civil rights and liberties notes

what of 10 amendments has never been incorporated

3rd- never deal w quartering soldiers problem

Establishment Clause

Clause in the First Amendment that says the government may not establish an official religion.

Rational scrutiny

Govt just has to have a raitonal basis for its actions- moree leeway

mcdonald v chaicago constituional reasoning

In this case, the applicability of the Second Amendment to the states was argued, and if the 2nd Amendment's right to bear arms (interpreted as an individual right) also applied to the states. This involves selective incorporation!

Roe v. Wade

Norma McCorvey (Jane Roe) wanted an abortion but could not legally have one in the state of Texas, because of a state law that prohibited abortions except in cases where the mother's life was in danger. She questioned the legality of this law. The Supreme Court held that a woman's right to an abortion fell within the right of privacy that was clarified in Griswold v. Connecticut, and therefore was protected by the Fourteenth Amendment. Laws in 46 states were affected by this ruling. This ruling expanded the definition of privacy.

Fourth Amendment

Protects against unreasonable search and seizure so need warrant

difference b/w civil rights and womens rights stragties

Well African Americans use the judicial system the secure civil rights, women's rights activist use legislative strategy

Endorsement Test

govt cant endrose a religion

self-incrimination

individuals cannot be compelled to give testimony that might lead to criminal charges against them

civil rights

which refers to the government's protection of individuals from discrimination as members of particular groups

SNCC

(Student Non-Violent Coordinating Committee)-a group established in 1960 to promote and use non-violent means to protest racial discrimination; used civil disobedience idea

Exceptions to the Warrant Requirement

-consent searches -stop and frisks -plain view exceptions -searches incident to a lawful arrest -hot pursuit -emergency circumstances(exigent)

Lemon Test (3 prongs)

1) is there a secular purpose? 2)does law/action actively inhibit religion? 3)does it create excessive entanglement b/w govt and religion?

Due Process Clause

14th amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law

Equal Protection Clause

14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination

Religious Freedom Restoration Act

1993 act which forbids any federal agency or state government to restrict a person's free exercise of religion unless the federal government demonstrates that its action 'furthers a compelling government interest'. This was declared unconstitutional on the grounds of the separation of powers principle.

Engel v. Vitale: Constitutional Issue

1st Amendment - religion, Establishment Clause

wisconsin v yoder constituaionl issue

1st amendment free exercise clause

Free Exercise Clause

A First Amendment provision that prohibits government from interfering with the practice of religion.

Strict Scrutiny

A Supreme Court test to see if a law denies equal protection because it does not serve a compelling state interest and is not narrowly tailored to achieve that goal very hard to pass

Civil Disobedience

A form of political participation that reflects a conscious decision to break a law believed to be immoral and to suffer the consequences letter from bingiham jail reaffirmed this

grand jury

A group of citizens that decides whether there is sufficient evidence to accuse someone of a crime and take them to trial.

Penumbras of Privacy

A group of rights and rights derived, by implication from other rights explicitly protected in the bill of rights (supreme court rules back to certain amendments in the bill of rights) 9th amendment necessarily arbitrary lines of legislature

Tinker v. Des Moines Independent Community School District

A group of students decided to wear black armbands in order to protest the Vietnam War. Mary Beth Tinker and Christopher Eckhardt decided that they would wear their armbands to school despite warnings from school administration. he Supreme Court held that students still have free speech rights at school, and in order to justify the suppression of speech, the speech must substantially interfere with school operations (explore the case Bethel School District v. Fraser - it's interesting). As referenced earlier, this case relates directly to the First Amendment, and the ruling confirmed that students' right of symbolic speech was more powerful than the potential disorder that it could cause. Majority Opinion: A common phrase you might hear is: "students don't shed their rights at the schoolhouse gate." This quote comes from the majority opinion in this case!

