direct assistance of a physician. OR, WA, CO, VT, CT, and MT- only states (along with dc) that have it legalized the Oregon electorate supported the Death with dignity act through a popular initiative in 1994, making it the first state to legalize assisted suicide. This is for terminally ill patients. -Supreme Court considered a challenge to it in the case of Cruz v. Director, Missouri Department of Health (1990)- court ruled that states were authorized to limit assisted suicide in the absence of "clear and convincing evidence" (through a living will, for example) that the patient desired treatment to be withheld under such circumstances. Aftermath- hospitals began presenting patients with DNR forms to establish the evidence necessary to withhold treatment. Denied right to die in Washington v. Glucksberg (1997)- right to assisted committed suicide- not fundamental liberty interest protected by the due process clause. Gonzalez v. Oregon (2006)- autonomy of the states in this area. US attorney general could not regulate Medical care involving controlled substances if the treatment was permitted by state law.

Radical tactics

-Picketing- favored by younger generation of suffragists, led by Alice Paul. -The suffragettes who picketed the White House called themselves 'silent sentinels" because although they were not boisterous, the positioned themselves in such a way during their picketing that the president will not be able to enter the White House without walking past them. -President Wilson's disappointingly noncommittal response to their delegation promoted the "silent sentenials" to picket in front of the White House. -President Wilson responded to the suggragests by claiming that he personally believed in their cause, but as party leader he was obligated first and foremost to follow the orders of his party. -Some women were imprisoned and employed tactics in prison. -Alice Paul went on a hunger strike to protest the fact that her fellow imrpisoned suffragists were being fed substandard food. -Women's party headquarters said that Alice pail would hold out for a long time, possibly longer than expected.

Compelling state interest

-Preresident Franklin Roosevelt ordered the detainment of individuals with foreign enemy ancestry for national security. -Executive Order 9066 led to the relocation of 120,000 Japanese (many of them American citizens) to internment camps in a number of Western states for the duration of World War II. -Hirabayashi v. United States (1943) and Korematsu v. United States (1944) challenged this action by the national government as a direct violation of the Equal Protection Clause of the 14th Amendment. -Hirabayashi v. United States (1943) and Korematsu v. United States (1944), challenged this action by the national government as a direct violation of the Equal Protection Clause of the 14th Amendment. -Supreme Court ruled that the President did have a compelling state interest for interning Japanese Americans. -The Court also said that while this case required only rational-basis standard of review, cases that involved religious, national, or racial minorities may require a higher standard of scrutiny. -Strict scrutiny is born.

Amendment V: Due Process

-Protections against self-incrimination, double jeoprady, and loss of property. Also provides due process of law and guarantees the right to a jury trial for those accused of a certain degrees of criminal activity. -"Pleads the 5th"- refusing to answer questions before a court of law because testimony would be incriminating. Miranda v. Arizona (1966)- court ruled that persons held in custody must be advised of their rights before being questioned (Miranda rights). -Double Jeoprady- protects those accused of a crime from being tried for the same crime twice. Individuals cannot be retried for a crime after acquittal, or after conviction, and cannot be punished repeatedly for the same offense. Protections do not apply to separate offenses or to the same offense committed in multiple jurisdictions. -due process- all citizens are protected under the rule of law, and that government has to ensure the fair application of the law. Restrictions on legal procedures (procedural due process) and on legal substance (substantive due process) Procedural due process- individuals be notified of charges against them, provided a hearing in court, guaranteed an impartial adjudicator in the form of a judge or jury. Substantive due process- rights be protected through court proceedings, whether they be liberties in Bill of Rights, rights to participate in political process, or protections against discrimination for minority pops.

Amendment IV: Searches and seizures

-Protections to those accused of a crime or involved in a legal dispute. Protections from the arrest and detainment to the trail and condition of the criminally accused. -Law enforcement must have a search warrant, signed under oath and supported by probable cause, to enter an individual's home. War on drugs- challenged it investigating those suspected of narcotic possession and distribution. -Certain conditions where the government does not need a warrant to search property- officers observing "unusual conduct" and suspecting that a weapon might be present may stop and frisk individuals and citizens who have been arrested under probable cause can also be searched. Other exceptions- items in "plain view" or observable through areal surveillance. Warrant not needed when there is an immediate threat to an individual's safety and security. Intrusion of privacy means- sobriety tests, boarder crossings, and security checkpoints at public places and in airports. -Officer must have a warrant before searching a vehicle previously occupied by an arrested passenger who possesses no threat to the officer's safety. 2 exceptions- if the arrested passenger can access the glove compartment to tamper with evidence or if the officer reasonably believes that criminal evidence is in the vehicle- no search warrant is necessary. -If evidence is gathered through an illegally obtained warrant, court can throw it out under the "exclusionary rule;" encourages law enforcement to go through proper channels of obtaining a warrant and conducting a search in an appropriate manner. Exceptions for warrants that would otherwise be invalidadted as long as the officers were acting in "good faith" exceptions permit evidence to be admitted in criminal trials. -Executive and legislative branches of the federal government- played a role in determining the extent to which Americans are protected from "unreasonable searches and seizures." Patriot Act of 2001- enhances the government's surveillance power to identity threats to the nation's security. Critics at the ACLU- the Patriot act has expanded the government's ability to investigate citizen's personal records, perform secret searches of private property, gather foreign intelligence info, and conduct "trap and trace" searches. -2013- NSA collected data on American's cellphone records, internet wage, and social networking, violated 4th amendment (and first and its protection of freedom of speech).

