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civil liberties and rights Flashcards

1
Q

equal protection clause

A

“equal protection of life, liberty, and property”
requires each state to provide equal protection under the law to all people within its jurisdiction

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2
Q

strict scrutiny

A

sc ruled that government can make reasonable classifications of groups, but since race and ethnic background is extremely suspect it must meet compelling public interest to become grouped

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3
Q

affirmative action

A

a policy of numerical quotas designed to give special attention to compensatory treatment of members of previously disadvantaged group

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4
Q

brown v. board of education

A

supreme court ruled that separating children in public schools on the basis of race was unconstitutional
overturned please v ferguson
equal protection clause

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5
Q

barrier to vote grandfather clause

A

literacy tests were given before registering to vote; exemptions made for white citizens

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6
Q

24th amendment

A

prohibited poll taxes in federal elections

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7
Q

white primary

A

permitted political parties in the democratic south to exclude blacks from voting in the primary elections

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8
Q

14th amendment

A

no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the united states
life liberty property
due process clause (civil liberties)
equal protection clause (civil rights)

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9
Q

voting rights act of 1965

A

outlawed literacy tests
provided federal oversight of voter registration

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10
Q

equal rights amendment

A

equality of rights under the law shall not be denied or abridged by the us

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11
Q

civil rights act of 1964

A

outlawed jim crow laws and promoted hiring of women

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12
Q

americans with disabilities act of 1990

A

has required employers and administrators of public facilities to make reasonable accommodations for those with disabilities

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13
Q

civil liberties

A

personal freedoms protected from government intrusion
(bill of rights)

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14
Q

civil rights

A

rights of people to be treated without unreasonable constitutional differences
equal protection clause

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15
Q

bill of rights

A

first 10 amendments
protect basic liberties
restrict federal govt

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16
Q

selective incorporation

A

process by which the sc has applied the bill of rights to the states through the due process clause of the 14th amendment

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17
Q

Schenk vs. US

A

a socialist who mailed leaflets to young men to resist the military draft
was convicted of conspiracy and violating the Espionage Act
he argued that this charge was violating his freedom of speech
SC ruled against him saying that during wartime these can be punished as they represent a “clear and present danger” to national security

free speech of first amendment

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18
Q

tinker v. does monied school district

A

students were suspended for wearing black armbands to protest the vietnam war at school. the court ruled the suspension was unconstitutional and that the public school students still had their constitutional rights at school for freedom of expression. form of symbolic speech

19
Q

libel

A

written defamation that falsely attacks a person’s good name and/or reputation

20
Q

slander

A

spoken defamation that falsely attacks a person’s good name and/or reputation

21
Q

prior restraint

A

government preventing material from being published; censorship; unconstitutional

22
Q

NY times Company v. US

A

pentagon papers/ government confidential files were leaked
Government tried to use prior restraint to prohibit the publishing of these papers by the NYT and WP
court upheld the first amendment freedom of press rights

23
Q

establishment clause

A

govt cant establish an official religion

24
Q

engle v vitale

A

ruled that government directed prayer in public schools violated the establishment clause of the first amendment

25
Q

free exercise clause

A

prohibits govt from interfere inf with the practice of religion

26
Q

wisconsin v yoder

A

amish children desired to pull their children from public school before the age of 16. court sided with amish and held that parents are free to do so for religious purposes
free-exercise clause
freedom of religion first amendment

27
Q

2nd amendment

A

right to bear arms

28
Q

McDonald vs. Chicago

A

2nd amendment applies to state and local governments as well as to the federal government
mcdonald argued that right to bear arms is a fundamental right that states shouldn’t infringe on
chicago argued that states should be able to tailor firear regulation to local conditions

29
Q

4th amendment

A

protection against unreasonable searches

30
Q

probable cause

A

when police have reason to believe that a person should be arrested

31
Q

fruit of the poisoned tree

A

evidence obtained illegally, usually without a search warrant
this and all related evidence will then be thrown out of court

32
Q

exclusionary rule

A

the rule that evidence cannot be introduced into trial if it was not constitutionally obtained

33
Q

5th amendment

A

self incrimination
when individual is accused of a crime is compelled to be a witness against himself or herself

34
Q

6th amendment

A

right to counsel
right to a jury

35
Q

gideon v. wainwright

A

state courts are required to provide counsel in criminal cases for defendents under the sixth amendment
gideon was charged with breaking and entering with intent to commit a misdemeanor in florida. he asked for counsel but was denied

36
Q

plea bargaining

A

bargain for defendant to plead guilty to a lesser crime
90% of cases end here

37
Q

8th amendment

A

forbids cruel and unusual punishment

38
Q

writ of habeas corpus

A

court order requiring govt officials to present a prisoner in court
explain why the person is being held

39
Q

ex post facto law

A

retroactive criminal law
laws may make an action a crime that was not a crime when committed

40
Q

bill of attainder

A

punishment without a judicial trial

41
Q

right to privacy

A

freedom of religion
3rd amendment no quartering
4th amendment search and seizure
9th amendment right not limited to those listed

42
Q

Roe v. Wade

A

court held that a woman’s right to an abortion fell within the right to privacy
due process clause

43
Q

wall of separation

A

establishment clause
separate govt and religion

44
Q

15ht amendment

A

right of a person to vote should not be abridged by race color or former condition of servitude

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