Americans with Disabilities Act of 1990

A law passed in 1990 that requires employers and public facilities to make "reasonable accommodations" for people with disabilities and prohibits discrimination against these individuals in employment.

certain protections in the Constitution itself

Article 3 Define treason to protect the right of the people to criticize the government Federalist 84 outlines the other ones evident in the Constitution- habeas corpus, jury trial rights, religious freedom but no BORs

McDonald v. Chicago

Chicago passed a handgun ban law, and several suits were filed against the city challenging the ban after another case (District of Columbia v. Heller). In that case, the Court had held that a DC handgun ban violated the Second Amendment. There, since the law was enacted by the federal government, the Second Amendment was applicable. n its decision, the Court stated that the handgun ban was unconstitutional in a 5-4 decision. Because the right to self-defense was fundamental, the 2nd Amendment was incorporated to the states through the Fourteenth Amendment's due process clause.

Gideon v. Wainwright

Clarence Earl Gideon was charged in Florida state court on a felony - breaking and entering charge. During his trial, Gideon requested that he receive a court-appointed lawyer; however, in accordance with Florida State law, an indigent defendant could only have an attorney be appointed in capital crimes/cases. Gideon then filed a habeas corpus suit, stating that the court's decision violated his rights to be represented. he holding was that the Sixth Amendment's right to counsel applies to state court defendants via the Fourteenth Amendment. The Court stated that because the right of counsel is fundamental, it should be incorporated into the states.

Schenck v. United States

During World War I, a pair of socialists, including Charles Schenck distributed leaflets that stated the draft violated the 13th Amendment - which prohibits involuntary servitude. The leaflet wanted people to disobey the draft. Schenck was charged with violating the Espionage Act of 1917. They appealed on the grounds of the First Amendment. The Supreme Court held that the Espionage Act did not violate the First Amendment and it was an appropriate exercise of Congress' wartime authority. This was a key limitation on the First Amendment as the free speech clause does not allow for advocacy of unlawful behavior.

writing in libel or in spoken form as slander

Expressions that defame a person's reputation- writing in libel or in spoken form as slander is not protected in the same way as political expression libel is untrue writing statement that injures a person's reputation and slander is just a spoken form to win a case on Libel or slander, an aggrieved party must show that the statements were made with the knowledge that they were untrue

basic summary of first 10 amendments

First Amendment protected individual rights from legislative branch, next two deal with executive branch on firearms and soldiers, Clear 4 through 8 protected rights of Americans involved in judicial system, 9th says citizens have rights in addition to those listed in Bill of Rights(combat fed 84 concern), 10th give some powers to the states and is the basis of federalism

Intermediate Scrutiny

Harder than rational scrutiny but not always unconstitutional like strict scrutiny

Wisconsin v. Yoder

Jonas Yoder, as well as other Amish parents, refused to send their children to school after the 8th grade. In accordance with their religion, they did not agree with high school attendance. but charged for this by wicosnin govt cuz had to go to school til 16 court held that the requirement to send children to school beyond the eighth grade was unconstitutional. It stated that an individual's interest in the free exercise of religion was more powerful than a federal interest in sending children to school beyond the eighth grade.

National Organization for Women

NOW try to pressure the federal government to enforce federal anti-discrimination laws and eventually became about women's full participation in the mainstream of American society

Engel v. Vitale

New York Board of Regents had authorized that at the beginning of each day, a short but voluntary prayer would be recited- challenged The court held that states could not hold prayers in public school EVEN IF it was voluntary and EVEN IF the prayer did not adhere to a specific religion. Because the act of prayer was considered a religious activity, having it occur in a public school (which is funded by the government) would go against the establishment clause of the first amendment. Main Idea? School sponsorship of religious activities = violation of first amendment

Title 9

Required schools to provide equal opportunities for females as provides for male students

de facto segregation

Segregation resulting from economic or social conditions or personal choice.

gideon and wainrights constitutional issue

Sixth Amendment and whether the right to counsel guaranteed in this amendment also applied to felony defendants in state court.

Miranda v. Arizona

Supreme Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police.