Amendment VIII: cruel and unusual punishment

-Protects the criminally accused from excessive bail, excessive fines, or cruel and unusual punishment. Furman v. Georgia (1972)- judicial interpretation of "cruel and unusual" must be guided by 4 principles: -A punishment [That is]... by its severity...degrading to human dignity. -Punishment inflicted in wholly arbitrary fashion. -Punishment clearly and totally rejected throughout society. -Punishment that is patently unecessary. -Unvconsitutional- drawing and quartering, disembowling, burning convicted persons, as well as executing intellectually disabled or juvenile persons convicted of criminal activity. Execution methods- have been phased out in favor of lethal injection. Several states have placed a moratorium on the death penalty (or have abolished it completely).

Bong Hits 4 Jesus

-Recognize limits on free speech and trace the evolution of students' rights under the first amendment. -Do students have the right to free speech? -Where supreme ct. draws the line on symbolic speech in school settings -Part I- History of student speech rights through a discussion about various court cases, especially morse v. Frederick. -Part II- interpret court opinion in Morse v. Frederick 1

Till we have suffrage

-Recognize tactics used during the suffrage movement from the Seneca falls convention to the ratification of the 19th amendment. -Women's suffrage- teaches us about the nature of political participation, the meaning of equal rights, and the power of the individual to transform society. Identify various tactics used in the campaign to secure women's suffrage and then assess their effectiveness. -Part I- compare historical forms of activism and protest in the women's rights movement and then review a video that depicts suffragettes and their struggle. -Part II- The unvconventional forms of political participation that the suffragists used and analyze the effects of such tactics.

Brown v Board

-Recognize the role of the Supreme Court and judicial interpretation in the desegregation of schools. -Look at Supreme Court cases that addressed whether separate was really equal and whteth the widespread practices of segregation had a detrimental effect on African Americans -Part I- take a look at the brown case and learn how the court interpreted an important doctrine in the constitution to determine that segregation in public schools was unconstitutional. -Part II- current cases related to school segregation and learn about how advocates of desegregation are working toward reform.

Government expands women's civil rights

-Right for women to vote- 19th amendment. Suffragists formed the league of women voters to continue the fight for women's rights. 1961- JFK appointed former First Lady Elanor Roosevelt as the chair of the newly established presidential commission on the statutes of women (PCW); tasked with investigating the treatment of women in society and advising the administration on issues related to unemployment, education, and the law. Documented widespread discrimination against women in all walks of life. -Lawmakers differed over the best way to promote women's interests. Some felt that women's interests were best served through protective legislation- policies aimed at treating women differently in order to accommodate their biological differences, promote their health, and protect them from exploitation. Critics- legislation helps women if they're treated equally under the law, protecting policies would discourage employers from hiring women altogether. Commision's final report- several reccomendations including resources for childcare, paid maternity leave, extension of unemployment, and minimum wage benefits, and attention to pervasive inequalities in the workplace. -Title VII of Civil rights act of 1964- created equal employment opportunity, included "sex: among the list of suspect classes for discrimination in the workplace;ace. Intented to obstruct passage of legislation rather than to sincerely advance the rights of women. -PCSW formed the CASW formed NOW (Largest feminist organization in the US formed in 1966) -Now wanted to promote women's rights; proposed the Equal rights Amendment (ERA); Congress proposed it in 1972. -Opposition to the ERA stemmed from controversial political and social events in the 70s including roe v. wade and fears that women would be sent into combat in Vietnam. -ERA never received the necessary 3/4 approval of states. -Title IX of the education amendments of 72' required equal access to federal funded education programs and activities; application of its provisions has led to more equitable funding for women's athletics. Roe v. Wade= expansion of reproductive rights. New protections against sexual harassment under Civil Rights act of 1964