Plessy versus Ferguson

Supreme Court though upheld the constitutionality of legalized racial segregation through Plessy versus Ferguson said social prejudices cannot be overcome by legislation and declared that separate but equal facilities did not violate Constitution

selective incorporation

The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments. cuz of due process and equal protection- nothing can deprived

New York Times Co v. United States

This case, also known as the Pentagon Papers case had to do with the First Amendment. The Nixon Administration tried to prevent the New York Times from publishing material that belonged to a Defense Department study about US intervention in Vietnam. President Nixon stated that it was necessary to national security to prohibit it before publication, also known as prior restraint. The Supreme Court, in this case, bolstered the freedom of the press guaranteed by the First Amendment. In a 6-3 vote, the Court established that there was a "heavy presumption against prior restraint" even for national security purposes. This is a key case to know for freedom of the press!

Brown v. Board of Education

This is one of the most famous cases in US history. Relating to the racial segregation of schools, African American students had been denied admittance to public schools because of these segregation laws, and many argued that this was in violation of the Constitution. he Court held that "separate but equal is inherently unequal," and therefore racial segregation of public schools is unconstitutional. The segregated schools allowed by the previous Plessy case were declared unconstitutional. This had a MAJOR IMPACT on the US and required desegregation of all public schools Judicial Review: The Supreme Court is allowed to reverse previous rulings based on the premise of judicial review. See the Marbury v. Madison case for more info about this! Stare Decisis: The case established that this principle, which states that current courts should look to previous decisions for interpretation, will not always be upheld. Enforced?: The Court required states to desegregate "with all deliberate speed," and when schools had not desegregated after 10 years, the Court issued another opinion requiring immediate desegregation. This is an example of how judicial decisions may not be enforced by the federal or state executive departments.

constitutional issue schneck v us

This was a First Amendment case and the question was whether the Espionage Act violated the First Amendment and if it was an appropriate way that Congress exercised its wartime authority.

quid pro quo harassment

Type of sexual harassment that occurs when an employee is forced to choose between giving in to a superior's sexual demands and forfeiting an economic benefit such as a pay increase, a promotion, or continued employment.

Voting Rights Act of 1965

a law designed to help end formal and informal barriers to African-American suffrage like by ending ltieracy tests

exclusionary rule

a law that prohibits the use of illegally obtained evidence in a criminal trial.

compelling interest test

can have side effect of restricitng rleigion as long as no alternative available- least restrictive possible

2 views of 2nd amendment

collective rights- states have right to maintain militia to prevent tyrannical fed interference(so state can regulate) individual rights- personal defense and defense of others

compelling interest and valid secular test levels of govt control ofr religion

compelling interest pushed for more individual freedom of free exercise valid secular test pushed for more govt control

court on death penalty

death is not inherently cruel and unusual cuz based on due process clause, can deprive of life as long as there is due process based on framers ideas

substantitve due process

fair and clear laws, fundamental rights/liberties govt can't take away- right to privacy substance of the law

clear and present danger test

from schneck v us evaluate whether restrictions on political speech are legitimate- Legal standard that speech posing in the media and serious threat to National Security is not protected by First Amendment the risk of this test is subjectivity it may give the government more power for many different forms of political speech However Brandenburg versus Ohio create a two prong test of acceptable restrictions on political speech: must be directed to Insight or produce imminent Lawless action and likely to incite or produce such action"

Civil liberties

fundamental rights and freedoms of individuals That are protected from unreasonable governmental restriction

prior restraint

government censorship of information before it is published or broadcast not allowed

5th Amendment

guarantees procedural due process for criminal defendants in federal cases grand jury sees if enough evidence to charge/indict with a crime, prohibits Double Jeopardy, protects against self incrimination

sixth amendment

guarantees right to have an attorney present at trial- Have right to an attorney for those unable to afford one in state criminal cases with decision Gideon versus Wainwright also speedy and public trial, jury, confrontation(can confront a witness/evidence and cross examine), compulsory process(can subpoena(force) witness and evidence to appear)

constituoonal issue of brown v board

his was an issue in terms of the Equal Protection Clause of the Fourteenth Amendment. A previous case, Plessy v. Ferguson, held that segregated facilities were legal as long as the facilities were equal (called "separate but equal doctrine.") In this case, racial segregation in public school education was argued against based on the Equal Protection Clause.

hostile working environment

involves actions, statements, conditions unreasonably interfere with the ability of employees to do their job

warrant

is a document issued by a judge authorizing some activity like tapping a phone line or searching an apartment- must have probable cause or reasonable suspicion

what does all discrimination have to have?

must involve government private organization can discriminate ven if irrational

requirements of all laws

need to be vague- not singling out single group can't create chilling effect where single out a particular message that makes people scare of breaking(afriad animal documentry is wrong cuz illegal for animal cruelty) pverbreadth- law may not impigne on both proected and unprotected speech

court ruling on 2nd amendment

nog just militia but indivdual rights

symbolic speech

nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment. so not all speech is verbal

Reporter's Privilege in court

not present, have to be in court and testify

Civil Rights Act of 1964

outlawed discrimination based on race, color, religion, sex, or national origin banned it on basis of INTERSTATE COMMERCE

technology based exceptions to 4th amendment

patriot act- govt can electronically surveil w.o warrant implied consent biosurveillance- dna obtained from trash w/o warrant

Affirmative action

policy designed to address the consequences of previous discrimination by providing special consideration to individuals based on characteristics like race and gender people argue that it could be reverse discrimination but others argue necessary to ensure quality

eight amendment

prohibits excessive bail, amount of money posted as a security to allow the defendant to be freed while awaiting trial also prohibits cruel and unusual punishment

free press

protects minoirty and majority against self interested congress

level of scrutiny used for different discrimnation

race- strict gender- intermediate(some purposes, like draft) age and disability- rational

time, place, and manner restrictions

regulations regarding when, where, or how expression may occur; must be content neutral

Miller Test

rule used by the courts in which the definition of obscenity follow 3 criiteria- offensive, no redeeming social value, applicability is tested by contemporary Community standards meaning the different places may have different standards

secular interest test

see if serves legitimate nonreligious goal and not aimed at one religion

de jure segregation

segregation by law segregation that thrugood and naacp we're challenging was written to the law and even some state constitutions

A person accused of a crime cannot afford an attorney, so the state provides the accused with a public defender. Which of the following amendments in the Bill of Rights best applies in this scenario?

sixth

key difference in civil rights and liberites

so civil liberties requires the government does not infringe on the freedom of people but civil rights require positive action by the government to protect individuals from discrimination

levels of sep of church and state

some argue no intermixing some say can intermix w/ no favoritism some argue just no official religion/ tax payer money funded churces

three types of tests when dealing with civil rights

strict(highest), intermediate, and rational(lowest)

double jeopardy

the prosecution of a person twice for the same offense.

Miranda Rights

the right to remain silent and to have an attorney present during questioning; these rights must be given by police to individuals suspected of criminal activity

Brown versus Board of Education 2

urge people to apply the ruling with speed however Southern resistance and this case really didn't and legal challenges to segregation as still very much present in schools

letter from birmigham jail summary

used first amendment rights He explains that direct action (peaceful protest) is necessary to force white people to confront racism and that it is direct action that would open up an opportunity for dialogue. He also mentions that civil disobedience is a patriotic response to laws that are unjust. King goes on to discuss his disappointment in "white moderates" who claim to oppose racism but also reject any direct action. He says that they are more detrimental to the cause of equality than the KKK because they passively allow injustice to continue. He also criticizes the white leadership of churches for upholding the status quo rather than advocating for equality as it once had. King ends by saying that African Americans will achieve equality, that their fight for freedom and desegregation will be successful.

Roe v. Wade Reasoning

used substantitve due process- certain things govt should stay out- privacy

how can fed govt control firearms

using taxing pwr, commerce clause, and spending power

expression that is regulated

violence, propety dammage, criminal spech, encoraching others rights, burdens on leigiimate govt functions, traspassing, time.place.manner, liber/slander, obscenities

Thurgood Marshall

w/ naacp helped to fight civil rights battle in court to overturn precdents including plessy

Valid and Neutral Law of General Applicability

what it is now now govt can do more to resstrict religion

constitutional issue in new york times v us

whether the Nixon administration's prior restraint was constitutional and if preventing the publication of "classified material" was a violation of the First Amendment's freedom of the press.

consitutional issue tinker v des moines

whether the prohibition against wearing these armbands (and in general - symbolic protest) violated the freedom of speech clause of the First Amendment.