Long roads to equal protection

-Right to vote. 1965- Lyndon b johnson- Voting Rights Act- remove barriers to voting, permanently in southern states. Prohibitions aimed at southern states, such as banning literacy tests and voter intimidation. -Monitored voter access- if states did not demonstrate that over 1/2 of their eligible citizens were registered to vote before a presidential election or that less than 1/2 of them did vote, then any changes in state election law would be subject to federal review, known as "preclearnace." Shelby County v. Holder (2013)- declared this formula unconstitonal; argued that the formula was antiquated, having grown out of a historical context of pervasive racial discrimination in the south- a cultural milieu of a different time. the ruling, did not, however strike down the governement's ability to review state changes to voting laws through preclearance altogether, allowing that congress may amend the voting rights act "to shape a coverage formula grounded in current conditions" -Recent years- numerous states have passed provisions requiring voters to present either photo ID or some other form of non photo id at the polls; currently only a minority of states require no identification for voting. Critics argue that voter ID laws consitute a modern form of poll tax (purchasing drivers license or passport to qualify to vote). Discriminates against poor, elderly, and minorities. public opinion polls- vast majority of Americans support voter id laws. -Chapter organization: Examine the meaning of civil rights; the historical, consitutional, and legal basis for equal protection of the law; and the ongoing struggles among groups of the population to achieve full access to civil rights.

At the schoolhouse gate

-Robert Richards Interview- Students' rights- 1969 students have expressive freedom (black arm bands- tinker case- Supreme Court- school cannot censor speech unless it creates a substantial disruption). 1986- Fraiser v. Bethel0 limitation- vulgar expression, and expression plane offensive- prohibited. violate expression courts are split on it. How car can they go? T-shirts with messages and theatre performances challenged. unifroms reduce conflicting political clothing, but uniforms may also be restrictive to expression. Depends on where they live- to wear a confederate flag shirt. Can only step in if people complain or if there is a history of racism. Intepret the supreme court's ruling in Morse v. Frederick

Rising up in Seneca Falls

-Seneca falls convention and its significance in the early years of the women's suffrage movement. -Declaration of sentiment- women have been denied the same rights as men. Declaration of sentiments- claims all men and women are created equal; declaration of independence states "all men are created equal" Stanton patterned her document so closely to the declaration of independence to emphasize the parallel between the American colonists and contemporary women as oppressed groups standing up for their natural rights.

Constitutional Amendments, judicial interpretation, and congressional legislation have expanded civil rights

-Separate but equal doctrine established by poesy v. Ferguson allowed steak soceital inequalities between blacks and whites to continue to pervade American culture. National Association for the advancement of colored people (NAACP) founded in 1909 to combat violence against African Americans, particularly the practice of lynching. Grew and expanded to advocate civil rights for blacks. Provided assistance across the states in challenging dicsciminatory laws, focusing on areas of public education, public transport, segregation in public facilities, civic participation through voting, and jury duty and employment practices.

Diverse groups have employed similar tactics to obtain civil rights protections

-Several other groups have mobilized to secure civil rights including latinos, native Americans, people with disabilities, and the LGBT community. Tactics- public demonstrations, pressuring lawmakers, appealing to courts to secure equal protection under the law, and using the media to raise public awareness and shape perceptions -Seeking legal remedies through the court system. Mexican American legal defense and educational fund (1968- secure Mexican American rights to courts) Before that- US courts of appeals for the 9th circuit ruled in mendez v. wesminter school district (1947)- segregating Mexican and latino children was unconstitutional. -Public demonstrations and rallies -Radical tactics (American Indian movement) sit-ins and occupied symbolic pieces of property to gain an auidence for its cause. -Pressure lawmakers to enact legistlation that would expand their rights. Direct appeals to congress through lobbying and indirect through mass mobilization of the public. -Passage of the Americans with disability act of 1990 for people with disabilities. Protects against discrimination and now provide accessibility.

First amendment and symbolic speech

-Signs, symbols, or actions that express the spoken word. Flag burning- protected example. Clothing with political messages, etc. Tinker v. Des Moines (1969)- upheld freedom of speech in schools with clothing.

First Amendment and Freedom of speech

-Some argue that a society is free as long as political speech is protected. Others argue that a society is only free if all types of expression- flag burning, art, music, literature, comical advertising, are protected. -Since the 20s- political speech has consistently received high levels of protection, as it generally recognized as essential to democratic government. -Freedom of speech protections- less protected- fighting words, defamation, and obscenity. well protected- political speech, symbolic speech, and freedom of assembly. -Alien and sedation acts- illegal to "write, print, utter, or publish any false, scandalous, and maicious writing or writings against the government- criticized for infringing freedom of speech. 3/4 of acts have been expired or repealed. -Shneck v. US (1919)- "Clear and present danger" to secruity- not protected by the first amendment. -Ecen threatening speech against the governmetn- protected as long as it is not intended to or likely to incite lawless action. Direct incitement standard. -Bucky v. Valeo (1976)- spending money to support political candidates represents a form of speech that is protected by the first amendment. bipartisan campaign reform act of 2002- limited types of political contributions that could be made and adjusted the permissible amounts of donations to political candidates during elections. -Citizens United v. Federal election commission (2010)- the court struck down sections of the act that banned political advertising by corporations, citing first amendment protections. Suggests that the supreme court not only views political speech as a crucial form of free speech by corporations as equally protected under the first amendment.

Morse Code

-Students don't shed their conditional rights at school, but not automatically coextensive with the rights of adults in other settings. rights of students must be applied in light of special characteristics of the school environment. this banner encouraged drug-use---bad.

Affirmative Action

-The idea behind equality of outcome is to ensure that previously or currently disadvantaged members of society are able to catch up with other members of society by recieving greater chance to succeed. An employer encouraging minorities to apply for a certiain position, and then selects a candidate based on race, gender, disability, or another categoy unrelated to ability. Usually does with purpose of diversifying the work force. -Affirmative action policies first implemented during WWII and broadened and strengthened in executive orders issued by presidents Kennedy, Johnson, and Nixon. Controversy= reverse discrimination- favored the rights and opportunities of minority groups at the expense of others who were not given the advantage. -1978- Alan bakke, white student claimed discrimination; 5-4 decision the court ruled that the rejection was illegal and ordered the medical school to admit him. Justices divided- some argued that any government-supported quota system violated the civil rights act of 1964, while others maintained that race could be used as a criterion in higher education admissions decisions. the court established that race could be considered, but the use of a strict quota system was unconstitutional in college admissions decisions. (Regents of the university of California v. Bakke 1978). -All federal affirmative action programs were effectively ended in 1995, when the court ruled in Adrand Constuctors v. Peña that federal programs based on racial classifications are "inherently suspect." race can still be considered in education and unemployment as long as a strict quota is not in place. -Fisher v. university of Texas (2016)- Supreme Court reconsidered its previous decisions on affirmative action policies in education. Top 10% of students in a high school's graduating class are automatically accepted and on an applications race can be considered when filling remaining spots in the freshman class. The court found this policy to not unconditionally discriminate white students because it narrowly tailored to the legitimate purpose of an increasing diversity and uses race as only one factor among many.

The interpretation of individual liberties has changed over time

-The meaning of political freedom has changed over time, and thus our understanding of civil liberties has evolved and will continue to evolve. debate now centered less on the obstacles to civil liberties and more on the obstacles to political participation and personal self-realization. Two recent and controversial policy issues illustrate this point: 1. right to privacy (abortion and homosexuality) and 2. right to die, which is as yet unresolved

Civil liberties protections have sometimes been extended to apply to state governments as well

-The supreme court interpreted the consititon to mean that only the national government could not infringe on the protections listed in the 1st 10 amendments. States, however were not bound to bill of right protections, unless their own state consitution prevented such infringement. -Americans were subject to 2 different sets of protections: national and state protections. Until 20th century, Americans were essentially dual citizens of both the US and state where they lived, since they were granted fdifferent protections under each set of laws. -Barron v. Baltimore (1833)- dual citizenship reinforced. -Passage of the 14th amendment- revered the notion that Americans were citizens of 2 different sets of protections. -Bill of rights according to 14th amendment- applied to each state and all protections enumerated in the BOR were guaranteed to all citizens regardless of state they resided. Slow to recognize the 14th or enforce the provisions. -Not until 1925- that the Supreme Court decided one of the provisions of the BOR- freedom of speech applied to the state governments. Process by which the Supreme Court applies civil liberty provisions of the BOR to the states= incorporation. Since 1925, the Supreme Court has constituted to incorporate several (but not all) of the provisions of the bill of rights.

Judicial standards of review in civil rights cases

-Throughout civil rights movements of the 19th and 20th centuries, the Supreme Court reevaluated its interpretation of the equal protection clause of the 14th. This clause mandates that "no state shall... deny to any person within its jurisdiction the equal protection of the laws." Late 1800s- court narrowly interpreted to mean all citizens regardless of race should have equal facilities even if they were segregated. 1940s and 50s- Court modified standards for reviewing cases including equal protection and racial discrimination. -Interment camps, etc. two cases- Hirabushiv v. Us (1943) and Korematsu v. US (1994) challenged this action by the national government as a direct violation of the Equal protection clause of the 14th. -Korematsu case- the court articulated a "compelling state interest test" for evaluating equal protection cases, finding that the president did have a compelling reason to detain Japanese citizens and residents due to our entry in WWII. Previously in US v. Carolina Company (1938)- court introduced the idea of "scrutiny" and suggested that different sorts of cases might call for different standard of review for religious, national or racial minorities. this ruling combined with the Korematsu decision= established strict scrutiny standard of judicial review. -Supreme Court= 3 separate standards of review for evaluating the constitutionality of government action in light of the equal protection clause. The court balances the interests of the government against the interest of individuals. -Balancing interests through standards of reviews: 1. Rational basis test. 2. Intermediate scrutiny. 3. Strict scrutiny. -Lowest standard of review= Rational Basis test- court presumes that the government's action is valid. the government need only prove that its action is reasonably related to legitimate government interest and the individual bringing a suit against the government must demonstrate the government action is irrational or arbitrary applied. Scale is tipped in favor of the government. -Middle standard- intermediate scrutinity= requires that the action advances important government interests and that the means used are subsequently related to these government interests. the court sees both government interest and individual interest as somewhat equally weighted. -Craig v. Boren (1976)- Court addressed an Oklahoma law that set minimum age requirements for alcohol purchase based on biological sex (women- 18, men 21). Craig challenged the law as violation of equal protection clause of the 14tg. Court ruled in his favor- intermediate scrutiny- State may institute a discriminatory policy, but it must convincingly prove that the policy is substantially related to a legitimate governmental objective. -Highest level- Strict scrutiny- when the government discriminates against individuals baed on race, religion, or national origin, or infringes on any individual's fundamental freedom, the court uses this to determine if the action was warranted. three questions are asked: 1. Does the case involve a fundamental freedom or suspect classification. 2. Does the action serve a compelling government interest? 3. Is the action taken by thegovernemtn narrowly tailored to achieve the compelling interest; test whether the government has used the least restrictive means for achieving its interests; court wants to make sure the government does not infringe on civil liberties or civil rights any more than absolutely necessary. Scale- tipped in favor of the individual. -Court has been reluctant to apply strict scrutiny in cases involving civil rights for women (they have applied intermediate standard of review instead); supporting some government actions that discriminate based on gender in recognition of biological difference between men and women.

The First Amendment and freedom of religion

-Two clauses- the establishment clause and the; free exercise clause= congress is restricted from regulating religious practices of states or citizens. Establishment Clause- prevents national government from establishing a national religion. No state-endorsed church, no levy of taxes to support particular religious institutions, does not require religious oaths of officeholder and does not base citizenship rights on church members (establishment clause). National cathedral in DC- funded from entirely private sources. -Lemon v. Kurtzman (1971)- whether state financial support of teaching secular subjects in religious schools violates the First amendment Establishment clause. "Lemon test"- 3 criteria for weighing the constitutionality of any government action that involves religion. -Lemon test- the government's actions must: 1. have a secular legislative purpose. 2. Not have the primary effect of advancing or inhibiting religion. 3. Not result in excessive government entailment with religion. -Court ruling- state could not subsidize the salaries of teachers who deliver secular educational content in religious schools because regulation of this policy involved an excessive entanglement with religion. Provides us some insight into the parameters guiding the court in cases involving the Establishment Clause -The Free Exercise Clause protects individuals from national government restrictions on religious practices. The court has erred on the side of protecting religious practices that are central to faith, but prohibiting practices that interfere with a legitimate state interest, engager human safety,or violate cultural standards of decency. Church of the Lukimi Babalu Aye Inc, et al v. City of Hialeh (1993)- protected animal sacrifices for religious purposes. Reynolds v. Us (1878)- banned polygamy. -Most of the contemporary debate over the free exercise of religion centers on laws regulating employment practices, the usage of illegal substances during religious observance, and local ordinances restricting certain religious practices. Sherbert v. Verner (1963)- Court ruked that the Subbatanians (recognize Saturday as a day of worship) cannot be discriminated against in the workplace for their religious beliefs. "Sherbert test"= requires justices to consider certain questions in determining whether the government has violated an individual's free exercise of religion. Sherbert test: Stage 1: the courts must ask- does the person have a claim involving a sincere religious belief? does the government action pose a substantial burden on the person's ability to act on that belief? Stage 2- If yes, then the government must prove- the government action futerhers a "compelling state interest," the government has taken action that is the least restrictive or burdens to religion in promiting that state interest.

With liberty and justice for all?

-Us has perpetual lease on Guantanamo bay; naval base since 1898. Gw Bush used it as a detainment facility for suspected terrorists captured in the conflicts in Iraq and Afghanistan. Considered outside US legal jurisdiction, Bush administration argued that it was in its rights to treat detainees at Guantanamo as though they were not covered by civil liberty protections offered by the US consititution or the Geneva conventions. Also sought to prosecute those in military tribunals, which did not guarantee defendants the same rights as those in civilian courts. -2004- criticized that detainees were being tortured (sleep deprivation, beatings, waterboarding, force feeding, religious defamation, sexual harassment, and filthy surroundings). Hamdan v. rumsfled- challenged these tactics in 2006 and Supreme Court ruled that the president did not have authority to establish military tribunal commissions outside the laws of war- including the UCMJ and standards established through Geneva conventions- or without congressional approval. Detainees entitled to receive certain protections including a trial by a "regulatory constituted court" -President Bush petitioned congress to pass the military commissions act of 2006- to authorize use of military tribunals. DOP also issued a memo announcing all detainees in US costody are entitled to receive humane treatment under Geneva convention requirements. Baurmediene v. Bush (2008)- struck down military commissions act of 2006 as unconstitutional because the act denied habeas corpus rights to detainees in a territory under complete US jursidiction and control. -President obama- executive order suspending the military courts and announced that the facility would be closed within a year. Military judge rejected the order, Senate removed funding meant to close it. Without funding, Obama faced 3 options: vetoing the appropriations bill, closing the facility without funding, or recanting his promise to shutdown the facility all together. -He chose the 2nd option; sought alternative facilities in the US to incarcertate detainees. National Defense Authorization Act prevented him from doing so.

Religious freedom and incorporation

-to illustrate the process of incorporation as well as the different protections for liberties offered by the national government and the state governments, consider the case of religious freedom. In the late 18th century, several of the colonies were founded as safe havens for particular religious sects and they discriminated against other faiths. -Thomas Jefferson-virginia statute for religious freedom- important because it was enacted by the virgina legislature in 1786m year before the constitutional convention- set an immediate precedent for state recognition of religious freedom. -Not until the 1940s that the Supreme Court extended religious freedom to protect individuals, not only from national government infringelmets, but also from state government infringements. Everyone v. board of education (1947)- concerned funding of private schools, the court use the due process classes of the 14th to incorporate the establishment callus of the first amendment. Neither a state nor federal government can set up a church.

sunset provision

A clause in a piece of legislation that sets a specific date when the entire law (or sections of the law) will be nullified.

Habeas Corpus

A protection against illegal imprisonment requiring that those detained have access to a court of law concerning the reasons for their detention.

Due process clause

A provision found in both the fifth and 14th amendments that guarantees the basic rights of citizenship (protection of life, liberty, and property) and mandates equal treatment in legal proceedings.

Abolitionists

Abolitionists were those committed to brining an end to the practice of slavery -William Lloyd garrison -Frederick Douglas -American Anti-slavery society

Civil Rights Act of 1964

Act guaranteed equal treatment in -Schools -Workplace -Public facilities Banning any form of discrimination based on race, color, religion, or national origin (sex and gender were not included).

Constitutionality of Affirmative Action

Adarand Constuctors v. Peña (1995) -federal programs based on racial classifications are "inherently suspect" Gratz v. Bollinger (2003) and Grutter v. Bollinger (2003) -Ruled that race can still be considered in employment and education if a strict quota system is not in place.

19th Amendment

Added to the consitution in 1920 The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.

Equality of outcome in policy

Affirmative action -A range of policies aimed at promoting equality of outcome by providing expanded educational and employment opportunities for members of a previously disadvantaged group. -First institutied during WWII -Expanded through executive orders issued by Kennedy, Johnson, and Nixon.

Bird's Eye view of the Bill of Rights

Amendment- Core Protections- Contemporary Relevance 1st- Freedoms of Religion, Speech, Press, Assembly, and Petition- school prayer, campaign advertising, Wikileaks, Occupy Wall Street 2nd- Right to Bear Arms- assault weapons bans, background checks, concealed-carry laws 3rd- No quartering of Troops- Privacy rights 4th- No Unreasonable Searches and Seizures, Requirement of Warrants and Probable Cause- War on Drugs, stop-and-frisk policies, NSA surveillance 5th- No Double Jeopardy or Self-Incrimination, Rights of Due Process and Grand Jury Screening- right to remain silent, "pleading the Fifth," federal benefits for same-sex marriages 6th-Rights to a Speedy and Public Trial, Impartial Jury, Counsel, Notification of Charges, and Confrontation of Witnesses- jury duty, public defenders, subpoenas, changes of venue in high-profile cases 7th- Right to a Jury Trial in Civil Cases- rule of law, legitimacy of courts in non-criminal suits 8th- No cruel and Unusual punishment- death penalty, prison overcrowding, sentencing of minors 9th- rights not enumerated in the constitution- abortion rights, assisted suicide. 10th- States' Rights- local law enforcement, medical marijuana, divorce laws

Desegregating Education

NAACP began bringing lawsuits about inequality in education in the 1930s Missouri ex rel. Gaines v. Canada (1938) -Lloyd Gaines sued the University of Missouri Law School because he was denied admission due to his race. -University of Missouri had offered to pay for his tuition to attend a law school out of state. -Gaines argued that Missouri's failure to meet the "separate but equal" requirements of Plessy v. Ferguson violated his civil rights under the Equal Protection Clause of the 14th Amendment

Plessy v. Ferguson (1893)

justice Heny Brown: "We consider the underlying fallacy of the plaintiff's argument to consist in the assumption that the enforced separation of the two races stamps the colored race with a badge of inferiority. If this be so, it is not by reason of anything found in the act, but solely because the colored race chooses to put that construction upon it"

The right to privacy and sexuality

Bowers v. Hardwick (1966)- Challenged Georgia laws against sodomy; court ruled that privacy did not extend to homosexuals. -Lawrence v. Texas (2003) extended privacy to homosexuals "Liberty protects the person from unwarranted government intrusions into a dwelling or other private places. In our traction the state is not omnipresent in the home. And there are other spheres of our lives and existence, outside the home, where the state should not be a dominant presence. Freedom extends beyond spatial bounds. Liberty presumes an autonomy of self that includes freedom of thought, belief, expression, and certain intimate conduct. The instant case involves liberty of the person both in its spatial and more transcendent dimensions." Obergefell v. Hodges (2015) -Legalized same sex marriage -Used Lawrence v. Texas (2003) as precedent -"The right to marry is a fundamental right inherent in the liberty of the person, and under the Due process and equal protection clauses of the fourteenth amendment couples of the same sex may not be deprived of that right and that liberty."

Sherbert v. Verner (1963)

Case Summary -Sherbert, a seven day adventist, was fired from her job because she refused to work on Saturdays. -State of South Carolina denied her unemployment benefits -Saturday is the sabbath day for seven day adventists

Lemon v. Kurtzman (1971)

Case summary -Originally three cases that took place in PA and RI -The cases were combined because they all involved public assistance to private schools, including private religious schools. -Should the state be allowed to provide funding to religious schools to teach secular (non-religious: course content?

Commercial Speech

Central Hudson test -The regulation must be related to a substantial government interest -The restriction on commercial speech must directly advance that governmental interest; and -the regulation must be only as broad as necessary to achieve the government's interest

Civil Liberties vs. Civil Rights

Civil liberties -Restraints on the government found in the bill of rights and the "due process" clause of the 14th amendment. -Primarily concerned with individual freedoms civil rights -Protect citizens from discrimination. Primarily rooted in the "Due process" Clause of the 14th amendment -Primarily concerned with equality of citizenship

Civil War

Confederacy- the government established by the 11 southern states that seceded from the US during the civil war -Abraham Lincoln issued the emancipation proclamation in 1863

First amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Sixth Amendment

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Equality of Opportunity vs. Equality of Outcome

Equality of opportunity -Providing each individual the same chance to succeed Equality of outcome -Levelling the playing field to give the disadvantaged a greater chance at success.

Freedom of Religion

Finds basis in: The establishment clause -the portion of the first amendment that prohibits the government from establishing a state religion or favoring one religion over another. Free-Exercise Clause -the portion of the first amendment that protects the right of citizens to follow or practice the religious belief of their choice.

Intro video

Freedom we all have. government can't take away. 1st 10 amendemtns- bill of rights. Freedom of speech, freedom to assemble, press, religion. Congress cannot take away your rights (government). constantly evolving. Protection from government infingement.

Intro video

Guarantee by the government that we will be treated eqaully= civil rights. Not discriminated against by the government or other citizens. Maintain order, provide basic public goods and to promote equality- functions of government. expansion of citizenship.

Amendment VI right to a fair trial

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Seventh Amendment

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

Voting Rights Act of 1965

It targeted restrictions on, or qualifications for, black voting rights- including -Literacy tests -Poll taxes -Limits to voter registration -Required states with a history of discrimination to obtain federal approval before amending their voting laws

Civil rights act of 1964

Legislation passed by Congress that guaranteed equal treatment in public accommodations and employment, and banned any form of discrimination based on race, color, religion, or national origin. -The law also established a federal agency to enforce its terms.

The Miller test

Material can be banned if the average person would find that: 1) Appeals to sexual desire, AND 2) It is patently offensive, AND 3) Work as a whole lacks seriious literary, artistic, political or scientific value.

Fifth Amendment

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment V Due process

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

14th amendment

No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

The Right to die

Supported as a popular initiative in Oregon in 1994 -A popular initiative is a means for gaining access to the ballot through signed petitions to present voters with a proposed statute, consitutional amendment, or ordinance. It is also frequently called a citizen's initative. The Supreme Court supported the right of the states to determine the limits of right to die - Gonzales v. Oregon (2006) - The Supreme Court ruled that the Attorney General could not regulate the use of medications for Right to Die if they were permitted by state law

Fourth amendment in the 21st century

Patriot act of 2001 followed the September 11, 2001 terrorist attacks. This act, challenged by civil liberties organizations like the ACLU, has expanded the government's power to: -Investigate citizens' personal records -Perform secret searches of private property -Gather foreign intelligence info -Conduct "trap and trace" searches (i.e collect information on the origin and destination of communications).

Post-Civil War Reconstruction

Reconstruction -The period (1865-1877) after the Civil War during which the Confederate states were rebuilt and reintegrated into the Union. Radical republicans -Members of the Republican Party who supported reconstruction policies and programs after the civil war

Reaction to affirmative action

Regents of the University of California v. Bakke (1978) -Bakke applied for, and was rejected for, admission to the University of California at Davis School of Medicine twice. -His GPA and standardized test scores were higher than African American students admitted on the basis of the university's quota system. -Supreme Court justices ruled his rejection was illegal and ordered the School of Medicine to admit him. -The Court was sharply divided

Religious Freedom Evaluated

Reynolds v. Us (1878) -Supreme Court ruled that polygamy is not protected by the first amendment Chirch of the Lukumi Babalu Aye Inc., et al. v. city of hialeah (1993) -Supreme Court riled that animal sacrifice is protected by the first amendment.

Desegregating Transportation

Rosa Parks "When that white diver stepped back toward us, when he waved his hand and ordered us up and out of our seats, I felt a determination cover my body like a quilt on a winter night." Began massive protests in Montgomery, Alabama that fueled a national moment for civil rights. Led by MLK JR

Jim Crow Laws

State and local laws in place between 1877 and the mid 1960s that mandated segregation in all public places.

State interest vs. religious freedom

The Supreme Court typically protects practices -Considered central to the faith but prohibits practices that -interfere with state interests -Violate cultural standards of decency -Endager human safety.

Fourth amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Ninth Amendment

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment IV Search and Seizure

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Evidence gathered through an illegal warrant may be thrown out under the "exclusionary rule" Exceptions are often made for officers acting in "good faith"

Establishment Clause

The portion of the 1st amendment that prohibits the government from establishing a state religion or favoring one religion over another.

Free Exercise Clause

The portion of the First amendment that protects the rights of citizens to follow or practice the religious belief of their choice.

Tenth Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

civil rights

The protection of citizens from discrimination by the government or private entities, derived from the equal protection clause of the 14th amendment.

Slavery and the Constitution

Three-fifths Comprimise -Counted slaves as 3/5th of a person for the purposes of representation in the house of representatives. -Article 1, sec 9 "The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person."

Eigth Amendment

excessive bail shall not be required nor excessive fines imposed nor cruel and unusual punishment

Amendment VIII Cruel and unusual punishment

excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. -What is cruel and unusual punishment -In furman v. georgia (1972), justice William Brennan wrote: -A punishment [that is]... by its severity...degrading to human dignity. -A severe punishment that is obviously inflicted in wholly arbitrary fashion -A severe punishment that is clearly and totally rejected throughout society. -A severe punishment that is patently necessary.

Americans with Disabilities Act of 1990

a federal law that defines disability as "a physical or mental impairment that substantially limits a major life activity," prohibits discrimination based on disability, and mandates public accommodation for those with disabilities.

popular initiative

a means for gaining access to the ballot through signed petitions to present voters with a proposed statute, constitutional amendment, or ordinance. It is also frequently called a citizen's initiative.

Suffragists

advocates of extending the right to vote to women -Elizabeth Cady Stanton -Susan B Anthony -Formed the National Woman Suffrage Association in 1869

Missouri Compromise of 1820

an act of Congress whereby Missouri and Maine were added to the Union, one slave and the other free, to maintain the balance of political power between slave states and free states in the U.S. Senate.

New Federalism

an approach to national-state relations in which power is reserved to states and local communities. This type of federalism involves deregulation of state and local governments as well as reliance on block grants to provide freedom to states and localities over spending national dollars to meet local needs.

slander

defamation in oral form

Libel

defamation in written form

Freedom Rides

demonstrations held during the civil rights movement of the 1960s in which activists would ride public transportation (mainly buses) into Southern states in order to protest racial segregation.

Freedom rides

demonstrations held during the civil rights movement of the 1960s in which activists would ride public transportation (mainly buses) into Southern states in order to protest racial segregation.

Freedmen

former slaves who were freed during the Civil War and enjoyed full citizenship rights, including voting and running for political office, during Reconstruction in the South.

Suspect classification

legal term referring to a group that has previously suffered systematic discrimination or disadvantage (based on race, religion, or national origin). Cases involving discrimination against an individual in this classification require the highest level of scrutiny by the Supreme Court.

Civil Rights act of 1875

legislation passed by Congress to prohibit discrimination in public facilities and accommodations. It was ruled unconstitutional by the Supreme Court in the Civil Rights Cases (1883).

Radical Republicans

members of the Republican Party who supported Reconstruction policies and programs after the Civil War.

Suspect classification

refers to a group that has previously suffered systematic discrimination or disadvantage (based on race, religion, or national origin). Cases involving discrimination against an individual in this classification require the highest level of scrutiny by the Supreme Court.

Civil liberties

restraints on the government to protect individual freedoms, derived from the bill of rights and the due process clause of the 14th amendment.

Confederacy

the government established by the 11 southern states that seceded from the US during the civil war.

Reconstruction

the period (1865-1877) after the civil war during which the confederate states were rebuilt and reintegrated into the union.

Equal protection clause

the portion of the 14th Amendment that requires the states to treat citizens equally under the law. The Equal Protection Clause is also the basis for the incorporation doctrine, which extends Bill of Rights protections to shield citizens from state as well as federal abridgment of basic freedoms. - The Equal Protection Clause is also the basis for the incorporation doctrine, which extends Bill of Rights protections to shield citizens from state as well as federal abridgment of basic freedoms. -The Equal Protection Clause was also the basis for rulings in major civil rights cases like Missouri ex rel. Gaines v. Canada (1938) and Brown v. Board of Education Topeka, Kansas (1954).

Establishment clause

the portion of the first amendment that prohibits the government from establishing a state religion or favoring one religion over another.

Abolitionists

those committed to bringing an end to the practice of slavery